Ontario’s police watchdog, the Special Investigations Unit (SIU), has concluded its investigation into the deaths of three people in a 2024 Milton collision. While SIU Director Joseph Martino found that two Halton Regional Police Service (HRPS) officers will not face criminal charges, he cited evidence of “possible misconduct” in their failure to administer breathalyzer tests during two separate encounters with the driver just hours before the tragedy.
A Night of Missed Warnings
The SIU report details a sequence of events on March 30, 2024, that began with a 911 call from a concerned citizen at a McDonald’s drive-thru:
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1:30 a.m. (First Stop): A witness reported a “fully drunk” driver in a black Infiniti who was wobbling and vomiting. An officer (Subject Officer #1) interacted with the 18-year-old driver, Jaydon Burger, for several minutes but did not smell alcohol or use a sobriety test. Burger was allowed to leave.
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2:23 a.m. (Second Stop): Less than an hour later, two other officers stopped Burger after witnessing him weaving between lanes. Despite being aware of the earlier McDonald’s call, the second subject officer (Subject Officer #2) accepted a passenger’s excuse that the erratic driving was “a joke.”
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The Result: Burger was issued a ticket for careless driving and allowed to drive away again. No breathalyzer was used.
The Fatal Impact
At 3:20 a.m., approximately 30 minutes after the second release, Burger’s Infiniti slammed into the rear of a Honda at an estimated 140 to 154 km/h.
The collision killed Jaydon Burger, his 16-year-old passenger Emma Amminson, and the driver of the Honda, 26-year-old Mousawar Ahmed. Toxicology reports later confirmed Burger’s blood-alcohol level was three times the legal limit.
Why No Criminal Charges?
Director Joseph Martino explained that while the officers’ judgment was flawed, it did not meet the high legal threshold for criminal negligence causing death.
“The impugned conduct must reflect a wanton or reckless disregard for the lives or safety of other persons. Mere errors of judgment or mistakes are insufficient to make out liability.” — Joseph Martino, SIU Director.
The Aftermath: Accountability Moves to Local Police
Although cleared of criminal wrongdoing, the officers are not yet free from consequences:
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Code of Conduct Referral: The SIU has referred the matter to the Halton Police Chief for an internal review of “possible misconduct” regarding police codes.
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LECA Oversight: The matter has also been referred to the Law Enforcement Complaints Agency (LECA) for a public complaint review.
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Family Reaction: The father of the 16-year-old victim told reporters on February 10 that he remains “disappointed and confused” by the lack of criminal accountability.
Conclusion: A Catalyst for Policy Reform
This ruling is expected to serve as a tipping point for Ontario’s mandatory breathalyzer policies. Advocacy groups are already using this report to call for strict protocols that remove officer discretion in cases where a 911 caller reports a “fully incapacitated” driver.
