High-ranking Toronto cop demoted at disciplinary hearing

Toronto police officer Stacy Clarke has been handed a two-year demotion to the rank of inspector for her part in what disciplinary hearing officer Robin McElary-Downer called a “cheating scheme” in a Wednesday police act tribunal decision.

“I found there is sufficient and tangible evidence in front of me that finds [Clarke’s] actions amply illustrated abuse of position and abuse of power,” McElary-Downer said. “This makes her an unsuitable candidate to be automatically reinstated to the rank of superintendent. Supt. Clarke will need to reapply down the road.

“When she does, I’m truly hopeful she will demonstrate her readiness to serve at the rank of superintendent.”

Clarke’s defence lawyer Joseph Markson had argued Clarke should be demoted to the rank of inspector for a year to 18 months, before being automatically reinstated to the rank of superintendent.

Police prosecutor Scott Hutchison countered that Clarke be demoted two ranks to staff sergeant, with the opportunity to reapply to become a superintendent after two years.

After serving her 24-month penalty, Clarke can reapply to become a superintendent, McElary-Downer said.

The hearing officer asked Clarke, who was present at the hearing, if she wanted to address the tribunal after her sentence was handed down. She did not make any submissions.

Speaking after the ruling, Clarke wouldn’t rule out appealing the demotion. (Martin Trainor/CBC)

Clarke won’t rule out appeal

Speaking to reporters inside Toronto police headquarters for the first time since the hearing began, Clarke wouldn’t rule out appealing the penalty, but said she’s looking forward to moving on.

“Just very disappointed and very sad about it,” Clarke said. “There’s a lot of people who have shared these types of experiences … There’s a lot of work still to be done and I’m confident we’ll get it done.”

In response to McElary-Downer’s ruling, the Toronto Police Service said it “respects the outcome” of the decision.

“Leaders at the Service are held to the highest standards of conduct, and we take any allegations of misconduct seriously,” a statement from the office of Chief Myron Demkiw read. “We acknowledge this case brought forward a number of issues that the Service is addressing.

“The Service has implemented significant reforms in recent years. Hiring and promotional processes were overhauled and our workforce is diversifying at all ranks.”

Clarke pleaded guilty to seven counts of misconduct in September of 2023, but testified at a hearing this spring that she acted out of desperation to counteract what she called “anti-Black systemic racism” when she gave confidential information to six Black constables ahead of promotional job interviews in 2021.

McElary-Downer said Clarke committed a number of transgressions including photographing interview questions and answers and sending them to her six mentees, instructing one of the officers to delete photos she sent them and conducting mock interviews with officers.

In her decision, McElary-Downer said “it’s clear rank brings a higher expectation of flawless behaviour.

“The nature of Supt. Clarke’s misconduct undoubtedly shook the confidence and trust the public had in her, and on a broader scale, the Toronto Police Service,” she added.

Former Toronto Police Services Board member Roy Williams said Clarke’s 24-month demotion to inspector is a ‘disservice to the Black community and to the Toronto Police Service.’ (Martin Trainor/CBC)

The hearing officer did note that Clarke recognized her wrongdoing and immediately took responsibility for her actions.

“Outside of this incident, Supt. Clarke has led an admirable career,” McElary-Downer said. “Indisputably, she is held in high regard by the many people she has worked with. Her history reflects she is a rockstar.”

Numerous high-profile police officers acted as character witnesses on behalf of Clarke throughout the hearing, including former Toronto police chief Mark Saunders.

Clarke is the first Black female officer to reach the rank of superintendent with Toronto police. Her lawyer referred to her as the “Black female face” of the force throughout the proceedings.

Clarke has been a police officer since joining the service as a cadet in 1998. She was promoted to superintendent in July 2020. McElary-Downer pointed to Clarke’s record as a police officer while giving her decision.

Clarke’s supporters call penalty ‘harsh’

Supporters of Clarke were present at the hearing and throughout much of the process.

Some said after Clarke’s demotion was handed down that’s it’s an example of what Black officers endure in society and the service.

“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,” said Roy Williams, a former member of the Toronto Police Services Board.

Williams, also a past president of the Jamaican Canadian Association, called the penalty a “disservice to the Black community and to the Toronto Police Service.”

“Yes, she should have been punished,” he said. “But I think the punishment is very severe. If there has to be a demotion, a demotion to inspector for no more than a year and [an immediate] return to superintendent.”