Toronto Police Officer Convicted of Misconduct
A senior Toronto police officer has been found guilty of two counts of professional misconduct for allowing her nephew to leave the scene of a single-vehicle collision in 2022.
Toronto Police Service Insp. Joyce Schertzer was found guilty of one count each of discreditable conduct and neglect of duty during an Aug. 7 disciplinary hearing.
Although she was found not guilty on a second count of neglect of duty for her actions after her nephew crashed his vehicle into a city utility pole on Lakeshore Boulevard on May 1, 2022.
Schertzer had pleaded not guilty to all three counts.
Retired OPP Supt. Lisa Taylor, who presided over the disciplinary hearing, stated that there was “clear and convincing evidence” to support both the discreditable conduct charge and one count of neglect of duty.
“I find a reasonable person, let alone a senior officer would understand at the time, let alone with the benefit of hindsight, the potential conflict of interest her presence posed,” Taylor wrote in her decision on the neglect of duty charge. “I find the evidence does not support this matter involved a ‘lawful excuse’ for failing to obey a lawful order nor an honest mistake.”
Schertzer told the tribunal during a June hearing that her daughter, who is also a police officer, informed her about the collision shortly after it occurred.
She arranged for an officer from her division to go to the scene at 14 Division, where the crash happened, bypassing normal protocol “for the benefit of [her] family,” the tribunal heard.
She also became involved in the investigation, with Taylor noting that she was the first officer at the scene and spoke with the driver.
Schertzer mentioned that she did not consider herself “technically on-duty” and thus wasn’t the first officer on the scene.
She stated that her visit to the scene was to ensure the safety of her nephew identified as “Calvin,” denying any interference with the investigation.
However, Taylor disagreed, stating, “The evidence is clear, Inspector Schertzer was the first to arrive at the scene and the first officer to speak with the driver, her nephew,” Taylor wrote. “Inspector Scherzer testified Calvin blurted out what had occurred when she arrived, and she took him into her vehicle as it was rainy and cold.”
Const. Braden Doherty, an officer from Schertzer’s unit, arrived shortly after and his body-worn camera caught Schertzer relaying information to him about what her nephew had said. Calvin also conversed with Doherty and was permitted to leave the scene not long after, as per tribunal documents.
The tribunal’s ruling criticized Schertzer for allowing Doherty to switch off his body-worn camera, resulting in only partial footage of the investigation being captured.
Taylor stated she couldn’t understand why Schertzer, a 30-year police veteran, would have made such a decision.
“You failed to ensure that a thorough investigation was conducted into the collision,” she wrote. “In so doing, you have committed misconduct in that you did act in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit upon the reputation of the Toronto Police Service.”
She acknowledged Schertzer’s claims that her nephew was not intoxicated or under the influence. After reviewing the available footage, Taylor concluded that Calvin was not impaired by alcohol or drugs but questioned whether his blood alcohol level was zero, a requirement of his G2 license.
An Oct. 28 hearing will be held to determine Schertzer’s penalty.