News Release

News Release

SIU Concludes Ottawa Vehicle Injuries Investigation

Case Number: 13-OVI-223   

Mississauga (16 October, 2013) --- The Acting Director of the Special Investigations Unit (SIU), Joseph Martino, has concluded that there are no reasonable grounds to charge an Ottawa Police Service officer with any criminal offence in relation to the injuries sustained by a 73-year-old woman and 48-year-old male last month.

The SIU assigned two investigators and two forensic investigators to probe the circumstances of this incident. As part of the investigation, one witness officer and nine civilian witnesses were interviewed. The subject officer consented to an interview with the SIU and provided a copy of her duty notes. 

The SIU investigation found that the following events took place on Friday, September 6, 2013:
• In the morning hours, the subject officer was on duty in a marked cruiser proceeding southbound on Elgin Street. She brought her vehicle to a stop facing a red traffic signal at the intersection of Elgin Street with Sparks Street.
• Following a brief period of time, the officer proceeded southbound through the intersection and struck two individuals who were making their way across Elgin Street along the pedestrian crosswalk. 
• Both pedestrians were taken to The Ottawa Hospital for treatment – the woman for serious injuries including a fractured arm and the man for a concussion.

Acting Director Martino said, “In my view, the subject officer’s conduct at the time in question did not amount to dangerous driving, the criminal offence that arises for consideration in this case. The subject officer states clearly that she drove through the intersection only after the traffic control signal had changed to green. The officer is corroborated in this important evidence by many of the civilian witnesses who said the officer proceeded on a green light.”

Acting Director Martino continued, “The weight of the evidence suggests the officer was proceeding on a green light through the intersection and that, conversely, the pedestrians were in the crosswalk in contravention of the traffic control signal that faced them. In these circumstances, I am satisfied on reasonable grounds that the officer exercised a level of care that fell within the limits prescribed by the criminal law.”

The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must

• consider whether the official has committed a criminal offence in connection with the incident under investigation
• depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
• publicly report the results of its investigations