An off-duty police officer has been cleared after his vehicle struck two pedestrians on the Trans-Canada Highway in North Cowichan. The decision was announced on August 15 by the Independent Investigations Office of British Columbia, which reviewed the case.
The collision happened on April 10, just before six in the morning. The officer was driving north between James Street and Beverly Street on his way to the detachment in Duncan. At the time, traffic was light, and the sky was still dark. Two men attempted to cross the highway on foot, leading to the crash.
Investigators reported that one of the men had left a nearby coffee shop before crossing the road. He later admitted he had used drugs and could not remember if he looked for traffic before stepping into the lanes. Surveillance video confirmed that two figures in dark clothing were walking from the east side of the highway moments before being struck. Both men suffered multiple injuries, including broken bones and internal damage.
Evidence showed the officer was not speeding. He immediately told the first responding officer that the pedestrians had appeared “out of nowhere.” A witness officer later described the location as a “black hole,” noting the absence of streetlights. The area has a history of similar collisions. There are posted signs warning people not to cross at that section of the highway.
The Independent Investigations Office explained that its role is to look into cases in which police actions may have caused death or serious harm. Its goal is to ensure the public can trust that all reviews are independent and unbiased. For this case, investigators collected statements from the two injured pedestrians, six civilian witnesses, and one witness officer. They also reviewed police reports, medical files, dispatch logs, and surveillance footage.
According to the report, the officer could not reasonably have expected two pedestrians to be in the middle of the highway at that time of day. Investigators noted that the brake lights of his vehicle did not appear until after the impact, which they said showed he had not seen the pedestrians before the collision.
The decision concluded there was nothing in the evidence to suggest the officer had been driving dangerously or without care. Investigators stated he was operating his vehicle as any reasonable driver would in the same conditions. While the injuries were serious and the event tragic, the collision was not caused by criminal behavior. The primary factors were the poor visibility, dark clothing, and the pedestrians’ decision to cross in an unsafe location.
The report also highlighted broader safety concerns on that stretch of the Trans-Canada Highway. The section where the crash occurred has seen other pedestrian collisions in the past. Authorities continue to remind people not to cross busy highways outside of designated crossings, especially at night or in areas without lighting. Drivers are also urged to remain alert in zones with known risks, even when traffic appears light.
The Independent Investigations Office emphasized that its findings were based on a wide range of evidence and that the review was carried out to the highest standards of independence. While the pedestrians sustained lasting injuries, the officer has been cleared of wrongdoing. The case serves as a reminder of the risks faced by both drivers and pedestrians in high-speed zones, where a moment of poor judgment can result in devastating consequences.
