A tragic collision in Milton, nearly two years ago, claimed three lives and sparked a detailed investigation into the actions of Halton Regional Police. The incident, involving 18-year-old Jaydon Burger, revealed a series of missed opportunities that could have potentially prevented the devastating outcome.
The province’s police watchdog, the Special Investigations Unit (SIU), scrutinized the encounters between Burger and two officers in the hours leading up to the crash. Burger’s vehicle was stopped twice within 45 minutes, yet he was allowed to continue driving despite clear indicators of impairment. The SIU’s report, however, stopped short of laying criminal charges.
Director Joseph Martino explained the high threshold for criminal negligence, stating that “mere errors of judgment or mistakes” are insufficient for liability. While acknowledging numerous “errors of judgment,” the SIU concluded there were no reasonable grounds to believe either officer committed a criminal offense contributing to the deaths of Burger, his passenger Emma Amminson, and the driver of another vehicle, Mousawar Ahmed.
The first encounter occurred at a McDonald’s at 1:35 a.m. A witness reported Burger was unsteady on his feet and vomiting outside his vehicle, a description corroborated by security footage. The officer on scene noted Burger appeared unsteady, but did not detect the smell of alcohol and allowed him to leave after a brief conversation.
Crucially, the officer did not administer a breathalyzer test, despite having one available. The report suggests a test “would likely have registered a fail and been removed from the roadway.” This decision, while potentially a “misstep,” didn’t meet the threshold for criminal negligence, according to the SIU.
Video footage revealed further concerning behavior. As Burger paid for his order, his hand movements were slow and uncoordinated, and his eyes appeared unfocused. He even fumbled a drink, knocking it to the ground. He then drove to the Milton Sports Centre where he may have consumed more alcohol.
Less than an hour later, a second officer pulled Burger over after observing his vehicle swerving erratically. The officer questioned Burger, who claimed he simply wanted to go home. Despite the driver’s unsteady behavior, and the knowledge of the earlier incident at McDonald’s, no breathalyzer was administered during this stop either.
The second officer contacted the first officer, who reported no signs of impairment during their initial interaction. The passenger, Emma Amminson, claimed Burger was merely trying to frighten her. The officer then offered Burger a startling choice: park his car or receive a careless driving ticket and continue on his way. Burger chose the ticket.
Approximately thirty minutes later, Burger’s Infinity collided with the back of a stopped Honda on Derry Road, traveling between 140 and 154 km/h in a 70 km/h zone. The Honda burst into flames, tragically killing its driver, Mousawar Ahmed. Burger and Amminson also perished in the impact. A post-mortem examination revealed Burger’s blood-alcohol level was three times the legal limit.
The SIU Director questioned the logic behind offering Burger the choice to drive away, wondering if it represented a flawed investigation or a misguided attempt to persuade him to voluntarily remove himself from the road. While criminal charges weren’t warranted, the evidence points to “possible misconduct.”
The matter has been referred to the Halton Regional Police Chief for an internal review and to the Law Enforcement Complaints Agency. The delay in notifying the SIU about the fatal crash – a four-month wait – also raises questions that require further examination.
