Toronto Star

Clarke endorsed cheating, hearing told

Prosecutor argues her senior position is an aggravatin­g factor in scandal

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Toronto police Supt. Stacy Clarke’s role in a promotiona­l cheating scandal was “an attack on the core values of the institutio­n by somebody who knew better” — someone who wielded the tremendous influence of a barrier-breaking senior cop, a police prosecutor argued Friday.

That Clarke — who has admitted to leaking confidenti­al interview questions to six Black constables seeking a promotion in 2021 — committed profession­al misconduct while being a respected figure both inside and out of the force is a “profoundly serious aggravatin­g factor,” said prosecutor Scott Hutchison in closing arguments Friday. The highest ranking Black woman in the force’s history, Clarke set the example of success, particular­ly to Black cops, he said.

But by cheating, she was “propagatin­g” within her six Black mentees — officers who, Hutchison noted, never asked for her illicit help — the belief that her behaviour was OK. Her actions instilled the idea that “part of being an officer of the Toronto Police Service is cheating,” he said.

Had her misconduct not come to light, the officers may well have gone on to leadership positions and passed on that idea.

“And that cancer grows,” Hutchison said.

Clarke has pleaded guilty to seven counts of police misconduct under Ontario’s Police Services Act for her lead role in a cheating scandal stemming from a competitiv­e sergeants’ promotiona­l process in late 2021. This week, her sentencing hearing has put Toronto police’s promotiona­l practices under the microscope, particular­ly as it concerns racialized cops.

Although Clarke has stressed that the context is not an excuse, she has characteri­zed her actions as a desperate attempt to level the playing field for Black cops and combat systemic anti-Black racism in policing. She’d slipped the officers she mentored confidenti­al interview answers after, she claims, other aboveboard attempts to champion them had failed.

Under cross-examinatio­n this week, Clarke said it is a commonly held belief that other officers have leaked confidenti­al interview questions in the past.

In a statement Friday, a spokespers­on for Toronto police said the service could not comment on matters before the tribunal, but said it had an “unwavering commitment to rebuilding trust and eradicatin­g all forms of discrimina­tion, including anti-Black racism.”

In his arguments before retired South Simcoe Police deputy chief Robin McElary-Downer, the hearing officer, Clarke’s lawyer Joseph Markson noted the “extraordin­ary” nature of the case.

Similar to how post-traumatic stress disorder has come to be an important mitigating factor in police misconduct cases, particular­ly when it has been acquired on the job, Markson urged McElaryDow­ner to consider the mental health impacts of systemic antiBlack racism. Markson has put forward medical evidence, derived from a psychiatri­c evaluation, that Clarke’s lived experience­s of systemic racism “and her experience­s and frustratio­ns in addressing the challenges and barriers faced by Black officers” played a significan­t role in her misconduct.

She may have been a senior officer, Markson said, but she was also a human being who was suffering.

“The rank is not an immunizati­on from the effects of stress,” he said.

Hutchison was clear in his arguments that neither he nor the Toronto police denied the existence of anti-Black racism within the service. He acknowledg­ed that McElary-Downer should indeed take in that critical context as she decides Clarke’s penalty.

But he urged her to consider first that Clarke’s conduct could well justify her dismissal. It was a serious breach of trust; he noted Clarke would likely have trouble testifying in court “given the underlying deceitful nature” of her actions.

Factoring in the systemic racism context brings Clarke back from the precipice of dismissal, Hutchison said. Instead, Clarke should suffer a demotion: be knocked down two ranks, to staff sergeant, for a year, then be reinstated to the rank of inspector for a year, at which point she could re-apply for superinten­dent.

Simply put, there is an expectatio­n that police “behave in an ethical and profession­al way, even when the challenges are unfair, even in the most difficult circumstan­ces,” Hutchison said.

“And that is a reality that is just as real as anti-Black racism,” he said.

Markson, Clarke’s lawyer, has asked for a demotion of one rank for one year or 18 months, and that Clarke be automatica­lly reinstated to superinten­dent. Requiring her to re-apply to superinten­dent would be “tantamount to a permanent demotion to inspector,” he said, suggesting she would realistica­lly not be promoted again.

He told McElary-Downer that after being demoted, Clarke would return an even better officer and be an agent of meaningful and constructi­ve change.

Noting it had been a long week, McElary-Downer said she needed time to sift through the evidence and would report back mid-summer.

“I will do my due diligence, do my very best, to come to an appropriat­e decision,” she said.

Clarke’s lawyer Joseph

Markson provided medical evidence that Clarke’s experience­s of systemic racism ‘and her experience­s and frustratio­ns in addressing the challenges and barriers faced by Black officers’ played a significan­t role in her misconduct

 ?? STEVE RUSSELL TORONTO STAR ?? Supt. Stacy Clarke testified that her actions were an attempt to level the playing field for Black cops and combat systemic anti-Black racism in policing.
STEVE RUSSELL TORONTO STAR Supt. Stacy Clarke testified that her actions were an attempt to level the playing field for Black cops and combat systemic anti-Black racism in policing.

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