‘I know that was not the right path’

TORONTO:

Jamaican Canadian police superintendent, Stacy Clarke, who is before a tribunal hearing in Toronto for charges under the Police Services Act, says it was important for her to take accountability for what she had done.

In September 2023, Supt Clarke pleaded guilty to seven charges including three counts of breach of confidence, three counts of discreditable conduct, and one count of insubordination. The charges stem from her efforts in 2021 to help six black police constables she mentored who were seeking to become sergeants through the promotion process by providing them with questions and answers.

“I know that was not the right path and I apologise sincerely to, first and foremost, the six officers that had to be a part of my conduct. I apologise sincerely to the organisation and the members of our service for the unnecessary attention, for the ramifications, and the rippling effects that we are seeing today. Never in my career did I think that I would be in a PSA [Police Services Act] hearing for something that I have done.”

On Monday, the first day of the hearing – which was open to the public – a bus load of members of the Jamaican Canadian Association showed up at the headquarters of the Toronto Police Service (TPS) to show their support for her.

Supt Clarke is the first black woman in the history of the police service to serve as superintendent. At points the supporters applauded or vocalised their reaction to something said and had to be reminded by the adjudicator of the protocol. Many were back on Wednesday for the second day of the tribunal, which had the cross-examination of the police superintendent on Thursday, to be followed by submissions.

In outlining the charges, Scott Hutchinson, lawyer for the TPS, said Supt Clarke took pictures of interview questions and answers and shared them with six constables she was mentoring who had applied for promotions. She sat on the three-member interview panel and was a friend of one of the officers.

Hutchinson said her conduct was incredibly serious and would invite, in a normal court, a penalty of dismissal. He said it raised the question of whether a senior officer who engaged in such conduct has a realistic role in the service in the future.

APPROPRIATE PENALTY

Nonetheless, Hutchinson said that is not the penalty the TPS would be asking Robin McElary-Downer, a retired deputy chief with the South Simcoe Police Service who is the adjudicator at the tribunal, to consider.

He told the deputy chief that she will hear evidence through a variety of witnesses about the character of Clarke, the challenges she has faced as a trailblazer, and the pernicious problem of anti-black racism.

The lawyer conceded that anti-black racism is real and that the TPS and its board recognise that and have committed themselves to addressing it while understand that it is a work-in-progress.

Hutchinson said Police Chief Myron Demkiw believes that Clarke still has work to do within the organisation, but that the penalty must be proportionate to the seriousness of the conduct.

He is seeking a demotion of Clarke by two ranks to staff sergeant for a period of one year, a return to the rank of inspector at the end of that year, and eligibility to apply for further promotion after doing a second year at the rank of inspector, “but no automatic return to the position of superintendent”.

However, Joseph Markson, Clarke’s lawyer, said her efforts were to level the playfield. He said the defence would provide evidence to consider why a respected senior police officer with an exemplary record of service would commit a series of misconduct in this manner –when all hope was lost for securing fairness for six black constables she mentored for the promotional process.

In his submission, Markson said the appropriate penalty for Supt Clarke involves demotion to the rank of inspector in the range of one year to 18 months with automatic reinstatement to the rank of superintendent.

EXPERIENCED UNFAIR TREATMENT

Supt Clarke, who was initially suspended in January 2022 and then reinstated the following month, said she has taken accountability for her action but also wanted the opportunity to give the reason it happened.

The 26-year police veteran said she still loves her job and the idea that she can be impactful inside and outside of the organisation is of tremendous value to her.

“Some may say foolishly, but I still believe that we can do what we say we’re going to do. I believe that this an important thing to get right. We have to get it right, because you see Stacy sitting here, but she is definitely not alone. There are many people within this organisation and outside of this organisation that have felt my pain. This is bigger than me, it is actually not about me.”

Supt Clarke said she has been deliberate in amplifying voices for those who do not have a seat at the table. “I have done so in the face of discrimination, pushback, challenges to my rank and challenges to my race and gender. As I progressed through the ranks, I’ve often been the “only” one or “one of few” black women. Since becoming a senior officer, I’ve carried the weight and loneliness of being the only woman of colour in the entire senior management team until very recently,” she wrote in a statement to the Professional Standards unit.

Clarke said this incident will not define her or her career “but will drive me further to push for the changes of fairness and equality that are needed in this organisation.”

In July 2020, she was promoted to superintendent and assigned to 42 Division. Clarke said she has consistently experienced unfair treatment and had been undermined at every rank that she has held and in every unit with which she has worked.