Another Toronto cop facing police act charges linked to promotions probe

A police act notice of hearing  says Staff Sgt. Kirwin Marshall is facing police act charges over disparaging text messages he allegedly sent to Supt. Stacy Clarke, who is also facing police act charges.  (Evan Mitsui/CBC - image credit)
A police act notice of hearing says Staff Sgt. Kirwin Marshall is facing police act charges over disparaging text messages he allegedly sent to Supt. Stacy Clarke, who is also facing police act charges. (Evan Mitsui/CBC - image credit)

A second Toronto police officer is now facing police act charges stemming from an investigation into the force's promotions process.

According to a notice of hearing, Staff Sgt. Kirwin Marshall is facing police discipline charges linked to text messages he allegedly sent to Supt. Stacy Clarke. Clarke is accused of interfering with the promotions process by providing "confidential" information to a handful of officers ahead of their interviews.

The charges against Marshall, meanwhile, are linked to disparaging remarks he allegedly made in messages with Clarke.

The charges against both have yet to be proven at the Toronto police disciplinary tribunal.

According to the notice of hearing, Marshall worked with Clarke in the fall of 2021 as part of the mentoring and promotional process for Toronto police officers hoping to become sergeants.

Clarke's cellphone was seized last December as part of the probe, and the notice of hearing says investigators found texts between the two on it that were "inconsistent" with the force's values.

"During your conversations with Supt. Clarke, you made comments that belittled the Pride parade, contained racist or ethnic stereotypes and were insulting to senior officers of the organization," the notice of hearing reads.

"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."

Clarke, meanwhile, has been charged under the Police Services Act with three counts of breach of confidence, three counts of discreditable conduct, and one count of insubordination.

Tribunal documents allege Clarke mentored a number of constables seeking to be promoted to the rank of sergeant last fall, while also being part of the panel conducting the interviews.

They also claim Clarke received an email around Nov. 10, 2021, instructing her to cut off contact with the officers she was mentoring by Nov. 25.

The notice alleges that in late November, Clarke sent photos of the interview questions to six of the candidates she was mentoring.

It further alleges she provided in-person counselling to one of the candidates at her home on three consecutive days in early December, and on one of those days, conducted a mock interview using questions from panels she had sat on days earlier.

The notice alleges Clarke also later participated in the officer's interview without disclosing her conflict of interest.