Court rejects OPP finding of no ‘serious’ officer misconduct after pedestrian killed

An Ontario Provincial Police finding that there was no “serious” officer misconduct after a police car struck and killed a pedestrian has been rejected in court.

The Ontario Superior Court of Justice ruled this week that the decision was “unreasonable” and the OPP failed to justify why it did not consider the conduct serious.

A police vehicle struck and killed a man in September 2020 near Midland, Ont., and his spouse filed a complaint with the Office of the Independent Police Review Director over the conduct of the driver and another officer who attended the scene.

The review body determined that both engaged in discreditable conduct, which required the OPP commissioner to hold a hearing to determine possible disciplinary action unless the misconduct was deemed “not of a serious nature.”

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The OPP decided against a hearing, and the spouse of the man killed filed an application for judicial review over the decision.

The Canadian Civil Liberties Association, which intervened in the case, says the court ruling to require a fresh decision is a step forward for meaningful police accountability.