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REPORT RAPPORT |
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DATE:
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19 July 2011 |
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TO/DEST:
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Executive Director, Ottawa Police Services Board |
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FROM/EXP:
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Chief of Police, Ottawa Police Service |
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SUBJECT/OBJET: |
REPORT ON S.I.U. INVESTIGATION –
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RECOMMENDATION
That the Ottawa Police Services Board receive this report for information.
BACKGROUND
In March, 2011, a motor vehicle collision occurred at an intersection in the City of Ottawa. The traffic signal lights at this intersection were not functioning due to work being completed by City employees. As a result, there were two police officers assigned on a paid duty assignment to direct traffic at this intersection while the work was being completed. At the time of the collision, there was one officer in the intersection directing traffic.
One vehicle was heading east on the roadway at the same time the other vehicle was heading north approaching the intersection. Both vehicles entered the intersection at the same time and a collision ensued. The driver of one of the vehicles sustained a broken collarbone and other minor injuries. He was transported to hospital by ambulance and later released the same day.
The driver of the other vehicle did not sustain any injuries in the collision.
The Special Investigations Unit was contacted and invoked their mandate.
INVESTIGATION
Special Investigations Unit Investigation
On June 13, 2011, the Director of the Special Investigations Unit advised Chief White that their investigation was now complete and that no further action would be taken. S.I.U. Director Ian Scott stated in his correspondence:
“The investigation by the Unit has been completed, the file has been closed and no further action is contemplated. In my view, there are no reasonable grounds to believe that the named subject officer committed a criminal offence in relation to the injuries sustained by (the victim) in a motor vehicle accident on March, 2011. On that day, the subject officer was directing traffic at the intersection, because the traffic lights were disabled in order to permit city employees to upgrade them. He directed (the vehicle), which was traveling in a northbound direction to stop, which it did. As the second vehicle approached the intersection, (the driver) did not note that the traffic lights were not working. (The driver) said he saw the northbound traffic was stopped but did not see any officer directing traffic. (The driver) slowed down a bit but could not avoid a collision with the other vehicle that had moved into the intersection. (The complainant) sustained a complete fracture of his mid left clavicle as a result of the accident.
In my view, it is unlikely that the subject officer directed (the complainant) to enter the intersection, given the fact that (the other driver) was not directed to stop his vehicle. It beggars the imagination to think that any officer directing traffic would permit a northbound vehicle to enter an intersection when he did not stop the eastbound traffic absent independent corroboration of this assertion. Accordingly, I cannot conclude that (the complainant) was directed by the subject officer into the intersection, and no criminal liability may attach to the (subject officer)’s actions proximate in time to this motor vehicle accident causing serious injury to (the complainant).
I thank you for the cooperation of all members of your police service in the conduct of this investigation.”
Professional Standards Section Investigation
Pursuant to section 11 of Regulation 673/98 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate.
The results are as follows:
Conduct: No misconduct was identified.
Policies: All policies were adhered to.
Service: No service issues were identified.
CONCLUSION
No further action to be taken on this matter.
(Original signed by)
Gilles Larochelle
Acting Chief of Police