A Toronto police officer acted out of desperation to counteract anti-Black systemic racism when she gave confidential information to six Black constables ahead of promotional job interviews in 2021, defence said at a disciplinary hearing on Thursday.
Supt. Stacy Clarke carried “crushing burdens” after the murder of George Floyd by a Minneapolis police officer in May 2020 and subsequent global Black Lives Matter protests, defence lawyer Joseph Markson said during closing statements.
“You have a collapse in good judgment. You have someone going down on their knees under the stress of all of that, the whole of that cross,” Markson said.
“The things we do on our knees may be different to when we’re standing,” he added.
Clarke is the first Black female officer to reach the rank of superintendent at the Toronto Police Service. She was presented as the “Black female face” of the Toronto police, Markson said, referring to media coverage from summer 2020.
As a mentor, Clarke felt powerless to advocate for Black constables who had placed their hopes and expectations on her, Markson said.
“It’s all the more painful to realize your advocacy for them is dead in the water,” he said. “Mute. Non-existent.”
‘Virtuous purpose’ in Clarke’s misconduct: lawyer
Clarke, who is a single mother of two, had a “genuine belief and crushing epiphany” that the six Black constables would not be treated fairly in the promotional process, Markson said.
“There’s a virtuous purpose that runs through [her] misconduct,” he said.
The defence has proposed Clarke be demoted to the rank of inspector for a year to 18 months, before being automatically reinstated to the rank of superintendent.
However, the prosecution has called for Clarke to be demoted two ranks, to staff sergeant, with the opportunity to reapply to become superintendent after two years.
Clarke was born in Jamaica and moved to Canada at age 10. The Jamaican Canadian Association has been bussing her supporters to watch disciplinary proceedings this week at Toronto police headquarters.
During cross examination Thursday morning, Clarke said she sent photographs of interview questions and answer rubrics through WhatsApp to her mentees in late 2021.
“You knew that was wrong, correct?” said prosecutor Scott Hutchison. “And you did it anyway?”
“Correct,” Clarke said.
At the time, she was serving on a three-person panel conducting interviews for promotions.
Clarke also knowingly conducted three unauthorized mentorship sessions with a candidate in December prior to his interview during a mandated black-out period for communicating with mentees.
During the sessions, she said she conducted mock interviews using her memory of questions she had previously photographed.
Clarke later served on the panel when that candidate was interviewed, she said.
“In hindsight, I should have recused myself,” she said. Clarke added that it was not uncommon for panellists to interview candidates whom they knew.
“That doesn’t make it okay,” she said.
‘I was invisible’ advocating for Black mentees: Clarke
Clarke said her “tipping point” took place when she attempted to advocate for her mentees in a meeting with her colleagues in November 2021.
“I was invisible,” she recalled. “I was not supposed to be advocating, not for Black members… I was beside myself.”
Later that same day, she took a photograph of the questions and answers for the first time, sending them to a mentee who would be interviewed that afternoon.
Clarke said none of her mentees asked for her assistance through the provision of confidential information.
In September 2023, Clarke pleaded guilty to seven charges under the Police Services Act. The charges include three counts of breach of confidence, three counts of discreditable conduct and one count of insubordination.
She previously apologized for her misconduct on Wednesday and said she believes she can still make a difference as a Toronto police officer. This hearing marks the first time Clarke has faced charges of any kind, the defence said.
“I have an exemplary record,” Clarke said on Wednesday. “My record speaks for itself.”