Toronto Police Insp. Joyce Schertzer has been temporarily demoted to the lower rank of staff sergeant for a period of nine months for her interference in a collision investigation involving her nephew.
Retired OPP Supt. Lisa Taylor released her penalty decision at a disciplinary tribunal hearing on Monday morning.
Schertzer was previously found guilty of two counts of professional misconduct for her involvement in the collision on May 1, 2022.
A tribunal previously heard that Schertzer received a call from her daughter, who also works as a police officer, informing her that Schertzer’s nephew crashed his pickup truck into a city-owned utility pole on Lake Shore Boulevard.
The tribunal heard that Schertzer, who was working at 11 Division that day, arranged for an officer from her division to be dispatched to 14 Division, where the crash occurred. This decision, the tribunal heard, circumvented the usual priority system “to the benefit of family.” Schertzer also attended the scene in person.
Schertzer previously said she thought the collision was in 11 Division, which borders 14 Division.
Schertzer’s nephew was cleared to leave the collision scene about 10 minutes after talking to the officer from 11 Division, according to tribunal documents.
A tribunal previously heard that the officer tasked with leading the investigation “did not have the opportunity to determine whether alcohol might be a contributing factor” given how quickly the driver was permitted to leave the scene.
While there was no evidence that alcohol was involved, Taylor noted that alcohol would have been a concern in this type of investigation involving a G2 driver.
Schertzer previously told the tribunal that she detected “no odour of alcohol on him.”
“His eyes were clear and they were not bloodshot. His speech was not slurred. He had no odour,” she told the tribunal. “If I thought for one second that my nephew was impaired I would have arrested him myself.”
In the decision, Taylor noted that police officers, particularly high-ranking officers, are held to a higher standard and a member of the public could conclude from this situation that friends and family of police officers receive “preferential treatment.”
At one point, Schertzer also agreed to turn off her body-worn camera to have a private conversation with the investigating officer.
Taylor noted that the average person would be “shocked about the lack of recognition of these issues by a senior officer.”
She noted that it represents “a major deviation of the character expected of a senior officer.”
“Quality investigations are a critical expectation of the community and the Service, and I find it was the involvement of Inspector Schertzer that negatively impacted the quality of the collision investigation involving her nephew,” Taylor said in her written penalty decision.
A number of mitigating factors were identified, including her lengthy employment with the Toronto Police Service. Schertzer has worked for the police service for more than three decades.
The tribunal called Schertzer’s letters of support from colleagues “impressive” and noted that she should be “extremely proud of her policing career.”
This type of misconduct, Taylor said, is not “evident through her positive and lengthy employment history.”
Taylor said she has “great respect” for Schertzer for continuing to come to work everyday and contribute “positively” to the police service despite the media scrutiny and negative attention brought on by the misconduct allegations.
“Too often it is the case that respondent officers either go off on-leave or exhibit a negative attitude towards the Service,” Taylor wrote.
“Many of the letters of support outline that this matter has been devastating to Inspector Schertzer but regardless, she has held her head high, continued working hard, and speaking positively about the Service and this speaks to her positive character.”
One aggravating factor, the tribunal found, was that Schertzer “never acknowledged that her actions were inappropriate.”
Taylor also found that the incident caused “reputational damage to the police service.”
Schertzer will return to the rank of inspector after the penalty period is complete.