REPORT RAPPORT

DATE:	19 July 2011
TO/DEST:	Executive Director, Ottawa Police Services Board
FROM/EXP:	Chief of Police, Ottawa Police Service
SUBJECT/OBJET:	REPORT ON S.I.U. INVESTIGATION INJURY DURING ARREST – APRIL 2011

RECOMMENDATION

That the Ottawa Police Services Board receive this report for information.

BACKGROUND

In April, members of the Ottawa Police Surveillance Unit were investigating the actions of an individual committing break and enter. This individual was observed attempting to break-in to a number of residences.  The individual was later seen exiting a private residence carrying a bag.  Members of the surveillance unit attempted to intercept the individual as he was making his way to his vehicle and a foot chase ensued.

The individual ran away from officers attempting to arrest him.  As this individual was running through a vacant lot, he made contact with a police vehicle.

The individual was taken into custody.  He complained that he had an injured left leg and was taken to hospital. The diagnosis was a fracture of the lower left fibula.

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 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 this 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 injury sustained by the complainant, during his arrest in April, 2011.

On that day, (the suspect) unlawfully entered a residence for the purpose of stealing some of its contents. Unbeknownst to him, the OPS Surveillance Unit was monitoring his actions. A plainclothes officer approached (the suspect) and he attempted to flee. (The officer) followed (the suspect) in his unmarked vehicle into a nearby parking lot. (The suspect) came into contact with the police vehicle causing the suspect to fall. The right front tire of his vehicle ran over (the suspect’s) lower left leg, causing a fracture.

I am of the view that it is more probable that the suspect unintentionally ran into the police vehicle because of the conclusions from the accident reconstruction report.

Therefore, even though the police vehicle was the cause of the complainant’s leg fracture, no criminal liability attaches to the subject officer’s actions.

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