{"id":28750,"date":"2020-02-18T14:22:12","date_gmt":"2020-02-18T19:22:12","guid":{"rendered":"https:\/\/wawa-news.com\/?p=28750"},"modified":"2020-02-18T14:26:44","modified_gmt":"2020-02-18T19:26:44","slug":"no-grounds-to-proceed-with-charges-in-relation-to-collision-between-snowmobile-and-cruiser-in-wawa","status":"publish","type":"post","link":"https:\/\/wawa-news.com\/index.php\/2020\/02\/18\/no-grounds-to-proceed-with-charges-in-relation-to-collision-between-snowmobile-and-cruiser-in-wawa\/","title":{"rendered":"No Grounds to Proceed with Charges in Relation to Collision Between Snowmobile and Cruiser in Wawa"},"content":{"rendered":"<div><a href=\"https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/Screen-Shot-2019-04-04-at-12.20.56-AM.png\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-medium wp-image-20398\" src=\"https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/Screen-Shot-2019-04-04-at-12.20.56-AM-300x160.png\" alt=\"\" width=\"300\" height=\"160\" srcset=\"https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/Screen-Shot-2019-04-04-at-12.20.56-AM-300x160.png 300w, https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/Screen-Shot-2019-04-04-at-12.20.56-AM-768x408.png 768w, https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/Screen-Shot-2019-04-04-at-12.20.56-AM-600x319.png 600w, https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/Screen-Shot-2019-04-04-at-12.20.56-AM-620x330.png 620w, https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/Screen-Shot-2019-04-04-at-12.20.56-AM.png 1602w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a>On April 3, 2019, there was a collision between a snowmobile and an Ontario Provincial Police cruiser on Highway 101 in Wawa. The snowmobile operator was transported to hospital where he was treated for multiple fractures of his left leg. While Director Joseph Martino has no doubt that the officer was driving dangerously in the moments before the collision, and that his dangerous driving was largely responsible for what occurred, he is of the view that the evidence falls just short of justifying criminal charges against the officer.<\/div>\n<div><\/div>\n<div>\n<div id=\"attachment_20399\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/MSVCruiser-9490.jpg\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-20399\" class=\"size-large wp-image-20399\" src=\"https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/MSVCruiser-9490-600x381.jpg\" alt=\"\" width=\"600\" height=\"381\" srcset=\"https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/MSVCruiser-9490.jpg 600w, https:\/\/wawa-news.com\/wp-content\/uploads\/2019\/04\/MSVCruiser-9490-300x191.jpg 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><\/a><p id=\"caption-attachment-20399\" class=\"wp-caption-text\">Cruiser involved in the collision being brought to the detachment.<\/p><\/div>\n<\/div>\n<div><b>\u00a0<\/b><\/div>\n<hr \/>\n<div><b>Full Director\u2019s Report (with Incident Narrative, Evidence, and Analysis &amp; Director\u2019s Decision)<\/b><\/div>\n<div><\/div>\n<div>\n<div>This report relates to the SIU\u2019s investigation into serious injuries sustained by a 63-year-old male (the \u201cComplainant\u201d).<\/div>\n<h2 id=\"section_4\">The Investigation<\/h2>\n<div>\n<h3>Notification of the <abbr title=\"Special Investigations Unit\">SIU<\/abbr><\/h3>\n<p>On April 3, 2019, at 4:45 p.m., the Ontario Provincial Police (<abbr title=\"Ontario Provincial Police\">OPP<\/abbr>) Northeast Region notified the <abbr title=\"Special Investigations Unit\">SIU<\/abbr> of the serious injury sustained by the Complainant as a result of a collision with an <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> cruiser 20 minutes prior.<\/p>\n<p>The <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> reported that at 4:25 p.m., on April 3, 2019, a marked <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> cruiser en route to a low priority call on Highway 101 broadsided a snowmobile operated by the Complainant. The Complainant was attempting to cross Highway 101 at the time. He suffered several fractures to his left leg requiring surgeries.<\/p>\n<div>\n<h3>The Team<\/h3>\n<p>Number of <abbr title=\"Special Investigations Unit\">SIU<\/abbr> Investigators assigned: <b> <\/b><b>2 <\/b><\/p>\n<\/div>\n<div>On April 4, 2019, two <abbr title=\"Special Investigations Unit\">SIU<\/abbr> investigators initiated an investigation in Sault Ste. Marie where the Complainant had been transferred for surgery. Various materials and documents were requested and later received from the <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> Wawa Detachment and police designations were issued. The Complainant was interviewed later that day and his medical records were obtained with his consent. The Complainant\u2019s wife was contacted by the <abbr title=\"Special Investigations Unit\">SIU\u00a0<\/abbr>and supplied background information.<\/div>\n<div>\n<h3>Complainant:<\/h3>\n<p>63-year-old male interviewed, medical records obtained and reviewed<\/p>\n<aside>[Note : A complainant is an individual who was involved in some form of interaction with police, during the course of which she or he sustained serious injury, died or is alleged to have been sexually assaulted.]<\/aside>\n<h3>Civilian Witnesses<\/h3>\n<p><abbr title=\"Civilian Witness\">CW<\/abbr> #1 Not interviewed (Next-of-Kin)<br \/>\n<abbr title=\"Civilian Witness\">CW<\/abbr> #2 Interviewed<br \/>\n<abbr title=\"Civilian Witness\">CW<\/abbr> #3 Interviewed<\/p>\n<\/div>\n<div>\n<h3>Witness Officers<\/h3>\n<p><abbr title=\"Witness Officer\">WO<\/abbr> Interviewed<\/p>\n<aside>[Note : A witness officer is a police officer who, in the opinion of the <abbr title=\"Special Investigations Unit\">SIU<\/abbr> Director, is involved in the incident under investigation but is not a subject officer.Upon request by the <abbr title=\"Special Investigations Unit\">SIU<\/abbr>, witness officers have a duty under Ontario Regulation 267\/10 of the <cite>Police Services Act<\/cite>, to submit to interviews with <abbr title=\"Special Investigations Unit\">SIU<\/abbr> investigators and answer all their questions. The <abbr title=\"Special Investigations Unit\">SIU<\/abbr> is also entitled to a copy of their notes from the police service.]\n<\/aside>\n<h3>Subject Officers<\/h3>\n<p><abbr title=\"Subject Officer\">SO<\/abbr> Declined interview and to provide notes, as is the subject officer\u2019s legal right<\/p>\n<aside>[Note : A subject officer is a police officer whose conduct appears, in the Director\u2019s opinion, to have caused the death or serious injury under investigation.Subject officers are invited, but cannot be legally compelled, to present themselves for an interview with the <abbr title=\"Special Investigations Unit\">SIU<\/abbr> and they do not have to submit their notes to the <abbr title=\"Special Investigations Unit\">SIU<\/abbr> pursuant to Ontario Regulation 267\/10 of the <cite>Police Services Act<\/cite>.]\n<\/aside>\n<\/div>\n<\/div>\n<h2 id=\"section_5\">Evidence<\/h2>\n<div>\n<h3>Forensic Evidence<\/h3>\n<div><\/div>\n<h4>Global Positioning System (<abbr title=\"Global Positioning System\">GPS<\/abbr>) Data<\/h4>\n<p>The following data was obtained from the <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> <abbr title=\"Global Positioning System\">GPS<\/abbr> Gate Data Delivery. The report covers the movements of the subject officer\u2019s police vehicle on Highway 101 to the scene of the collision. A total of 211 points are mapped on the Google Earth map but the following numbers indicate the police vehicle from point 168 (two kilometres from impact) to point 188 (the area of impact). The speed limit on Highway 101 changes from 90 km\/h to 50 km\/h and is noted at point 184, 450 metres from the scene.<\/p>\n<p><img decoding=\"async\" src=\"https:\/\/www.siu.on.ca\/images\/2020-02-11-18-47-34_00_chart_eng_067.jpg\" alt=\"Global Positioning System (GPS) Data \" \/><\/p>\n<h4>Crash Data Retrieval (<abbr title=\"Crash Data Retrieval\">CDR<\/abbr>) Data<\/h4>\n<div><\/div>\n<p>The <abbr title=\"Crash Data Retrieval\">CDR<\/abbr> Report captured the police vehicle speed for the final five seconds before impact. At five seconds prior to impact, the police vehicle was traveling at about 116 km\/h and continually decreased speed to the point of impact indicating that the police officer did not apply the accelerator from that point on. At the point of impact, the police cruiser was traveling at about 71 km\/h.<\/p>\n<h3>Materials obtained from Police Service<\/h3>\n<p>Upon request the <abbr title=\"Special Investigations Unit\">SIU<\/abbr> obtained and reviewed the following materials and documents from the <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> Wawa Detachment (Superior East):<\/p>\n<ul>\n<li>Computer-Assisted Dispatch Event Details;<\/li>\n<li><abbr title=\"Crash Data Retrieval\">CDR<\/abbr> Report;<\/li>\n<li><abbr title=\"Global Positioning System\">GPS<\/abbr> data associated with the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s cruiser;<\/li>\n<li>Notes of the <abbr title=\"Witness Officer\">WO<\/abbr>;<\/li>\n<li><abbr title=\"Ontario Provincial Police\">OPP<\/abbr> Draft Diagrams;<\/li>\n<li>Identification Number for the Mobile Work Station assigned to the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s cruiser;<\/li>\n<li>Google Earth photograph of the scene;<\/li>\n<li>Preliminary Photo-brief prepared for the <abbr title=\"Special Investigations Unit\">SIU<\/abbr>; and<\/li>\n<li>The <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> Reconstruction Report.<\/li>\n<\/ul>\n<h3>Materials obtained from Other Sources<\/h3>\n<p>The <abbr title=\"Special Investigations Unit\">SIU<\/abbr> received the Complainant\u2019s medical records from the Sault Area Hospital.<\/p>\n<\/div>\n<h2 id=\"section_6\">Incident Narrative<\/h2>\n<div>The circumstances surrounding the Complainant\u2019s injuries are not in dispute. At about<br \/>\n4:00 p.m. on April 3, 2019, the Complainant, together with <abbr title=\"Civilian Witness\">CW<\/abbr> #2 and <abbr title=\"Civilian Witness\">CW<\/abbr> #3, had come off Wawa Lake on their snowmobiles and were stopped north of Highway 101 looking to cross south over the roadway into town. At the same time, the <abbr title=\"Subject Officer\">SO<\/abbr> was in his cruiser travelling west along Highway 101 toward Wawa in response to a reported theft at a shop in town. As the officer negotiated a rightward bend in the road approaching the snowmobilers\u2019 position, he observed the Complainant in his lane ahead of him and attempted to avoid a collision by swerving to the left. Moments prior, the Complainant had accelerated forward onto the roadway.The impact between the vehicles occurred in the westbound lane of Highway 101 at the roadway\u2019s intersection with Gladstone Avenue. The front passenger side of the cruiser struck the front left side of the snowmobile, sending it west and north until it came to rest on the westbound shoulder of the highway several metres from the point of impact. The Complainant was thrown from the snowmobile and landed on the roadway. The <abbr title=\"Subject Officer\">SO<\/abbr> stopped his cruiser in the eastbound lane of the highway, exited and went to check on the Complainant. The officer sustained minor injuries in the collision, apparently the result of his cruiser\u2019s airbag deployment.<\/p>\n<\/div>\n<h2 id=\"section_7\">Relevant Legislation<\/h2>\n<div>\n<h3>Section 128(13)(b), Highway Traffic Act \u2013 Police vehicles and speeding<\/h3>\n<div><b>128(13)<\/b> The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,<\/div>\n<div><\/div>\n<blockquote>\n<div>(b) a police department vehicle being used in the lawful performance of a police officer\u2019s duties.<\/div>\n<\/blockquote>\n<div><\/div>\n<h3>Section 320.13, Criminal Code \u2013 Dangerous operation causing bodily harm<\/h3>\n<div><b>320.13 (<\/b><b>2)<\/b> Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.<\/div>\n<div><b>\u00a0<\/b><\/div>\n<div><\/div>\n<\/div>\n<h2 id=\"section_8\">Analysis and Director&#8217;s Decision<\/h2>\n<div>\n<p>The Complainant was seriously injured on April 3, 2019 while on a snowmobile trip with a couple of friends. He was on his snowmobile attempting to cross Highway 101 in Wawa when he was struck by an <abbr title=\"Ontario Provincial Police\">OPP<\/abbr> cruiser being operated by the <abbr title=\"Subject Officer\">SO<\/abbr>. The Complainant was transported to hospital where he was treated for multiple fractures of his left leg. On my assessment of the evidence, there are no reasonable grounds to believe that the <abbr title=\"Subject Officer\">SO<\/abbr> committed a criminal offence in connection with the collision.<\/p>\n<p>The offence that arises for consideration is <i>dangerous driving causing bodily harm<\/i> contrary to section 320.13(2) of the <cite>Criminal Code<\/cite>. As an offence of penal negligence, liability under the section rests on conduct that, in addition to being objectively characterized as dangerous, amounts to a marked departure from the level of care that a reasonable person would have observed in the circumstances: <i>R. v. Beatty<\/i>, [2008] 1 SCR 49; <i>R. v. Sharp<\/i> (1984), 12 CCC (3d) 428 (Ont. C.A.). While I have no doubt that the <abbr title=\"Subject Officer\">SO<\/abbr> was driving dangerously in the moments before the collision, and that his dangerous driving was largely responsible for what occurred, I am of the view that the evidence falls just short of justifying criminal charges against the officer.<\/p>\n<p>The central issue in the liability analysis is with the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s speed. While traveling west on Highway 101 some six kilometres from the scene of the collision, there was a pronounced increase in the officer\u2019s velocity to about 136 km\/h from 111 km\/h eight seconds earlier, presumably in response to the theft call in Wawa. The <abbr title=\"Subject Officer\">SO<\/abbr>continued apace westward at speeds between 121 km\/h and 152 km\/h over the course of the next five and a half kilometres, traveling for the most part at 140 km\/h and above against a 90 km\/h speed limit. Some 450 metres east of the collision site, there was a traffic sign for westbound motorists indicating a drop in the speed limit from 90 km\/h to 50 km\/h as the highway wound its way into the Town of Wawa. The <abbr title=\"Subject Officer\">SO<\/abbr> appears to have entered this zone at about 138 km\/h, thereafter decelerating to 113 km\/h within a span of 250 metres. At the point of impact, a further 150 metres down the road, the <abbr title=\"Subject Officer\">SO<\/abbr> was travelling at about 71 km\/h.<\/p>\n<p>I am satisfied that the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s speeds as he responded to the theft call, which were significantly in excess of the speed limits that governed the roadway over which he travelled, constituted a risk to traffic around him. I am further satisfied that the officer\u2019s speed was the pivotal factor in the collision that occurred. The Complainant appears to have done little if anything wrong in relation to the accident, and I do not believe he saw the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s cruiser before entering the roadway. Travelling as fast as it was, it is conceivable that the cruiser would not have been visible to the Complainant until just before impact. On the other hand, the <abbr title=\"Subject Officer\">SO<\/abbr> appears to have seen the Complainant\u2019s snowmobile entering onto the roadway but was unable to avoid a collision owing, in my view, to the speed at which he was travelling.<\/p>\n<p>Further aggravating the danger caused by the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s speed was the officer\u2019s failure to activate his emergency lights and\/or siren. He ought to have known, particularly as he crossed into the 50 km\/h zone, that traffic around him would have little time to react to his cruiser given how fast it was going. In the circumstances, the officer ought to have activated his emergency lights and\/or siren to alert the public as early as possible to his presence. One is left to speculate, reasonably in my view, that the Complainant might well have not ventured onto the roadway when he did had he been given advance notice of the cruiser via its siren or emergency lights.<\/p>\n<p>Finally, when considering the inculpatory impact of the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s speed, it is important to bear in mind that a police officer\u2019s foremost duty is at all times the preservation of life. It does a police officer no good if in responding to a call for service his or her conduct unduly endangers public safety. I fully appreciate that police officers are frequently faced with difficult choices with little time in which to make them, and that allowance must be made for less than exacting decisions made in the heat of the moment. That said, in the context of an officer who had travelled several kilometres over approximately three minutes before the collision occurred, it is difficult to countenance the persistence of the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s excessive speed to get to the scene of what was, after all, a property offence.<\/p>\n<p>On the other side of the ledger, while one might question the wisdom of travelling as fast as the <abbr title=\"Subject Officer\">SO<\/abbr> was to get to the scene of a reported theft, the fact remains that he was engaged in the execution of his duty and therefore exempt from the speed limits pursuant to section 128(13)(b) of the <cite>Highway Traffic Act<\/cite>. This is not to suggest that the <abbr title=\"Subject Officer\">SO<\/abbr> had carte-blanche to speed as he wished without regard to public safety; however, quite apart from whether the <abbr title=\"Subject Officer\">SO<\/abbr> paid sufficient heed to public safety as he sped westward on Highway 101, it is important to recognize that he was a police officer responding to the scene of a reported crime. In other words, if the officer\u2019s conduct was ill-guided, it was not without rhyme or reason.<\/p>\n<p>It is also true that most of Highway 101 over which the <abbr title=\"Subject Officer\">SO<\/abbr> travelled in response to the reported theft was predominantly rural in nature with little development on either side of the road. It was only as the <abbr title=\"Subject Officer\">SO\u00a0<\/abbr>approached the Town of Wawa and the speed limit became 50 km\/h for westbound traffic, some 450 metres from the collision scene, that the officer\u2019s speed coalesced with the environment around him to create a clear and present danger of accident. In the circumstances, while I am unable to characterize the gravamen of the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s transgressions as fleeting or momentary, it was relatively short-lived \u2013 about half a kilometre and some 13 seconds.<br \/>\nThe evidence further suggests that snowbanks on the shoulder of the highway, trees and shrubs on both sides of the snowmobile trail, and a \u201cno parking\u201d sign just east of the location where the Complainant attempted to cross the roadway may have obstructed his line of sight toward the approaching cruiser, thereby contributing to the accident. In fact, the obstructions may well have detracted from the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s sightlines as well. All of which is to suggest that the officer\u2019s speed was likely not the only factor at play in the collision.<\/p>\n<p>Lastly, it would not appear that the environmental conditions that prevailed at the time exacerbated the risks to public safety inherent in the <abbr title=\"Subject Officer\">SO<\/abbr>\u2019s speed. The roadway was dry and in fair condition, and visibility was good.<\/p>\n<p>In the final analysis, while one may legitimately criticize the <abbr title=\"Subject Officer\">SO<\/abbr> for the manner in which he operated his police cruiser in the moments leading to its collision with the Complainant and his snowmobile, I am unable to reasonably conclude that the officer\u2019s conduct was so substandard as to amount to a marked deviation from a reasonable level of care. Accordingly, there are no grounds for proceeding with charges in this case and the file is therefore closed.<\/p>\n<p>Date: February 5, 2020<\/p>\n<p>Original signed by<\/p>\n<p>Joseph Martino<br \/>\nDirector<br \/>\nSpecial Investigations Unit<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>On April 3, 2019, there was a collision between a snowmobile and an Ontario Provincial Police cruiser on Highway 101 in Wawa. The snowmobile operator was transported to hospital where &#8230;<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_EventAllDay":false,"_EventTimezone":"","_EventStartDate":"","_EventEndDate":"","_EventStartDateUTC":"","_EventEndDateUTC":"","_EventShowMap":false,"_EventShowMapLink":false,"_EventURL":"","_EventCost":"","_EventCostDescription":"","_EventCurrencySymbol":"","_EventCurrencyCode":"","_EventCurrencyPosition":"","_EventDateTimeSeparator":"","_EventTimeRangeSeparator":"","_EventOrganizerID":[],"_EventVenueID":[],"_OrganizerEmail":"","_OrganizerPhone":"","_OrganizerWebsite":"","_VenueAddress":"","_VenueCity":"","_VenueCountry":"","_VenueProvince":"","_VenueState":"","_VenueZip":"","_VenuePhone":"","_VenueURL":"","_VenueStateProvince":"","_VenueLat":"","_VenueLng":"","_VenueShowMap":false,"_VenueShowMapLink":false,"footnotes":""},"categories":[41],"tags":[2313],"class_list":["post-28750","post","type-post","status-publish","format-standard","hentry","category-community","tag-april-3rd-snowmobile-cruiser-collision"],"publishpress_future_action":{"enabled":false,"date":"2026-04-14 12:00:35","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"_links":{"self":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts\/28750","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/comments?post=28750"}],"version-history":[{"count":3,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts\/28750\/revisions"}],"predecessor-version":[{"id":28753,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts\/28750\/revisions\/28753"}],"wp:attachment":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/media?parent=28750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/categories?post=28750"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/tags?post=28750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}