Judges quash OPP’s decision that officer misconduct in fatal crash was 'not serious'

A panel of Ontario judges has thrown out a decision by the Ontario Provincial Police that an officer’s misconduct behind the wheel that killed a pedestrian in 2020 was not serious, saying the force must reconsider, and at least explain its decision to his grieving widow.

A panel of Ontario judges has thrown out a decision by the Ontario Provincial Police that an officer’s misconduct behind the wheel that killed a pedestrian in 2020 was not serious, saying the force must reconsider, and at least explain its decision to his grieving widow.

The decision could introduce new standards of transparency in cases of Ontario police misconduct, after a CTV News investigation found the OPP had written multiple letters with identical paragraphs that did not explain to complainants why it had found misconduct “not serious.”

In this case, Courtney D’Arthenay, who was seeking answers in her husband Tyler Dorzyk’s death, got a boilerplate letter. Instead, the OPP should have given reasons, the panel of judges wrote.

“A complainant has a legitimate expectation of receiving reasons justifying why conduct is not “of a serious nature” when the officer’s conduct caused a civilian death,” wrote the panel, which consisted of Justices Fitzpatrick, O’Brien, and Cullin.

“It will not be readily apparently to many members of the public how police misconduct causing death is not considered serious. At a minimum, there is a legitimate expectation in having this explained,” the panel wrote.

D’Arthenay said in an interview she believes her husband would be proud.

“He’d be pleased that he has this legacy and it will help people going through this,” she said. “We both believe in standing up for what’s right.”