色色啦

Clarke previously pleaded guilty to seven counts of professional misconduct under Ontario鈥檚 police legislation after admitting she leaked confidential information to six Black junior officers in 2021 to give them an edge in the highly competitive process to become sergeants. Candidates were required to pass a written exam and then face questions from a three-person panel of senior cops that included Clarke.

The case cast a spotlight on race within the police service and prompted debate about whether Clarke鈥檚 actions were justified.

At the virtual hearing Thursday, Ravin Pillay, Clarke鈥檚 lawyer, argued the hearing officer who handed down the penalty failed to give sufficient weight to the 鈥渟ocial context evidence鈥� of structural anti-Black racism Clarke experienced on the job 鈥� a 鈥渇atal error,鈥� he said, that demands intervention.

Pillay claimed that adjudicator Robin McElary-Downer鈥檚 personal experience inappropriately influenced her analysis and that Clarke鈥檚 outstanding leadership and contributions to the police service and community warrant automatic return to her rank.聽

Police prosecutor Scott Hutchison repeated his earlier argument at the penalty hearing that Clarke鈥檚 actions might well have warranted dismissal.

McElary-Downer鈥檚 reasons must be considered as a whole, he said, arguing that it was improper to suggest the hearing officer didn鈥檛 recognize 鈥渨hat everybody acknowledged from the beginning of the hearing鈥� 鈥� the significance of systemic anti-Black racism in establishing a fair sentence.

Last year, Clarke defended her actions as a 鈥渄esperate effort to level the playing field鈥� in a profession where anti-Black racism still holds Black cops back 鈥� discrimination she said she knew all too well.

鈥淚 felt at the time that (the officers) did not have a fair chance in this process and my own history and experience of racial inequity compounded this feeling,鈥� she wrote in an internal police report.

Taking the stand in her own defence, Clarke suggested it was an open secret that senior officers have for years helped their preferred candidates get promoted, though she acknowledged that was not an excuse.

In her decision, McElary-Downer rejected Clarke鈥檚 rationale, saying her plan to help the cops get ahead amounted to 鈥渆xtremely serious鈥� misconduct.

McElary-Downer acknowledged that the case, at first glance, was both 鈥渃omplex and challenging,鈥� particularly concerning the 鈥渢horny issue鈥� of anti-Black racism and the purportedly unfair promotional process for Black officers. However, she stressed, it wasn鈥檛 her job to make recommendations about either of the two.

Clarke鈥檚 behaviour was a 鈥済rave act of betrayal鈥� of the six constables she helped cheat, McElary-Downer said. All six faced career consequences after the cheating scheme came to light: five received unit-level discipline and were docked thousands in lost salary, while a sixth was demoted for professional misconduct.

The superintendent鈥檚 accountability over her wrongdoing was laudable, McElary-Downer noted in her decision. Clarke鈥檚 otherwise 鈥渄istinguished and exemplary career in law enforcement鈥� was also a mitigating factor, she said.

But her misconduct illustrated an abuse of her position and her power, making her an 鈥渦nsuitable candidate to be automatically reinstated to the rank of superintendent.鈥� McElary-Downer said.

The decision to knock Clarke down to inspector for two years also means she must reapply to regain her rank 鈥� something her then-lawyer, Joseph Markson, said would be 鈥渢antamount to a permanent demotion.鈥�

A 色色啦 police spokesperson confirmed on Thursday that Clarke remains a superintendent during the appeal process.

Pillay is asking that the panel of adjudicators overturn the sentence and instead impose a one-year demotion to inspector, followed by the automatic reinstatement to the rank of superintendent.

The panel said it would reserve its decision for a later date but did not provide a clear timeline.聽

In the appeal application, Pillay said McElary-Downer, a retired South Simcoe Police deputy chief, made 鈥渟everal reversible errors鈥� in her decision and relied on her personal experience to draw conclusions that worked negatively against Clarke.

In one instance, he noted, McElary-Downer said based on her career in two police services, there were 鈥渕any competing internal inequities in policing.鈥澛�

In another, Pillay pointed to her comment that, based on her lived experience, she was not convinced that there hadn鈥檛 been progress in addressing anti-Black racism in policing in the last 30 years.

The case, he argued, must be decided on evidence in court, not by resorting to personal experience that is not relevant.

Hutchison, in response, argued that the entire purpose of an expert tribunal was to rely on its members鈥� experience to understand the evidence and that McElary-Downer drew on hers appropriately. The hearing officer made 鈥減erfectly reasonable observations or findings,鈥� he said.

No one was arguing that anti-Black racism didn鈥檛 exist or remains a problem that warrants more action, Hutchison continued.

The real question in the face of that reality, he said, was how to deal with a senior officer who engages in misconduct that teaches young constables that cheating is the way to climb the ranks in the 色色啦 Police Service?

Hutchison said he had no doubt Clarke taught them valuable lessons as their mentor, but teaching them that the ends justify the means may be 鈥渢he most dangerous lesson鈥� a police officer can learn.

With files from Wendy Gillis