This week in The Leader – February 12, 2020

Press Release – October 4, 2011

The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge an officer of the Ontario Provincial Police (OPP) with a criminal offence in regards to the death of 52-year-old Judith Fleury in a collision in Morrisburg in July of this year.

The SIU assigned four SIU investigators and two SIU forensic investigators (FI) to probe this incident. SIU FI investigators videotaped and photographed the scene and forensically mapped the collision site and the surrounding environment. 

The Crash Retrieval modules from both vehicles were also collected and examined. 

Pertinent information was also requested and received from the OPP. One officer was designated as a subject officer and six officers were designated as witness officers. The SIU also located and interviewed six civilian witnesses.

The SIU investigation determined that in the early hours of July 31, 2011, the subject officer was driving alone westbound on Hwy 401 in a marked black OPP Suburban SUV canine vehicle with a police dog in the back. The SUV was equipped with emergency lights in its grill as well as a siren. The officer was responding to a call to assist other OPP units regarding a suspect apprehension pursuit of an alleged impaired driver who was traveling northbound on County Road 31 just north of the town of Morrisburg. 

The officer activated his emergency equipment, turned onto County Road 31 and began accelerating. County Road 31 has a posted speed of 80 km/h. Ahead of him were two other OPP vehicles with their emergency equipment activated and involved in a suspect apprehension pursuit.

Ms. Fleury was driving a white Chevrolet Equinox van northbound on County Road 31. She had three passengers in the back seat of her vehicle that she had agreed to pick up from a social event being held on the shores of the St. Lawrence River in Morrisburg. 

She saw the first two OPP vehicles involved in the pursuit and pulled her van over to the side of the road to let them pass. She then continued in a northerly direction on County Road 31. 

The subject officer saw Ms. Fleury’s vehicle in the distance and moved over to the southbound lane in an attempt to pass it. 

It appears that Ms. Fleury decided to make a left turn across County Road 31. According to the accident reconstruction report, at a speed of approximately 17 km/h, she turned directly in front of the Suburban driven by the subject officer at the driveway of 5120 County Road 31. 

The front of the Suburban collided with the two left side doors of the Equinox with one second of pre-collision braking on the southbound side of the road. Just before braking the speed of the Suburban was in excess of the posted speed limit. 

Both vehicles were pushed approximately 105 metres northbound into the west ditch of the county road. The right front corner of the Equinox struck a pole and came to rest immediately to the west of that pole.

The collision caused the death of the Ms. Fleury, and significant injuries to the two male passengers, while the third, a female passenger suffered minor injuries. As well, the subject officer sustained minor head injuries.

Director Scott concluded that, “While the subject officer was driving significantly over the speed limit seconds before the collision, pursuant to s. 128(13)(a) of the Highway Traffic Act, compliance with the speed limits does not apply to police officers in the lawful performance of their duties. 

Here, the subject officer’s assistance in a suspect apprehension pursuit was a lawful execution of his duties and accordingly his speed alone cannot be considered to be unlawful. 

Further, by all accounts, he had his emergency equipment activated. He could have reasonably concluded that Ms. Fleury would have seen the emergency lights and would not turn into the southbound lane. 

Unfortunately, she turned directly into his path and the collision caused her death and significant injuries to two of her three passengers. 

While this incident is a great tragedy, I have no grounds to believe the subject officer committed a criminal offence because he was in the lawful execution of his duties as he was attempting to pass Ms. Fleury’s vehicle.

[…]

 

The tenders for the rehabilitation of the Morrisburg Collegiate Institute building left municipal officials with  sticker shock when the bids came in about a million dollars higher than they had expected, so much so that have not yet decided how they will proceed with the project.

Since the bids to convert the historic building into a new clinic and administrative facility were opened about a month ago, municipal staff, project managers and the design team have undertaken much analysis and research to prepare a report for council which was presented at the Aug. 14 meeting.

Municipal officials had expected to see bids in the range of $3 million, but instead the prices submitted by the pre-qualified contractors were in the $4 million range, with the lowest coming it at almost $3.9 million.

“It became apparent, as the project evolved, that it was a very complex project – maintaining the heritage aspects of the building while upgrading it to current standards,” reported Stephen McDonald, South Dundas chief administrative officer. “And, it can be assumed that the complexity of the project is reflected in the prices.”

The renovation project will consist of removing everything but the shell and will cost about $150 per square foot. The 20 year borrowing costs to finance the large scale project are equivalent to a tax increase of 2 to 3.5 percent, depending on the success of South Dundas’ Community Infrastructure Improvement Fund application. 

“The township has applied for $1 million funding under the CIIF,” reported McDonald. “This program is for existing infrastructure only and a new building would not be eligible to receive funding.”

According to the report presented to council the financial cost to construct a new building will be at least $6 million, not to mention the cost of lost time in getting such a project underway. 

South Dundas mayor Steven Byvelds asked council to state their preferred direction for staff offering up the options of; doing nothing, going with the project as presented, starting over with a new building or deferring the decision until September to allow them time to gauge the public’s reaction. 

“I don’t think doing nothing is a good option,” said the mayor.

Only South Dundas councillor Jim Graham was willing to make a decision to get the project moving. 

“Everybody was surprised by the cost, that’s for sure,” he said. “But if we don’t go ahead there’s a ripple effect to a lot of other plans. I think the time has come that we have to present an image that we are open for business. I am ready to support this, as is.”

“Going to the public, we won’t get a consensus,” said Graham. “This is a decision we, as a council will have to make. That’s what we’re here for.”

“We obviously can’t afford a new building, so it’s the old building or nothing. I definitely don’t think doing nothing is an option,” said Graham.

Every member of council agreed that doing nothing is not an option. 

South Dundas councillor Evonne Delegarde is supporting starting over and pursuing a new building. “With the rehabilitation, we’ll still have an old building,” she said. “It’s hard to believe it will cost that much more to build a new building.”

CAO McDonald pointed out that a similar new building project now taking place in Winchester shows that  the numbers presented in the report are accurate and valid.

Delegarde also suggested going back to the doctors of the St. Lawrence Medical Clinic to contribute more money to the project, now that the actual costs have come in higher than anticipated.

“It is a tough decision,” said South Dundas deputy mayor Jim Locke, who was not yet willing to make a final decision. However he did say, “If we do nothing with that building, I feel it will have to come down. We can’t leave it sit there with snow fence around it.”

South Dundas councillor Archie Mellan, like Locke, was not willing to make a decision. “I’m not prepared tonight to say one way or another,” he said, later adding that he will be prepared to make a decision at the next council meeting. “I’ll tell you then, which side of the fence I’m jumping to.”

Mayor Byvelds said, “My leaning is to go ahead and bring this project to fruition.” However, he was willing to respect his fellow councillors who have not yet decided and support deferral until the next meeting.

“We’ll let this settle out within the public sphere,” he said. “As a council, it’s our responsibility to listen. Listen well, but filter through it,” he told council. 

The decision will be made at the September 4 council meeting.

[…]

“Tell the story the way it is. Don’t make me a hero. Tell what I did and what was done to me. Then let the audience make its own decision.” – Roger “Mad Dog” Caron. […]