REPORT RAPPORT

DATE:	28 July 2014
TO/DEST:	Executive Director, Ottawa Police Services Board
FROM/EXP:	Chief of Police, Ottawa Police Service
SUBJECT/OBJET:	REPORT ON SIU INVESTIGATIONS

RECOMMENDATION

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

BACKGROUND

The attached annexes outline calls for service that resulted in the Special Investigations Unit (SIU) being contacted and invoking their mandate.  The background of the incident, SIU findings, and recommendations are provided.  For each incident, the Professional Standards Section completed an investigation into policy, services and conduct of the involved members of the OPS.

Annex A:                   SIU investigative File # 13-OVD-239 – Ontario Vehicle Death

Annex B:                   SIU investigative File # 13-OCI-242 – Ontario Custody Injury

(Original signed by)

Charles Bordeleau

Chief of Police

Responsible for report:  Supt. T. Cheslock

Annex A: SIU Investigative File # 13-OVD-239) – Ontario Vehicle Death

BACKGROUND

In October of 2013 an officer in a marked police cruiser observed a Black Honda Civic driving westbound on Laurier Avenue at a high rate of speed.  The officer, who was driving eastbound on Laurier Avenue did a u-turn at Elgin Street and proceeded westbound on Laurier Avenue to affect a traffic stop on the Honda.  The officer had activated the emergency lights of the marked cruiser.

The Honda continued at a high rate of speed and entered the intersection of Laurier Avenue and Bank Street where it struck a southbound Black Kia Rondo, which had entered the intersection on a green traffic signal.

As a result of the collision the driver of the Kia Rondo was pronounced deceased from the injuries sustained.  The driver of the Honda Civic was arrested for the offence of Impaired Operation and later charged with numerous criminal offences in relation to the collision.

The Special Investigations Unit was contacted and invoked their mandate.

INVESTIGATION

Special Investigation Unit Investigation

The Director of the Special Investigations Unit advised the following:

“The investigation by this Unit has been completed, the file has been closed and no further action is contemplated.  That is, in my view there are no reasonable grounds to believe that the subject officer committed a criminal offence in relation to the vehicle death of the driver which occurred in October 2013.”

“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(1) of the Ontario Regulation 267/10 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if policies of, or services provided by, the OPS were adhered to at the time of this incident, and to determine if the conduct of the police officer was appropriate or contributed to the death of the victim.

After a review of the evidence of this case, it has been determined that there is no evidence of misconduct on the part of any of the involved officers with respect to the handling of the event.

The results are as follows:

Conduct:        No misconduct identified

Service:          No service issues were identified during this investigation

Policy:            As per the requirements of the Ontario Police Services Act and its regulations, every Police Service shall have policies that provide direction for the delivery of police services. In this matter a number of policies were reviewed including: Special Investigation Unit, Motor Vehicle Collisions, Suspect Apprehension Pursuit, Traffic Stops and Vehicle Searches. There were no policy issues identified.

CONCLUSION

No further action to be taken on this matter.

Annex B: SIU Investigative File # 13-OCI-242 – Ontario Custody Injury

BACKGROUND

In January of 2013, officers attended a call for service for an aggressive customer who refused to leave a restaurant and was threatening to fight customers.  When the first responding officer arrived on scene, the subject was located immediately matching the description provided and was informed they were under arrest.  The subject resisted arrest and as a result was grounded by the officer in attempt to gain control.  The subject sustained facial injuries and a dislocated left shoulder and was transported to the hospital for treatment.  A decision was made that SIU would not be contacted at that time as it was determined that the injury to the subject’s shoulder was pre-existing.

In October of 2013, the subject’s lawyer contacted the Special Investigations Unit and they invoked their mandate.

INVESTIGATION

Special Investigation Unit Investigation

The Director of the Special Investigations Unit advised the following:

“The investigation by this Unit has been completed, the file has been closed and no further action is contemplated.  That is, in my view there are no reasonable grounds, in my view, to believe that the subject officer committed a criminal offence in connection with the injuries the subject received during this arrest in the City of Ottawa on the day in question.”

“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(1) of the Ontario Regulation 267/10 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if policies of, or services provided by, the OPS were adhered to at the time of this incident, and to determine if the conduct of the police officer was appropriate or contributed to the victim’s injuries.

The investigation has determined that there is no evidence of any misconduct on the part of the involved officers that may have contributed to the injuries of the individual.

The results are as follows:

Conduct:        All OPS officers are required to complete two days of use of force training every year, which includes specific training on communication and de-escalation. In the Province of Ontario, the training standard in relation to use of force was established and recognizes that individual officers may respond to the same situation with different response options, considering variable impact factors. Further pursuant to Section 25(1) of the Criminal Code, officers are permitted to use force to affect an arrest in the lawful execution of their duties. After a careful review of this incident no misconduct has been identified with respect to the use of force utilized by the arresting officer. It has been determined that the level of force used was necessary and legally justified pursuant to Section 25(1).

Policies:         As per the requirements of the Ontario Police Services Act and its regulations, every Police Service shall have policies that provide direction for the delivery of police services. In this matter a number of policies were reviewed including: Special Investigation Unit, Arrest, Use of Force, Prisoner Care and Control and note taking. A review of the Ottawa Police Service note taking policy found that the patrol Staff Sergeant breached policy with relation to failing to use the issued duty book and proper note taking. This officer is subject to internal discipline.

Service:          No Service issues were identified.

CONCLUSION

No further action to be taken on this matter.