MISSISSAUGA, ON, Oct. 21 /CNW/ - The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to believe that an Ontario Provincial Police (OPP) officer with the Stormont-Dundas & Glengarry Detachment committed a criminal offence in connection with the injuries sustained by a 28-year-old woman in August of this year.
The SIU assigned three investigators and two forensic investigators to probe the circumstances surrounding this incident that occurred near Morrisburg.
The SIU investigation determined that on August 6, 2009, the subject officer was operating radar for west bound traffic on Highway 401. At approximately 2:30 a.m., the officer clocked a vehicle traveling at 142 km/hr. The officer pursued the car with his emergency equipment activated. During the pursuit, the driver of the vehicle increased his speed to 200 km/hr, and exited the highway at a gas station ramp. The driver then struck a cement barrier on the right side of the ramp, causing one of his passengers, Jennifer Cianflone, to suffer multiple fractures.
Director Ian Scott said, "The subject officer had the lawful authority to stop the vehicle under s. 216 of the Highway Traffic Act. He also had the lawful authority to enter into a pursuit under s. 3 of the 'Suspect Apprehension Pursuit' regulations under the Police Services Act. While the pursuit may have begun for the purpose of identification of the pursued vehicle, the increased speed meant the subject officer could have formed reasonable grounds to believe the driver was committing the Criminal Code offence of dangerous driving: R. v. Richards (2003), O.A.C. 339. In addition, there is no suggestion that the subject officer came into contact with the pursued vehicle."
The SIU is a civilian agency that investigates cases of serious injuries (including allegations of sexual assault) and deaths involving the police. Pursuant to section 113 of the Police Services Act, the Director of the SIU is mandated to consider whether a criminal offence has been committed by an officer(s) in connection with the incident under investigation and, where warranted by the evidence, to cause a criminal charge or charges to be laid against the officer(s). The Director reports the results of investigations to the Attorney General.
SOURCE SPECIAL INVESTIGATIONS UNIT
For further information: For further information: Monica Hudon, SIU Communications/Service des communications, UES, Telephone/No de telephone: (416) 622-2342 or/ou 1-800-787-8529