TORONTO:

A Jamaican-Canadian police superintendent, who in May faced a tribunal hearing in Toronto for charges under the Police Services Act, has been demoted to the rank of inspector for two years.

In September 2023, Supt Stacy Clarke pleaded guilty to seven charges which include three counts of breach of confidence, three counts of discreditable conduct, and one count of insubordination. The charges stem from her effort to help six black police constables whom she mentored who were seeking to become sergeants through the promotion process in 2021. Clarke, it was alleged, provided them with questions and answers.

She said it was important for her to take accountability for what she had done.

“I know that was not the right path and I apologise sincerely to, first and foremost, the six officers who 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,” she said in May.

In her almost two-hour delivery of the decision Robin McElary-Downer, a retired deputy chief with the South Simcoe Police Service, who was the adjudicator at the tribunal, said it was a privilege to retain a rank, not a right.

She said Clarke would need to reapply for the rank of superintendent after serving 24 months as inspector.

Clarke said she was very disappointed and sad about Wednesday’s decision and that there are many people who have shared these types of experiences.

Scott Hutchinson, lawyer for the Toronto Police Service, wanted Clarke to be demoted 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 the appropriate penalty for Supt. Clarke should be a demotion to the rank of inspector in the range of one year to 18 months with automatic reinstatement to the rank of superintendent.

Dave D’Oyen, a law student who was a member of the Police and Community Engagement Review (PACER), said although Clarke will be eligible to reapply for the rank of superintendent, it is questionable whether she will be given a fair chance given her actions.

“Nevertheless, Stacy is committed to her professional growth and that is commendable. It is difficult to determine whether the penalty is in keeping with precedence because there is limited access to prior decisions from the disciplinary hearings. I accept the adjudicator’s role was not to make a decision about racism, but I find concerning her failure to consider the impact of systemic racism which has limited the promotions of black and other racialised officers as evidenced in various reports. Stacy has an exemplary record and an unwavering commitment to the community and fair policing. She deserves the public’s forgiveness and support,” he said.

A busload of members of the Jamaican Canadian Association was at headquarters of the Toronto Police Service on Wednesday to show their support for Clarke.

“I think it was too harsh, especially the fact that after the two years, she will not automatically go back to her superintendent job, but will be able to apply only when there is a vacancy. And I strongly believe they won’t give her another opportunity. They will hide behind the conviction of cheating,” said Herman Stewart, a past president of the Jamaican Canadian Association.

Roy Williams, the first black person to serve on the Toronto Police Services Board and the first president of the Jamaican Canadian Association in 1962, described the decision as harsh.

“I think it’s an extremely harsh punishment and merely a reflection of the justice system and the treatment of black people from slavery up until now.”

Clarke was the first black woman to serve as superintendent in the history of the police service.

At the hearing in May, the 26-year police veteran said this incident will not define her or her career, but would drive her to push for fairness and equality that are needed in the police organisation.