The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that an Ontario Provincial Police officer driving a cruiser committed a criminal offence in connection with a collision involving a 71-year-old man as he crossed the road in Picton last November.
On November 24, 2021, the officer, while behind the wheel of a marked police SUV, struck the man as he crossed the intersection at Maitland and Low streets while taking his dog for a walk. The man was later diagnosed with a broken left upper arm and rib fracture.
Director Martino was satisfied that the officer failed in his duty of care toward the man. The man had the right of way at the intersection, and it was incumbent on the officer to refrain from crossing the intersection until he could do so safely. However, while the officer’s indiscretions might give rise to civil liability or liability under the Highway Traffic Act, they did not constitute a marked departure from a reasonable standard of care.
Accordingly, there were no reasonable grounds to believe the officer transgressed the limits of care prescribed by the criminal law in connection with the man’s serious injuries.
Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision):
