By Neil Armstrong

Supporters of Stacy Clarke, who was last week demoted to the rank of inspector for two years from her position of superintendent in a police tribunal hearing decision, think the penalty is unfair.

In September 2023, Supt. Clarke pleaded guilty to seven charges which include three counts of breach of confidence, three counts of discreditable conduct, and one count of insubordination — all under the Police Services Act. They stem from her effort to help six Black police constables she mentored, who were seeking to become sergeants through the promotion process in 2021, by providing them with questions and answers.

In her decision, Robin McElary-Downer, a retired deputy chief with the South Simcoe Police Service, 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. At the tribunal hearing in May 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 apologize sincerely to, first and foremost, the six officers that had to be a part of my conduct. I apologize sincerely to the organization 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.”

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.

McElary-Downer noted that outside of this incident Clarke has led an admirable career and described her as “a rockstar in policing.”

She said the matter had drawn significant social media attention, some of which contained “cruel hate spreading racism” and in her years of adjudicating it was the first time she has heard of “a risk assessment being completed out of concern for the safety of a subject officer.”

The adjudicator said Clarke has demonstrated resiliency and courage, and although temporary, the loss of income as a result of a demotion is detrimental to an officer’s state of financial affairs.

 McElary-Downer said she recognized that a drop in rank or ranks for any period of time would cause financial hardship but “owing to the nature and seriousness of her misconduct however this cannot be avoided.”

She said specific and general deterrents are important considerations in every police decision and that that the sanctions imposed on a police officer found guilty of misconduct must be designed to “deter the subject officer from future unacceptable behaviour, and secondly, to deter other officers going down the same path.”

However, four past presidents of the Jamaican Canadian Association who attended the tribunal hearing in May and the decision on August 28, are critical of it.

Valarie Steele described it as “a dreadful and unfair decision” and hopes that Clarke appeal it. She said the tribunal member knew nothing about anti-Black racism and “had the nerve to say that progress has been made because there’s a Black woman on the ten-dollar bill.”

Steele said Viola Desmond would not have been on the bank note if she did not break the rules set up by white people in New Glasgow, Nova Scotia.

“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.

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.

In 2021, Clarke became the first black woman to serve as superintendent in the history of the police service.

“Unfortunately, the penalty was not a surprise. It calls into question the experience of the hearing officer, deputy chief McElary-Downer, who dismissed the systemic racism aspect that was the impetus for Supt. Clarke’s actions. You can’t judge what you don’t know or have experienced,” said Audrey Campbell who was a character witness for Clarke at the hearing.

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 racialized 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.

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