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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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22 November 2011 |
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TO/DEST: |
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 – MOTOR VEHICLE COLLISION WITH INJURIES – SEPTEMBER 2011 |
That the Ottawa Police Services Board receive this report for information.
In September 2011, an Ottawa Police Service officer observed a vehicle proceed through an intersection without stopping for a red light. The officer activated his emergency equipment and attempted to stop the vehicle for the Highway Traffic Act violation.
The driver of the suspect vehicle failed to stop and accelerated away from the marked police cruiser. A pursuit was initiated and monitored in accordance with provincial standards. The pursuit, lasting approximately sixty seconds, culminated with the suspect vehicle striking another motor vehicle.
The Special Investigations Unit was contacted and invoked their mandate.
INVESTIGATION
Special Investigations Unit Investigation
On October 13th, 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:
“Pursuant to s. 11(4) of Regulation 267/10 under the Police Services Act, I advise you that my report regarding the Vehicle Injury that occurred in September 2011, has been sent to the Attorney General.
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 subject officer, committed a criminal offence in relation to the motor vehicle collision leading to serious injuries to the complainant in September 2011. In the evening of that day, the complainant was a passenger in a motor vehicle driven by the complainant’s common-law spouse. They were traveling westbound on Hunt Club Road when the driver attracted the attention of the subject officer while improperly accelerating through an intersection against amber light. Instead of stopping, the driver accelerated up to 100km/hr in a 60 km/hr zone. The driver drove around a vehicle at a red light, lost control of the vehicle and careened into the eastbound lane, causing a collision with a car traveling in that lane. The major point of contact between the two vehicles was the passenger side of the suspect vehicle with the front end of the eastbound vehicle. As a result, the complainant sustained significant injuries including a fractured pelvis, foot and several ribs.
The subject officer had the lawful authority to engage in this pursuit pursuant to s.3(1)(b) of O.Reg 266/10 to the Police Services Act. In an attempt to elude the police, the driver drove the vehicle in a reckless manner, causing the driver to lose control. In my view, it was the actions of the driver of the suspect vehicle, and not those of the subject officer, that caused these serious injuries to the complainant. There is no suggestion that the subject officer drove in a dangerous or criminally negligent manner, and no suggestion that the officer had physical contact with the suspect motor vehicle. Accordingly, I cannot form reasonable grounds that the subject officer committed a criminal offence in relation to those injuries.”
Professional Standards Investigation
Pursuant to section 11 of Regulation 267/10 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.
No further action to be taken on this matter.
(Original signed by)
Vern White
Chief of Police
