Deputy police chief won't face internal discipline for stunt driving charge, board chair says

Windsor police Deputy Chief Jason Crowley will not face any internal discipline after being charged with stunt driving last year, CBC News has learned.

Mayor Drew Dilkens, the police board chair, said Crowley "has gone through enough" and the board is not considering any disciplinary actions against Crowley for his actions.

But the Windsor Police Association (WPA) said Crowley's actions damage the reputation of the service and undermine public trust, and disciplinary action should be considered.

"I strongly urge the Windsor Police Services Board to take decisive action in holding deputy chief Crowley accountable, just as it would any other member whose actions risk discrediting the service," said WPA president Kent Rice.

"Adhering to these standards is essential for restoring public trust and maintaining the integrity of our police service."

In the early-morning hours of Jan. 7, 2023, Crowley was pulled over in his personal vehicle for travelling 111 km/h in an area with a speed limit of 70 km/h in Amherstburg, a community Windsor police oversees.

The constable who pulled him over didn't lay a charge, impound his vehicle or suspend his licence as is required under the Highway Traffic Act.

At the end of the day, I think deputy chief Crowley has gone through enough.- Drew Dilkens, Windsor police board chair

An investigation by the Ontario Civilian Police Commission (OCPC) found there were "several misunderstandings" when it comes to what officers can consider mandatory and discretionary.

The OCPC also found everyone acted in "good faith" and is recommending additional training.

However, the external investigation did not reference possible discipline for Crowley. Those decisions are typically left up to the board that oversees the conduct and employment of chiefs and deputy chiefs.

Crowley could not be reached for comment.

"We have no statement to make at this time," said Windsor police communications director Gary Francoeur.

Such inconsistency not only fosters division but also creates perceptions of hypocrisy and unfair treatment.- Kent Rice, Windsor Police Association president

Dilkens said Crowley has already faced consequences for his actions. He points to the outcome of the OCPC investigation and the fact Crowley pleaded guilty to speeding in court, resulting in a fine of $352.

"We're not going to pile on here. We understand what happened, we understand, as the OCPC report shows, an officer made an error and made a miscalculation in terms of what the law was," said Dilkens.

"At the end of the day, I think Deputy Chief Crowley has gone through enough. I think the board feels the same way and we're happy that the OCPC [investigation] has been concluded," he added.

2-tired system, says police union

However, the WPA points out the OCPC investigation only examined why Crowley wasn't issued a ticket.

"The fundamental issue of his conduct that has damaged the reputation of the service remains unaddressed," said Rice.

Historically, Rice said, officers who violate the service's code of conduct and damage the organization's reputation are charged with discreditable conduct under the Police Services Act.

In what Rice refers to as a lack of internal accountability within the service, he called it "troubling to observe what seems like a two-tiered system of discipline."

"Such inconsistency not only fosters division but also creates perceptions of hypocrisy and unfair treatment. This perceived favouritism undermines the credibility of the board and erodes trust among service members and the community," he said.

Speaking generally, and not about the specifics in this incident, the Police Association of Ontario, the body representing police unions across the province, said there aren't "consistent outcomes" when police violate the Highway Traffic Act.

"Police chiefs across the province inconsistently apply Highway Traffic Act violations to the Police Officer Code of Conduct," said president Mark Baxter.

"To be fair and transparent, members and leadership across police services in the province should face the same expectations and outcomes for violating the Highway Traffic Act rules like speeding while off the job," he added.

"Community members expect everyone from leadership to members to respect the rules of the road, and we know police members work hard to build that trust with the communities they serve."

Here's a timeline on how this unfolded:

• Jan. 7, 2023 — Deputy Chief Jason Crowley is pulled over for stunt driving by an officer who knew it was his superior, according to the OCPC.
• Feb. 21, 2023 — CBC News files a Freedom of Information request after independently learning of the incident.
• Feb. 25, 2023 — In a news release seven weeks after the incident, Windsor police publicly announces Crowley has been charged with stunt driving.
• Feb. 27, 2023 — CBC News publishes an article about the incident, raising questions.
• March 3, 2023 — The Windsor Police Services Board asks the OCPC to conduct an investigation into the incident. The OCPC asked the OPP Commissioner as well as the chief of the Peel Regional Police Service. The OCPC says both declined because of "previous direct involvement" in this matter.
• May 15, 2023 — Crowley pleaded guilty to speeding and issued a fine of $352.
• July 2, 2024 — The OCPC sends the Windsor Police Services Board the findings of its completed investigation.
• Aug. 22, 2024 — The Windsor Police Services Board publishes a copy of the OCPC findings.