Toronto cop's misconduct probe wraps up with closing arguments

A hearing into a senior Toronto police officer facing allegations that she interferedwith an investigation into asingle-vehicle collision involving a family member concluded on Tuesday, with the defence and prosecution presenting their final arguments.

Insp. Joyce Schertzerhas pleaded not guilty todiscreditable 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 lawyerJoanne Mulcahy argued there isn't enough evidence to convict Schertzer for any of thecharges, saying she was transparent about why she attended the scene anddidn'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 hersubordinate's decisions while investigating, and thatshe 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 from11 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.Schertzertestifiedshe was unaware the club was outside her district, and that shedid 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'spermission to turn off his body-worn camera.

A couple of hours later, Const.Michael Clarke, a trafficservices investigator, attended the scene. Calvin returned to the site of the crash after Schertzer was contacted bytraffic services.

Clarke previously testified he could smell alcohol on Calvin's breath. The tribunal heardCalvin had been drinking the night before the crash at the Boulevard Club, where he had left his car overnight.

WATCH: Body camera footage shows Schertzer speaking to cop on scene:

Senior Toronto cop facing misconduct charges testifies at tribunal

3 months ago

Duration 2:54

Insp. Joyce Schertzer is facing three misconduct charges for allegedly interfering with an investigation into a single-vehicle collision her nephew was involved in. CBC's Britnei Bilhete has more from the police disciplinary hearing.

Schertzerbreaks down during cross examination

Schertzertestified earlierin the hearing that she was the one who triggered amandated trafficservices 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.

Schertzeralso testified that Calvin, an adult at the time of the collision, had a health condition that could affect his ability to communicate. Sincehis immediate family was out of the country, Schertzersaid she wanted to be there for him as a health advocate.

During cross examination, Hutchison asserted Schertzer'sthat claim doesn't holdbecauseshe never checked ifparamedics 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 scenedid 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. Heattended 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 aticket 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 decisiononAug. 7.