Edmonton police sergeant demoted for crude, sexualized remarks against gay subordinates

A veteran Edmonton police sergeant has been stripped of his leadership rank for making homophobic comments to three gay officers who were under his command.

In a decision released Monday following a disciplinary proceeding, the Edmonton Police Service detailed the sanctions against Sgt. Ken Smith.

Smith was found to have engaged in insubordination and discreditable conduct for a string of incidents where he harassed subordinates and made crude, sexualized comments about gay sex, the hearing found.

He has been demoted from sergeant to constable, a move that strips him of leadership and cuts about $14,000 from his annual salary.

Fred Kamins, a retired RCMP chief superintendent who presided over the hearing, found that Smith demonstrated "no meaningful" remorse for the harm caused by his degrading remarks.

In a scathing report, Kamins found that Smith was deceptive and evasive during the investigation and ruled that the veteran officer was unfit for leadership.

Smith "crossed a line" with his words but worse, he failed to take accountability for his actions, the hearing found.

Smith's remarks — which left his subordinates feeling ostracized and isolated and undermined the credibility of the police service — must be denounced, Kamins said.

"Faced with his failings as a supervisor, and taking no action when others expressed concern about the banter, he blamed others," Kamins wrote.

"I do not believe, based on my findings above, that Sgt. Smith is fit to supervise."

The three incidents of misconduct occurred between August 2021 and July 2022, while Smith served as sergeant at the EPS Eastwood station.

During the first incident, Smith told a constable that the man could not work with Smith's crew because another member of the squad was gay. Smith made degrading comments to his subordinate, suggesting the two gay officers would engage in sexual activities in a patrol vehicle.

Smith was also sanctioned for an incident in June 2022 when he suggested that two other constables working together might engage in sex together while on the job. 

"Smith told the officer, Const. C.D., that he did not think it was a good idea for him to work with Const. E.F., but agreed 'as long as Const. C.D. could promise there would not be any hanky-panky in the car.'"

The hearing heard that a third incident happened a few days later, when Smith singled out three gay men on his squad during a pre-shift meeting known as a parade.

Smith walked in and pointed to the opposite side of the table from where the gay members were sitting and said, "I guess this is the straight side of the table."

Smith then told the three gay members — in the presence of the entire squad — that it was not every day there were three "enlightened" people on parade. He urged the men to tell their colleagues "a story," the hearing heard.

"Frankly, the comments draw to mind one glaring question," Kamins wrote. "What was he thinking making such totally inappropriate comments?

"To my mind, he was not thinking which, if possible, makes the comments even more serious, particularly when made by a supervisor to a subordinate."

'Intentionally evasive'

Smith initially denied that the first incident ever happened. He provided location tracking data from his cellphone in an attempt to prove that he was not at the station at the time.

The hearing determined that his claims were untrue and that Smith had attempted to mislead the investigation. Kamins said Smith's attempted deception during the proceedings made his misconduct more egregious.

"Smith's evidence on cross-examination demonstrated that he was either trying to be 'cute,' intentionally evasive in his responses or simply obtuse. None bode well for someone hoping to keep his rank.

"[He] compounded his omission by forcefully asserting on multiple occasions that he was not, could not, have been at Eastwood station during the noted times."

During his testimony, Smith said his comments were his efforts to be "jovial" and said his remarks were "well-timed humour" made in response to the kind of banter the constables often engaged in.

Kamins was not convinced. 

Smith failed in allowing the "banter" to continue and neglecting to correct his behaviour, Kamins found.

His efforts to transfer blame onto the men he harassed "bordered on victim blaming" and his "wilful misdirection" in giving his evidence speaks to a man unfit to lead, Kamins wrote.

A question of character

At the time of the misconduct, Smith had more than 22 years of service with the Edmonton Police Service, the last six as a sergeant. That was characterized as an aggravating factor. 

Kamins said that as a person of colour who had previously made a harassment complaint for abuse he had suffered on the job, Smith should have known better.

Kamins was not swayed by letters of recommendations commending Smith for his service and dedication to inclusion in policing.

Smith's EPS career has included work with the diversity unit and the hate crimes unit. He was recognized in 2011 with a municipal Pride Award. 

"How could the sergeant not understand that his comments were unsuitable and highly inappropriate for the workplace particularly when coming from a person of colour, someone in a supervisory position and a 'friend' of the LGBTQ+ community?" Kamins wrote.

"He demonstrated a remarkable lack of awareness of his duties and responsibilities as a supervisor." 

Smith will remain ineligible for a promotion for at least two years. He will not be allowed to move up the ranks until advancement is recommended by his supervisor and the chief of police.

He must also undergo harassment awareness training and complete any courses determined to necessary by EPS. 

"The sergeant I saw … starkly differs from the accounts submitted," Kamins wrote.

"While I recognize the significant contributions made by Sgt. Smith and the examples of his good character, I am also left with a vivid picture of an insensitive supervisor, determined to avoid responsibility and accountability."

Edmonton Police Service officials declined to comment, citing the ongoing appeal period for the sanction.