Submitted by Anonymous on 12 June, 2008 - 15:58

David Juliusson, Bike Union Ward Captain for Ward 6, has been in contact with the office of Toronto Police Chief William Blair to learn more about the investigation into the tragic death of a Toronto resident who was knocked into traffic when a driver opened her car door.

In response to questions from Juliusson, the Executive Officer to Chief William Blair, Inspector Stu Eley, wrote that the reports stating that police would not consider charging the driver with the Highway Traffic Act offense of Open Vehicle Door Improperly were incorrect.

"[Sgt. Burrows] words, as reported, were taken out of context," wrote Inspector Eley. "In fact, he was responding to a reporter who asked him if the driver of the parked car would be charged with the criminal offense of Criminal Negligence Causing Death."

Eley added the investigation remains open and charges may yet be laid.

Here is Inspector Eley's entire response to David Juliusson:

Dear Mr. Juliusson,

I am writing in response to your e-mail correspondence of June 10, 2008 concerning the death of a cyclist on Eglinton Avenue on May 22, 2008.

In your correspondence you express concern with the reported comments of Sgt. Tim Burrows that seem to imply that the driver of the parked car was not negligent and did not bear any responsibility for what ultimately happened to the cyclist. The Toronto Police Service has received several letters similar to yours expressing unhappiness with what Sgt. Burrows was quoted as saying.

In order to properly respond to the concerns of the earlier letter writers I spoke with Sgt. Burrows to determine if he was quoted correctly or if his words, as reported, were taken out of context. In fact, he was responding to a reporter who asked him if the driver of the parked car would be charged with the criminal offence of Criminal Negligence Causing Death. This is an entirely different and more serious charge than the Highway Traffic Act offence of Open Vehicle Door Improperly (HTA  s. 165), which the other letter writers thought he was referring to.

Please be assured that the Toronto Police Service takes the safety of all road users, cyclists, motorists and pedestrians alike, very seriously. By way of example, the Service is launching a safe cycling campaign starting June 16 which will consist of enforcement and awareness initiatives designed to reduce the incidence of cycling accidents and injuries.

Finally, the accident of May 22 which took the life of the cyclist is still being actively investigated and the public will be notified if and when charges are laid.

Thank you for taking the time to write and share your concerns with us.

Sincerely,

Inspector Stu Eley
Executive Officer to Chief William Blair