An Edmonton police sergeant has been demoted to constable and had his salary slashed after a disciplinary hearing found he made degrading sexual comments to three gay junior officers.
Ken Smith's remarks were further aggravated after he showed no genuine remorse for how they might have affected the male officers and the broader LGBTQ+ community, Fred Kamins, a retired RCMP chief superintendent who presided over the hearing, said in a decision.
"He called the comments 'jovial' and his attempt at 'humour' not out of line with what he had seen, and permitted, to occur,'" said Kamins.
"Of course, this is the crux of the issue … that something may be funny until it is not. We may not get a warning. We may get caught up in the banter. Before we realize it, we have crossed a line, and it is no longer funny, and someone is offended.
"Sgt. Smith crossed that line."
Smith will have the opportunity to fill a leadership role again after two years, Kamins said in the decision.
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"During the second year, the officer may, if supported by his supervisor, having completed harassment awareness training and such other courses … be considered for temporary acting duties."
Smith has been with the service for 22 years, the last six as a sergeant. He made the comments between 2021 and 2022, his hearing was told.
In one case, in explaining to a constable why he couldn't work with Smith's crew, Smith talked about a member of the squad being gay and the car smelling like sex, Kamins said in the decision.
In a second comment, Smith said two constables could work together if there was no "hanky-panky in the car, or words to that effect."
A month later, Smith directed a comment to the three constables sitting on the same side of a table during a meeting. The decision said Smith entered the room, pointed to the opposite side, and said, “I guess this is the straight side of the table."
The document noted Smith was made aware of his unwelcome comments after the third one was the subject of an internal group chat post, but the sergeant did nothing to address the concerns.
In his decision, Kamins summarized arguments presented by Brad Kielmann, Smith's lawyer, and Teresa Magee, the lawyer representing police Chief Dale McFee.
Kielmann told the hearing his client's comments were an attempt at humour and in response to banter that the constables engaged in, said the decision.
Kielmann also said Smith wasn't motivated by homophobic beliefs or prejudice, and that he's a friend to the LGBTQ+ community.
He argued that a demotion wasn't necessary and the removal of patrolling duties would be enough. He added that Smith had no previous disciplinary record.
"Sgt. Smith acknowledged that as a supervisor, he fell short, but there is no suggestion that he fell short as to his duties as a police officer," said the decision.
Magee argued Smith should to be demoted for five years to send a message that such conduct won't be tolerated.
She noted Smith only apologized for his comments in a letter delivered during final submissions, and not when his junior constables tried to address his comments with him directly.
Magee was "unconvinced that Sgt. Smith even now appreciates what he did and the impact on the involved gay police officers." as he has repeatedly said he was cracking jokes.
She also told the hearing that the police chief worked to have the service engage with various city communities, including LGBTQ+ groups, and that Smith's misconduct made those efforts more challenging.
Magee told the hearing that a message needed to be sent to Smith and other police officers.
"The message is that supervisors do not have a right to harass junior members of the service," said the document.
"Further, when subject to that type of behaviour and despite the difficulty in coming forward, those junior members will be supported."
Neither Kielmann nor Magee immediately responded to a request for comment on the decision. The police service said it wouldn't comment because there could be an appeal.
