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Home » Whitby » ‘Within their rights’: Why Ontario officers can dodge police watchdog in investigations
Whitby

‘Within their rights’: Why Ontario officers can dodge police watchdog in investigations

November 9, 20244 Mins Read
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Ontario’s police watchdog offered an replace Wednesday on its investigation right into a deadly wrong-way pursuit on Freeway 401, noting that the 2 officers below investigation haven’t agreed to be interviewed.

The Particular Investigations Unit (SIU) mentioned it has designated two topic officers within the case concerning the April 29 crash in Whitby that killed 4, together with an toddler and their grandparents.

Neither officer has agreed to be interviewed or submit their notes, the watchdog mentioned.

Nineteen witness officers had been designated and interviews with them are ongoing, the SIU mentioned.

Ontario Chronicle crime analyst and former Toronto police officer Hank Idsinga mentioned the choice of the topic officers to not consent to an interview with the SIU “isn’t unusual, especially in a very, very serious incident like this.”

Story continues under commercial

“They’re all within their rights,” Idsinga mentioned.

“Nobody has to speak to an investigator in this country if they don’t want to speak to an investigator.”

Click to play video: '‘Someone’s going to get hurt’: Police recordings offer new insight into wrong-way chase on Ontario’s Highway 401'

2:18
‘Someone’s going to get damage’: Police recordings provide new perception into wrong-way chase on Ontario’s Freeway 401

Idsinga mentioned topic officers are required to finish their notes and if there’s an settlement with counsel and the SIU, then the notes may very well be turned over to the SIU, however they don’t need to consent to an interview.

In the case of the witness officers, nonetheless, Idsinga mentioned these officers need to cooperate and supply statements and their notes to the SIU.

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In an e-mail to Ontario Chronicle, the watchdog mentioned officers who’re the topic of an investigation “are invited, but not compelled to present themselves for an interview with the SIU and they do not have to submit their notes to the SIU.”

Story continues under commercial

“Once he/she becomes the focus of an investigation and therefore under criminal jeopardy, the subject official is granted the same rights as any citizen under the Charter of Rights and Freedoms to protect himself/herself from self-incrimination,” the e-mail mentioned.

There have been 36 civilian witnesses recognized and interviewed within the case.

The SIU mentioned it has greater than 100 movies as a part of its investigation, which have been obtained from in-car cameras, physique cams, civilian recordings, Ministry of Transportation footage and drone footage.

“This is pretty big. And this is pretty big for the SIU,” Idsinga mentioned of the case.

He additionally famous that the SIU usually doesn’t have as many sources as a police service would.

Seven investigators, two forensic investigators and one collision reconstructionist are trying into the incident.

Click to play video: 'Durham police to fast-track suspect pursuit training following fatal 401 crash'

2:11
Durham police to fast-track suspect pursuit coaching following deadly 401 crash

Idsinga mentioned “it’s a lot of work for those investigators.”

Story continues under commercial

He famous that it’s “very, very labour intensive” to gather all the movies within the investigation and time consuming to undergo all of it.

“That takes up an awful lot of time, on top of everything else that they have to do: lots of interviews and lots of reviewing of reports and notes and 911 calls and dispatch calls and the collision reconstruction — it’s a big investigation,” he mentioned.

By regulation, the SIU should full its investigation inside 120 days of the incident.

A 60-year-old man and a 55-year-old woman, who had been visiting from India, and their three-month-old grandson died within the crash that concerned a van being chased by police whereas going the fallacious means on Freeway 401.

The infant’s dad and mom, who reside in Ajax, Ont., survived.

Click to play video: 'Funeral held for 3-month-old baby killed in wrong-way Highway 401 crash'

2:08
Funeral held for 3-month-old child killed in wrong-way Freeway 401 crash

Earlier Video

Subsequent Video

Story continues under commercial

The SIU has mentioned Durham police had been chasing a cargo van that had been recognized as a car of curiosity in an alleged liquor retailer theft in Clarington, Ont., with the pursuit shifting to Freeway 401.

The driving force of the van, who was additionally killed within the crash, was recognized as a 21-year-old man, whereas a 38-year-old male passenger suffered severe accidents. He stays in hospital.

One other one who was critically injured — a 27-year-old woman — was launched from hospital.

The incident prompted questions in regards to the determination to pursue the van within the fallacious course on the freeway.

After the crash, police and emergency dispatchers in Durham had been instructed to take a course on pursuits inside two months.

The SIU is an unbiased company that investigates incidents involving police which have resulted in dying, severe damage or alleged sexual assault.

— With information from The Canadian Press

&copy 2024 Ontario Chronicle, a division of Corus Leisure Inc.



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