DECISION OF THE CHIEF CIVILIAN DIRECTOR OF THE INDEPENDENT INVESTIGATIONS OFFICE

Similar documents
Michael D. Schrunk, District Attorney

)i[r) INDEPENDENT. ~ Investigations Office of BC

Automated Traffic Enforcement Technology Guidelines

CITY OF SASKATOON COUNCIL POLICY

PROCEDURE Road Traffic Collisions (Recording) Number: H 0601 Date Published: 24 May 2016

Driver Education Ch. 4: Safe Driving Rules & Regulations. Ms. Marx

ONTARIO REGULATION 239/02 MUNICIPAL ACT MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS

5 AUTOMATED SPEED ENFORCEMENT PROPOSAL

City Police Officer Dies After His Vehicle is Struck by a Civilian Motorist in a Federal Highway Intersection

ENGINEER S PRELIMINARY REPORT. for the #######-###### COLLISION

Safe Railroad Crossing Procedures for School Bus Drivers

$3.35 MILLION LAWSUIT ALLEGES ACCIDENT CAUSED BY FUNERAL HOME MISHANDLING OF PROCESSION

Signs. signs, signals and road markings. in this chapter

Ch Driving on Expressways. Characteristics of Expressway Driving. Expressway. Types of Expressways. Why do they have fewer collisions?

LAGUNA BEACH POLICE DEPARTMENT MEMORANDUM

OKLAHOMA SCHOOL BUS DRIVER MANUAL TRAINING MANUAL FOR OKLAHOMA SCHOOL BUS DRIVER CERTIFICATION

Deaths/injuries in motor vehicle crashes per million hours spent travelling, July 2007 June 2011 (All ages) Mode of travel

Document Safer Roads Ottawa Program Workplan

Urgent duty driving (UDD) This chapter contains these topics: Overview Legal provisions - defences Responsibilities

Emergency Roadside Technician Dies When Struck by a Single-Unit Truck on an Interstate Shoulder. Incident Number: 05KY001

4.1 INTRODUCTION 4.1 ROAD SAFETY

Unit Six: Driving Faster with More Risk URBAN, SUBURBAN, AND RURAL DRIVING

Designing Safety into Highway-Rail Grade Crossing Projects

4. TRAFFIC ON THE HIGHWAY RULES OF THE ROAD

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

On-Road Skills Demonstration

Glossary of Terms. ABANDONMENT The permanent cessation of rail activity on a given line of railroad.

Improving Cyclist Safety at the Dundas Street West and Sterling Road Intersection

AAA School Safety Patrol Lifesaving Nomination

California DMV Test. Mark the correct answers. 1. The intersection has a stop sign. Where should you first stop?

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, PORT ELIZABETH) Case no: 235/2011 Date heard: 30 August 2012 Date delivered: 6 September 2012

City of Edmonton Office of Traffic Safety

LIFESAVING MEDAL. AAA School Safety Patrol Deadline for Nominations: MARCH 2, Recommendation Qualifications. The Lifesaving Medal

Bicyclists and Truck Driver Visibility

IN THE HIGH COURT OF JUSTICE

City of Edmonton Office of Traffic Safety

Chapter 2 Defensive Driving

How to Drive Near Trains

Canadian Association of Chiefs of Police Association canadienne des chefs de police

Chapter 11 Highway and Rural Driving

Module 5: Navigating Roadways

Social Studies Canada and World Connections: Aspects of Citizenship and Government in Canada

FEASIBILITY REPORT ON RED LIGHT CAMERAS PLACED AT CENTRAL AVENUE AND H STREET.

The Corporation of the City of Sarnia. School Crossing Guard Warrant Policy

Proposal for amendments to Regulation No. 79 to include ACSF > 10 km/h

Traffic Calming Policy

THUNDER BAY OPP AUGUST NEWSLETTER OPP COMMUNICATIONS CENTRES INUNDATED WITH CALLS RELATED TO CANADA REVENUE AGENCY SCAM

Identify the letter of the choice that best completes the statement or answers the question.

Review of Considerations and Requirements for Automated Enforcement

c. continue onto the expressway and use the next exit ramp.

Transportation and Public Works Annual Motor Vehicle Collision Report

MEMORANDUM. Background

PROCEDURE Cycle Patrol. Number: A 0604 Date Published: 15 December 2015

COLLISION STATISTICS May Engineering Services Box 5008, th Avenue Red Deer, AB T4N 3T4

5. The speed camera site outside the Parkwood Rest Home opposite Linwood College is a valuable deterrent. The speed camera site should be retained.

JEVCO INSURANCE COMPANY. - and - TD INSURANCE COMPANY DECISION

City of Prince Albert Statement of POLICY and PROCEDURE. Department: Public Works Policy No. 66. Section: Transportation Issued: July 14, 2014

J-Turn An Intersection Safety Improvement Purdue Road School 2016 Tuesday, March 8, 2016 Brian Malone, INDOT & Josh Cook, HNTB

Pedestrian Crosswalk Audit

Traffic Management Guidelines for Structure Rehabilitation Projects

INTEROFFICE MEMORANDUM

RAILWAY SAFETY. Please click on any of the links below to go directly to your specified topic within this document.

Parental Responsibilities

TRAFFIC ACCIDENT STUDY GUIDE 2003

Home Link Assignment # 1 - SIGNS

Focused Topic: What To Do At a Crossing

Mission: The mission of FARS is to make vehicle crash information accessible and useful so that traffic safety can be improved

Why do you think the chances of a collision are greater at an intersection than at any other point on the roadway?

Traffic Control Signals Review 4325 McCowan Road

CITY CLERK. (City Council on October 2, 3 and 4, 2001, adopted this Clause, without amendment.)

Focused Topic: Railroad Crossing Safety Signs

Process for managing parking on verges, footways and footpaths

FOREST SERVICE HANDBOOK NATIONAL HEADQUARTERS (WO) WASHINGTON, DC

Identify the letter of the choice that best completes the statement or answers the question.

TECHNICAL NOTE TRIAL OF VEHICLE ACTIVATED ELECTRONIC SIGNS FOR IMPROVED DRIVER AWARENESS AT KNOWN CRASH SITES IN TASMAN AND MARLBOROUGH DISTRICTS

Appendix B Transportation Report

Overview. Updated pictures of the intersection are shown in Exhibits 1 thru 4, and the aerial photo provided by Google Maps is shown in Exhibit 5.

ADJUSTING TO, FOLLOWING, AND MEETING URBAN TRAFFIC

ROAD TRAFFIC CODE PENALTIES NOTE; Not all penalty provisions are recorded here. If not listed please refer to RTC.

Traffic Safety Plan Traffic Safety Plan 2015

HCM Sixth Edition. Plus More. Rahim (Ray) Benekohal University of Illinois at Urban Champaign,

SPEAKING OUTLINE School Bus Drivers In-service LESSON: Safe Student Loading and Unloading Slide 1 I. Introduction school bus is the safest

GUIDELINES FOR EMERGENCY TRAFFIC CONTROL

PUNECE Level Crossing Expert Group Enforcement Sub-group

HOW TO BECOME A COURIER

Gwinnett County Department of Transportation SR 324 / Gravel Springs Road at I-85 / SR 403 Interchange Project Number F , PI No.

Identify the letter of the choice that best completes the statement or answers the question.

PLACEMENT OF SIGNS RECOMMENDED PRACTICES SUB-SECTION

Downey Road. Transportation Improvement Study

People killed and injured per million hours spent travelling, Motorcyclist Cyclist Driver Car / van passenger

REQUEST RESPONSE ADDITIONAL INFORMATION. Please see the attached Risk Assessment document which is attached under this response table.

QUEEN ELIZABETH WAY / MARTINDALE ROAD BRIDGE DEMOLITION DETOUR ANALYSIS

Safety and Active Transport. Dr. Maureen Carew, Medical Officer of Health Renfrew County and District Health Unit May 30, 2014

Beginning School Bus Driver Curriculum UNIT IX. FIELD TRIPS and TRAFFIC CONTROL DEVICES. Revised 09/2011 Revised 10/2013 (Instructional Content)

Fatal School Bus Collision North of London Ontario

ROAD SAFETY IN COUNTRIES WITH LESS DEVELOPED INFRASTRUCTURES: Policies to maximize effect with minimum resources

MODULE 1 ROAD SAFETY QUIZ - KEYS4LIFE ONLINE

Highway 1 Kamloops to Alberta Four-Laning Program

SECTION TRAFFIC REGULATIONS

Scientific Analysis of Road Traffic Accidents. Requirements and Training Needs. Saving Lives through Accident Research

Transcription:

IN THE MATTER OF A FATAL MOTOR VEHICLE COLLISION AT NANAIMO, B.C. FOLLOWING AN ATTEMPT BY A MEMBER OF THE RCMP TO STOP ONE OF THE INVOLVED MOTOR VEHICLES ON JANUARY 14, 2019 DECISION OF THE CHIEF CIVILIAN DIRECTOR OF THE INDEPENDENT INVESTIGATIONS OFFICE Chief Civilian Director: Legal Counsel: 110 File Number: Date of Release: Ronald J. MacDonald, Q.C. Martin F. Allen 2019-007 February 5, 2019

Facts In the early morning hours of January 14, 2019, in Nanaimo, B.C., an RCMP member attempted to stop a suspect pick-up truck driven by one of two Affected Persons in this case (AP1 ). The pick-up failed to stop and sped away, driving at high speed on the wrong side of the Island Highway. The officer turned off the police vehicle's emergency lights and maintained a moderate speed. She followed the pick-up, a significant and increasing distance behind it, on the correct side of the highway, and a short time later came upon a collision in which the pick-up had collided head-on with another vehicle, driven by a second Affected Person (AP2). Both drivers were found deceased at the scene. The lndependent Investigations Office (110) was notified by the RCMP shortly after the incident. The 110 commenced an investigation as both of the APs were deceased. In the course of this investigation, 110 investigators gathered and analyzed evidence including: 1) Interviews with one Witness Officer (WO) and six Civilian Witnesses (CW); 2) Police reports, computer aided dispatch records and police communications transcripts; 3) Mobile data terminal (MDT) GPS time, position and speed data from the Subject Officer's (SO) police vehicle; 4) Data from the Event Data Recorder (EDR) in AP1 's vehicle; 5) Closed circuit television (CCTV) video from several relevant locations; 6) Forensic scene examination and photographs; 7) Vehicle mechanical inspections; and 8) Environmental data for the relevant time period. Pursuant to the Memorandum of Understanding between the 110 and B.C. police agencies, and consistent with the Charter of Rights and Freedoms, a subject officer in an 110 investigation is not required to submit to interview or provide investigators with his or her notes or reports about the incident. In this case, the Subject Officer (SO) declined to be interviewed or to provide any written notes or reports. Analysis of the evidence reveals a sequence of relevant events as follows: At approximately 12:40 a.m. on January 14, 2019, in a lightly populated residential area of Nanaimo, SO saw a vehicle that aroused her suspicions and followed it as it drove towards the Island Highway, about two kilometres away. At a distance of a little over a kilometre from the highway, she decided to pull the suspect vehicle over, and activated her emergency lights. The vehicle, a large GMC Sierra pick-up truck driven by AP1, increased its speed and drove away in the direction of the Highway. A few seconds later, video from commercial premises beside the road about 450 metres from the Highway shows the pick-up passing with SO's police vehicle four seconds behind, emergency lights flashing. llpage

Very shortly afterwards, SO saw AP 1 's vehicle-now eleven seconds ahead of herreach the Highway and turn southbound. She switched off her emergency lights and radioed that the pick-up was "trying to take off' and that she was going to "let him go. " The pick-up truck had turned onto a divided highway with multiple lanes in each direction separated by a concrete barrier. He was now speeding southwards in the northbound lanes. It was dark, and there was a moderate mist, somewhat reducing visibility. SO also turned southward, but in the southbound lanes, and with her emergency lights deactivated. According to electronic data from SO vehicle's MDT, at no point did her speed on the Highway exceed the posted speed limit of 90 km/h. The pick-up driven by AP1 pulled away from her, to the point where she could 'Yust see his tail lights", and she then lost sight of him as he sped up a long curve in the direction of an interchange where Highway 19 turns off towards Duke Point. She alerted Dispatch and other police units to the developing situation. As he accelerated southward, about a kilometre from where he had entered the Highway, AP1 narrowly missed a head-on collision with a northbound civilian vehicle, the driver of which, CW1, told the 110 that he had to swerve between lanes to avoid the collision. CW1 heard the engine of the pick-up "revving up" as it passed. CW1 's passenger, CW2, estimated that AP1 was travelling at "over 100." CW1 drove on towards Nanaimo, and approximately half a kilometre later, close to the intersection between the Highway and Cedar Road, saw SO in her police vehicle, driving south in the southbound lanes at a normal speed and with no emergency lights illuminated. A matter of seconds after his near-miss with the car driven by CW1, AP1 drove head-on into another northbound vehicle, a compact SUV driven by AP2. On the evidence, AP2 had been driving normally and in the correct lane. The collision occurred close to the northern end of the merge lane for traffic entering the Highway from the Duke Point road, approximately one kilometre south of the Cedar Road intersection. Both vehicles were very severely damaged in the collision, and the pick-up truck burst into flames. SO, as well as other police officers and civilians, arrived and attempted to control the fire with equipment from their vehicles, but the fire was not extinguished until fire fighters arrived. Both AP1 and AP2 were deceased at the scene. Data from the recorder in AP1 's truck showed that in the few seconds before the impact, he had been driving at full throttle and a speed of over 170 km/h. Relevant Legal Issues and Conclusion The purpose of any 110 investigation is to determine whether an officer, through action or inaction, may have committed any offence in the course of the incident that led to the fatal collision. Consideration must be given to whether SO may have committed an offence by initiating or continuing an unjustified pursuit with the potential to endanger uninvolved members of the public. 21 Page

An analysis of evidence such as GPS data, video footage and radio transmissions indicates that SO's attempt to stop AP1 by use of her emergency lights lasted only about fifteen seconds. Even during that time, she did not actively pursue him by matching his increasing speed. Seeing a police vehicle behind him-and seeing its emergency lights switched on-may well have triggered AP1 's flight, but SO cannot be blamed for that if the attempted traffic stop was authorized by law. That authorization is found in section 73 of the B.C. Motor Vehicle Act, which empowers peace officers, at any time, to require the driver of a motor vehicle to stop and identify him or herself. A similar statutory power is found in provincial motor vehicle legislation across Canada, and has been upheld by the Supreme Court of Canada as a reasonable limit on the right of citizens to be free from arbitrary detention. As SO has not given an account to investigators, it is not possible for the 110 to provide the public with any detail about her specific justification, but her statutory authority to act as she did is so broad that it would not be reasonable to challenge it in this case without any evidence of improper motivation. When AP1 failed to stop as required by law, SO was bound by B.C.'s Emergency Vehicle Driving Regulation, which sets out strict limits on the circumstances in which an officer may engage in or continue a pursuit. The circumstances here did not meet that regulatory threshold, so SO quite correctly chose not to pursue AP1, but instead "let him go." While AP1 drove south at speeds of up to 179 km/h, SO stayed within the speed limit and followed at a safe distance, communicating with other units. It is clear from the totality of the evidence, and in particular the observations of CW1 and CW2, that at the time of the collision she was more than a kilometre from the scene. While there was sufficient connection between the actions of SO on the night in question and the tragic loss of life that ensued to give the 110 jurisdiction to investigate, it cannot be said that any improper or illegal act on her part was the cause of that tragedy. Indeed, given the actions of AP1 SO acted entirely appropriately to discontinue any attempt to stop the vehicle. ;:Ji this Accordingly, as the Chief Civilian Director of the 110, I do not consider that there is sufficient evidence that any officer may have committed an offence that would support matt~ own counsel for consideration of ch::::uary S, Martin F. Allen Legal Counsel ~~ Chief Civilian Director 2019 Date of Release February 5, 2019 Date of Release 3I Page