shockedcanadian
Diamond Member
- Aug 6, 2012
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Coffee run by cop ends in death of a Canadian citizen. Valid or not?
A tragic story, almost as tragic is the response OIPRD have zero accountability as an arm of "oversight". CSIS must be aware of this already as are the CIA and FBI thanks to some Canadians who reach out to them with specific details I'm sure.
What do you all think of such a case? Police should be responsible for wrongful death and pay a fee in civil courts. Once someone is speeding, this changes everything in the eyes of the law.
www.thestar.com
Courtney D’Arthenay found happiness in her 30s with Tyler Dorzyk, a boat builder known for his gentle nature and streak of ingenuity — he’d gutted and customized a 1976 Chevy van for the couple’s travels to festivals and camping trips throughout Ontario.
“He would save anything and everything for repurposing,” she recalled.
“He was my calm, my rock. A deep hug from him, and I would instantly feel at peace.”
She was devastated when, just after midnight on Sept. 29, 2020, an on-duty Ontario Provincial Police officer on a coffee run struck and killed the 35-year-old as he crossed Highway 12 near Midland, Ont.
It was a tragic accident, D’Arthenay accepts, her sorrow as profound as it was nearly four years ago.
What she doesn’t accept is what the OPP told her in a letter, dated April 19, 2023.
It told her that while an investigation by the Office of the Independent Police Review (OIPRD) had determined there were reasonable grounds to believe that two officers — Const. Jaimee McBain, who was speeding when her marked cruiser hit Dorzyk; and Sgt. Amy Thompson, who made inappropriate comments blaming the victim — did commit misconduct that evening, the OPP had determined “the misconduct was not of a serious nature.”
“This matter can be addressed informally without holding a hearing,” the letter continued, including a generic list of factors that may be considered in decisions of this nature.
“It felt so disrespectful and not transparent,” says D’Arthenay, sent by “folks we trust and pay taxes to protect and serve us.”
According to GPS data, her vehicle was travelling in excess of 90 km/h in an 80 km/h zone but slowed without braking to the mid-70 km/h range when it entered the 60 km/h zone and approached the intersection.
Thompson joined McBain at the scene, and told Dorzyk’s companion: “Look how you’re dressed, it’s pouring rain, you’re wearing a black garbage bag, where were you coming from?” He responded, “She wasn’t even looking,” referring to McBain, who replied, “Because I was looking at you.”
The SIU report concluded that since McBain was not responding to any call for service, there was “simply no need to drive as quickly as she was.”
Her failure to slow her speed, “compromised her ability to react to events in front of her,” SIU Director Joseph Martino continued, noting that, however, it was also unlikely McBain would be expecting to see a pedestrian, wearing a dark garbage bag, walking in her path.
While there were reasonable grounds to believe McBain, particularly with respect to speed in bad weather and lighting conditions, operated her cruiser in a dangerous fashion, there wasn’t sufficient reason to lay criminal charges against her, although, Martino wrote, the case was “close to the line.”
Lawyers representing the Canadian Civil Liberties Association, which has been granted intervenor status at the proceeding, will also be present in Oshawa. When police misconduct is alleged, and the OPP finds it “not of a serious nature,” the Commissioner should be required to provide “informative reasons” to members of the public, the CCLA argues in a factum filed with the court.
“Meaningful reasons in response to public complaints against police officers are critical to demonstrate to the public that such allegations are taken seriously and dealt with fairly. Reasons provide a way to allow the public to assess whether justice has been done.”
The OPP will argue this would create an “onerous obligation,” and that the CCLA is advocating that the Commissioner “meet a standard of perfection.”
Lawyers for the provincial force are asking that D’Arthenay’s application for judicial review be dismissed without costs.
A tragic story, almost as tragic is the response OIPRD have zero accountability as an arm of "oversight". CSIS must be aware of this already as are the CIA and FBI thanks to some Canadians who reach out to them with specific details I'm sure.
What do you all think of such a case? Police should be responsible for wrongful death and pay a fee in civil courts. Once someone is speeding, this changes everything in the eyes of the law.
‘He was my calm, my rock’: An Ontario cop on a coffee run fatally hit this woman’s partner. The OPP refused to hold a hearing
The officer’s misconduct was, the OPP told Courtney D’Arthenay in a form letter, “not of a serious nature.” On Tuesday, she’ll ask an Oshawa judge to overturn the decision.
www.thestar.com
Courtney D’Arthenay found happiness in her 30s with Tyler Dorzyk, a boat builder known for his gentle nature and streak of ingenuity — he’d gutted and customized a 1976 Chevy van for the couple’s travels to festivals and camping trips throughout Ontario.
“He would save anything and everything for repurposing,” she recalled.
“He was my calm, my rock. A deep hug from him, and I would instantly feel at peace.”
She was devastated when, just after midnight on Sept. 29, 2020, an on-duty Ontario Provincial Police officer on a coffee run struck and killed the 35-year-old as he crossed Highway 12 near Midland, Ont.
It was a tragic accident, D’Arthenay accepts, her sorrow as profound as it was nearly four years ago.
What she doesn’t accept is what the OPP told her in a letter, dated April 19, 2023.
It told her that while an investigation by the Office of the Independent Police Review (OIPRD) had determined there were reasonable grounds to believe that two officers — Const. Jaimee McBain, who was speeding when her marked cruiser hit Dorzyk; and Sgt. Amy Thompson, who made inappropriate comments blaming the victim — did commit misconduct that evening, the OPP had determined “the misconduct was not of a serious nature.”
“This matter can be addressed informally without holding a hearing,” the letter continued, including a generic list of factors that may be considered in decisions of this nature.
“It felt so disrespectful and not transparent,” says D’Arthenay, sent by “folks we trust and pay taxes to protect and serve us.”
According to GPS data, her vehicle was travelling in excess of 90 km/h in an 80 km/h zone but slowed without braking to the mid-70 km/h range when it entered the 60 km/h zone and approached the intersection.
Thompson joined McBain at the scene, and told Dorzyk’s companion: “Look how you’re dressed, it’s pouring rain, you’re wearing a black garbage bag, where were you coming from?” He responded, “She wasn’t even looking,” referring to McBain, who replied, “Because I was looking at you.”
The SIU report concluded that since McBain was not responding to any call for service, there was “simply no need to drive as quickly as she was.”
Her failure to slow her speed, “compromised her ability to react to events in front of her,” SIU Director Joseph Martino continued, noting that, however, it was also unlikely McBain would be expecting to see a pedestrian, wearing a dark garbage bag, walking in her path.
While there were reasonable grounds to believe McBain, particularly with respect to speed in bad weather and lighting conditions, operated her cruiser in a dangerous fashion, there wasn’t sufficient reason to lay criminal charges against her, although, Martino wrote, the case was “close to the line.”
Lawyers representing the Canadian Civil Liberties Association, which has been granted intervenor status at the proceeding, will also be present in Oshawa. When police misconduct is alleged, and the OPP finds it “not of a serious nature,” the Commissioner should be required to provide “informative reasons” to members of the public, the CCLA argues in a factum filed with the court.
“Meaningful reasons in response to public complaints against police officers are critical to demonstrate to the public that such allegations are taken seriously and dealt with fairly. Reasons provide a way to allow the public to assess whether justice has been done.”
The OPP will argue this would create an “onerous obligation,” and that the CCLA is advocating that the Commissioner “meet a standard of perfection.”
Lawyers for the provincial force are asking that D’Arthenay’s application for judicial review be dismissed without costs.
