Ontario’s police watchdog says no charges are warranted in connection with a fatal crash involving a Toronto police cruiser earlier this year, but noted that the officer involved “bears some responsibility for the collision.”
The Special Investigations Unit (SIU) released a report on the Sept. 3 collision Friday.
At 5:35 p.m., an officer in a cruiser was making a left-hand turn from College Street onto University Avenue when a motorcycle struck the vehicle in the intersection.
The motorcyclist was taken to hospital and died the following day.
The SIU report said the officer was en route to relieve another officer at St. Michael’s Hospital when the crash happened. The officer was travelling west on College Street and intended to turn onto southbound University Avenue.
The report said the officer entered the intersection on a green light, went past the northbound lanes of University Avenue and started to turn as the light turned red.
The motorcyclist, travelling east on College Street in the curb lane, entered the intersection on a red light.
The officer had crossed the eastbound passing lane and was into the curb lane when the motorcyclist struck the cruiser’s passenger side.
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SIU director Joseph Martino wrote that when investigating this incident, he had to determine whether the officer was engaged in dangerous driving causing death.
“Simple negligence will not suffice to make out the offence. Rather, what is required, in part, is a marked departure from the level of care that a reasonable person would have exercised in the circumstances,” Martino wrote.
“In the instant case, the question is whether there is sufficient evidence to reasonably establish a want of care on the part of the (officer) that caused or contributed to the (motorcyclist’s) death and was sufficiently egregious to attract criminal sanction. In my view, there is not.”
However, Martino noted that the officer “bears some responsibility for the collision” as left-hand turns were marked as prohibited when the crash happened.
“Knowing full well that left-hand turns were prohibited at that time, the officer chose to disregard the law and embark on his turn,” Martino wrote.
“He was not responding to any emergency at the time, and should have known better than to conduct himself as he did.”
Martino said the officer was also on the phone at the time having a conversation with his girlfriend, though was using the device “hands-free.”
However, Martino noted that “the officer’s approach and attempted turn at the intersection, though prohibited, appear to have been executed with due care and regard for traffic in the vicinity.
“He entered the intersection lawfully on a green light and was proceeding into his turn as the lights for east and westbound traffic turned red when his cruiser was struck. On this record, though it is perhaps fair to say that the collision would not have occurred but for the (officer’s) imprudent left-hand turn, it is also fair to observe that he was in no way responsible for the (motorcyclist’s) decision to enter the intersection on a red light at speed.”
The SIU is an independent agency that investigates incidents involving police that have resulted in death, serious injury, alleged sexual assault or firearm discharge at a person.
The full SIU report can be read online.
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