SIU clears Toronto cop after e-bike rider he was pursuing became involved in collision

E-bike seen lying on the road following a collision in Etobicoke on Oct. 11, 2023. (SIU)

The province’s police watchdog will not be charging a Toronto police officer in connection with his pursuit of a man operating an e-bike who was subsequently involved in a collision that left him with multiple fractures.

On Friday, Joseph Martino, the director of the Special Investigations Unit (SIU), released his final report on the Oct. 11, 2023 incident in Etobicoke, concluding that “there is no basis for proceeding with criminal charges against the officer.”

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Based on the evidence collected, the SIU detailed what had unfolded that afternoon, which had begun on Evans Avenue. The watchdog said the officer, referred to as the subject official (SO) in the report, was riding his marked police motorcycle when he saw an e-bike operated by a 27-year-old man not wearing a helmet, a traffic offence.

As a result, the officer followed the man, who was named the Complainant in the report.

“Aware he was being followed by the SO, the Complainant accelerated to get away. He turned from westbound Evans Avenue onto southbound Horner Avenue where he engaged in reckless driving – he jumped the west side curb, travelled at speed on the west sidewalk and adjacent grass approaching Judson Street, and veered into a left-hand turn onto Judson Street from the west sidewalk,” the SIU said.

The officer continued his pursuit with his emergency lights activated. At one point, the SIU said the officer reached a top speed of about 137 km/h to try and close the gap with the e-bike.

At the intersection of Islington Avenue and Judson Street, the e-bike rider ran a red light and was struck by a vehicle, the watchdog said. The collision resulted in the rider being tossed from his e-bike.

The officer arrived shortly at the intersection and aided the e-bike rider. The 27-year-old was taken to the hospital and diagnosed with fractures of the left leg, left ankle and spine.

The SIU director said he was unable to conclude that the officer transgressed the limits of care prescribed by the criminal law but scrutinized aspects of his conduct, including the decision to pursue the rider in the first place.

“Pursuant to TPS policy, the officer ought not to have pursued the e-bike. He was operating a motorcycle and the person he was chasing was also on a motorized bicycle – each a disqualifying factor,” Martino said.

He also criticized the officer for speeding.

“Lastly, the officer had observed enough of the Complainant’s dangerous driving to realize that his continued pursuit was not in the interests of public safety and, yet, he persisted,” Martino said.

In the end, Martino said it would not be fair to say that the officer pushed the rider into the intersection, citing that an eyewitness told SIU that the rider could have turned right on Islington Avenue instead of continuing straight ahead.

“On the aforementioned record, when the SO’s indiscretions are weighed in the balance with the extenuating considerations, I am not satisfied on reasonable grounds that his conduct departed markedly from a reasonable standard of car,” he concluded.