Defence, prosecution submit penalties in Toronto cop misconduct case
Defence says Insp. Joyce Schertzer should be reprimanded or docked 5 days' pay
A police prosecutor said a high-ranking Toronto cop who was found guilty of two police act charges should face a penalty that has a "real sting" and deters other officers from similarly interfering in cases that involve their family members.
In August Insp. Joyce Schertzer was found guilty of one count of discreditable conduct and another count of neglect of duty after attending a west-end crash site that her nephew was allowed to leave in 2022, circumventing police procedure for the benefit of her family.
She was found not guilty on a second count of neglect of duty related to the collection of evidence at the scene.
During a penalty submissions hearing on Monday, police prosecutor Scott Hutchison asked that Schertzer be demoted one rank from inspector to staff sergeant, with an automatic return to inspector after a year.
Deterring other officers from similar behaviour requires a penalty that "will have some real sting and will go some measure to communicating to other officers that this conduct is unacceptable," Hutchinson said.
He said Schertzer has not shown remorse for the incident.
But defence lawyer Joanne Mulcahy asked that the penalty be in the range of either Schertzer receiving a reprimand or forfeiting five days of pay.
Mulcahy said the incident was a mistake in Schertzer's otherwise "exemplary" 35 years of service.
Defence argued Schertzer lost the opportunity to be promoted to superintendent due to the incident, costing her $40,000 a year in increased salary since 2022.
Demoting Schertzer to a staff sergeant for a year would cost her another $21,000 and impact her pension, the defence said.
Schertzer apologizes for her conduct
Schertzer spoke last at Monday's hearing, saying she was very sorry for the incident.
"I do regret this and I do have remorse," she said, her voice wavering. "There isn't one day that hasn't gone by in the last two and a half years where I didn't wish I had a rewind button.
Hearing officer Lisa Taylor said she is aiming to complete her penalty decision "as soon as I can," with no specific date set.
During Monday's hearing, the defence read from several letters of support for Schertzer written by people of varying ranks within the Toronto Police Service.
The letters "speak to a truly impressive officer who made a mistake on May 1, 2022, but who has done so much for the citizens of the Toronto Police Service," Mulcahy said.
But Hutchinson said the defence's penalty submission is "miles below the mark."
"There can be little doubt that the seriousness of this [incident] and the way in which it is being made known to the public has harmed the reputation of the Toronto Police Service," Hutchinson said.
He said he'd expect community members to be shocked if Schertzer is only docked a few days' pay for her conduct.
Inspector travelled to crash scene, tribunal heard
The charges stem from an incident that happened shortly before noon on May 1, 2022, just outside The Boulevard Club at 1491 Lake Shore Boulevard W., in the city's west end.
Schertzer was working at 11 Division that day when she got a call from her daughter — who is a constable with Toronto police — telling her Schertzer's nephew had been in a collision, the tribunal previously heard.
Videos played during previous hearings show Schertzer's nephew, who was referred to as "Calvin," driving a white pickup truck and slamming into a pole.
After she was told about the crash, Schertzer arranged for an officer from her division to be dispatched to 14 Division, where the incident happened. Generally, the tribunal previously heard, officers respond to calls within their respective divisions — though a map displayed by the defence during the proceedings showed 11 Division and 14 Division sit next to each other, with the barrier between them lying close to where the crash happened.
Schertzer previously testified she was unaware the club was outside that boundary. She also attended the scene.
The tribunal previously heard Calvin was cleared to leave the area around 10 minutes after talking to Const. Braden Doherty, an officer from 11 Division, which is Schertzer's unit.
Body camera footage captured some of Doherty's investigation, including when he deemed no "criminality" took place and allowed Calvin to leave. Doherty previously testified that he asked for Schertzer's permission to turn off his body-worn camera while the two were talking at the scene.
In her decision in August, Taylor said she "cannot fathom" why Schertzer would have allowed the camera to be turned off in that situation.
"I find Insp. Schertzer's actions and inactions are evidence that she allowed family relationships to influence her official conduct, duty or judgment, contrary to policy," Taylor wrote.
She added, "I find a reasonable citizen would be shocked to learn the minimal investigative efforts made during the attendance of Insp. Schertzer."
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With files from Adam Carter