Two Halton police officers will not face charges in a triple fatal crash near Toronto, despite twice failing to conduct roadside tests on the drunk driver who caused it, Ontario’s police watchdog has ruled.
In a report released on Wednesday, Special Investigations Unit (SIU) Director Joseph Martino said the officers’ conduct — failing to administer a breathalyzer test to the 18-year-old driver during two traffic stops — did not meet the legal threshold for criminal charges.
Still, Martino said he has asked the Halton Regional Police Chief to conduct a review of the officers’ “possible misconduct” and why it took the police service four months to report the incident to the SIU. He said he would also alert the Law Enforcement Complaints Agency, which handles public complaints about police conduct in Ontario.
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The SIU’s findings come nearly two years after the crash that killed 18-year-old Jaydon Burger, the driver of a black Infiniti, his 16-year-old girlfriend Emma Amminson, and the driver of the second vehicle, 26-year-old Mousawar Ahmed. The decision does not identify the victims by name, but the Star has previously confirmed their identities.
The SIU report reveals new details about the events leading up to the crash on March 30, 2024 — including that Burger’s alcohol concentration level was nearly three times the legal limit when police first stopped him.
The investigation focused on the actions of two subject officers who pulled Burger over during separate traffic stops. Neither agreed to give interviews or hand over copies of their notes, as is their legal right.
The first stop: A 911 call at a McDonald’s
The first encounter happened just after 1:30 a.m. at a Milton McDonald’s. A 911 caller had reported a “fully incapacitated” man in a black Infiniti who was vomiting and wobbling near his car.
When the lead officer arrived, she spoke to Burger, and his girlfriend, Amminson, at length. Despite the 911 call, she did not smell alcohol or observe other signs of impairment, according to the SIU.
While the call described Burger as vomiting, the report said the officer had evidence to suggest he was simply spitting after vaping and “acting silly.”
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The officer “might have considered” having Burger blow into a breathalyzer device she had in her cruiser, the director said, but ultimately concluded that her decision not to use one was a “misstep” rather than a criminal failure of care.
After the stop, Burger and Amminson drove to a nearby sports complex, where Martino said he may have consumed more alcohol.
The second stop: A swerving car
Around 2:20 a.m., another officer and his partner stopped Burger’s car on Derry Road. The teen was swerving between lanes and touched the median curb.
While the officer did not smell alcohol, he was aware of the earlier incident at McDonald’s; he called the first officer who dealt with Burger to ask if she’d detected any signs of impairment.
At one point, the officer asked Burger directly if he “had anything to drink tonight,” and then immediately followed up with, “Where you heading to right now?”
“Brampton,” Burger replied. The SIU report notes the officer did not give the teen time to answer whether he had consumed alcohol.
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When the officer asked his girlfriend, Amminson, about the erratic driving, she said Burger was jokingly trying to scare her.
The officer then gave Burger a choice: park the car at a nearby plaza or accept a ticket for careless driving.
Burger opted for the ticket.
The first officer from the McDonald’s eventually arrived at the scene, spoke with her colleague, and looked inside the Infiniti briefly before Burger was issued the ticket and allowed to drive off.
The crash
At 3:20 a.m., Burger was heading eastbound on Derry Road when he slammed into the back of a car stopped at a red light at Sixth Line.
Multiple 911 callers reported the vehicles were on fire; all three occupants died at the scene.
The report notes Burger was driving between 140 and 154 km/h before the crash. The posted speed limit on Derry Road was 70 km/hr.
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Forensics analysis later revealed his blood alcohol concentration was around 225 milligrams in 100 millilitres — nearly three times the legal limit.
In his decision, Martino acknowledged several shortcomings by the officers, including that the officer involved in the second stop “probably should have concluded” there was a lawful basis to screen Burger.
Still, Martino said the test to prove criminal negligence is high; the officers’ conduct must show deliberate or reckless disregard for the safety of others, he wrote.
“Mere errors of judgment or mistakes are insufficient to make out liability.”
