Toronto cop's misconduct probe wraps up with closing arguments
Insp. Joyce Schertzer faces three Police Act charges, adjudicator to release decision Aug. 7
A hearing into a senior Toronto police officer facing allegations that she interfered with an investigation into a single-vehicle collision involving a family member concluded on Tuesday, with the defence and prosecution presenting their final arguments.
Insp. Joyce Schertzer has pleaded not guilty to discreditable conduct, insubordination and neglect of duty charges under the Police Services Act.
She's accused of contravening the force's conflict of interest policy and preventing investigators from determining if alcohol was a factor in the collision involving her nephew, who is referred to as "Calvin" in proceedings, after he crashed into a city-owned utility pole shortly before noon outside The Boulevard Club at on Lake Shore Boulevard W. on May 1, 2022.
On Tuesday, defence lawyer Joanne Mulcahy argued there isn't enough evidence to convict Schertzer for any of the charges, saying she was transparent about why she attended the scene and didn't involve herself in the investigation.
"Insp. Scherzter was ensuring that she was there as an aunt. She didn't interfere, she didn't influence," said Mulcahy.
Mulcahy said Schertzer did her best to avoid a conflict of interest, as well as the appearance of one.
Meanwhile, the prosecution argued her actions influenced her subordinate's decisions while investigating, and that she didn't do enough to preclude herself from doing so.
"The investigation was hampered as a result of the actions of the inspector," prosecutor Scott Hutchison said. "Her affection for her family is why she shouldn't have been there."
The tribunal previously heard that Calvin was cleared to leave the scene around 10 minutes after talking to Const. Braden Doherty, an officer from 11 Division, Schertzer's unit.
Doherty was sent to the scene following Schertzer's call for help, even though the crash took place outside the unit's jurisdiction. Schertzer testified she was unaware the club was outside her district, and that she did not specifically request an officer from her division.
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.
A couple of hours later, Const. Michael Clarke, a traffic services investigator, attended the scene. Calvin returned to the site of the crash after Schertzer was contacted by traffic services.
Clarke previously testified he could smell alcohol on Calvin's breath. The tribunal heard Calvin had been drinking the night before the crash at the Boulevard Club, where he had left his car overnight.
Schertzer breaks down during cross examination
Schertzer testified earlier in the hearing that she was the one who triggered a mandated traffic services investigation when she pointed out damage to the city-owned pole to Doherty. Schertzer's defence lawyer argued she shouldn't be blamed for the traffic services officer arriving after Calvin left, pointing out that her nephew returned to the scene when his presence was requested.
Schertzer also testified that Calvin, an adult at the time of the collision, had a health condition that could affect his ability to communicate. Since his immediate family was out of the country, Schertzer said she wanted to be there for him as a health advocate.
During cross examination, Hutchison asserted Schertzer's that claim doesn't hold because she never checked if paramedics or other first responders were sent to the scene, and never requested medical assistance.
"I'm going to suggest to you that you went there to advocate to whoever the police officer was at the scene on behalf of your nephew, is that not correct?" he asked.
In response, Schertzer said she only wanted to advocate in the event "there was some sort of communication issue," before she broke down in tears.
"I just really want you to understand that this is really difficult for me. I'm sorry," she said, her voice thick with emotion.
Documents presented to the tribunal allege that a TPS officer dispatched to the scene did not have a chance to determine whether or not alcohol might have been a factor.
Schertzer has testified Calvin was not under the influence during the crash. A witness called on Tuesday corroborated her claim.
Marcin Bober, a Toronto paramedic, said he was stationed nearby for an ongoing marathon in the area. He attended the scene after someone alerted him to the collision, and testified that Calvin didn't appear to be injured, seemed "fully-oriented" and engaged in conversation easily.
Calvin was eventually given a ticket for careless driving, but it was dropped in July 2023.
The adjudicator, retired superintendent Lisa Taylor, was a former full-time hearing officer for the Ontario Provincial Police. She said she'll release her decision on Aug. 7.
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With files from Jasmin Seputis and Adam Carter