Windsor Police Officer Avoids Criminal Record for Harassment

A male officer from the Windsor Police Service has avoided a criminal record after confessing to making disturbing phone calls to a female colleague. Constable Joshua Smith, 41, admitted in court that his anonymous calls were “unacceptable,” “terrifying,” and a “dirtbag move.” The incident occurred in September 2023, leading to charges of criminal harassment and indecent communications.

During a sentencing hearing, the female officer, who received the calls, described feeling “disheartened, fearful, outraged, and repulsed” by the experience. Her victim impact statement highlighted the emotional toll of being targeted by what she referred to as a “sexual deviant.” The court heard that Smith made the calls during times he knew she would not be working, and the nature of the calls included heavy breathing and sounds indicating sexual misconduct.

Judicial Response and Sentencing Details

Ontario Court Justice Richard Schneider acknowledged the gravity of Smith’s actions but ultimately characterized the situation as “a very unfortunate episode” in the life of a man who otherwise possesses good character. The defence, represented by lawyer Shane Miles, argued that Smith was in an emotional turmoil following a divorce and dealing with undiagnosed attention deficit hyperactivity disorder (ADHD). Since his arrest, Smith has sought counselling and treatment for his condition.

Miles presented six letters from character witnesses who described Smith as a compassionate father, dedicated officer, and a positive role model in the community. One letter emphasized that the calls were an “isolated event during a very bad time.” In contrast, Crown attorney Heather McIntyre argued that Smith’s behaviour was calculated, stating, “This is anything but impulsive… this woman was targeted.”

The victim also expressed her concerns in court, stating that the harassment only ceased after police identified and arrested Smith. She asserted that he should not hold a position of authority within the police force, calling attention to the importance of setting a precedent against such misconduct.

Outcome and Implications

The Crown did not seek a jail sentence but requested a two-year suspended sentence, a probation period, a five-year weapons ban under Section 110, and a DNA order. In response, the defence sought a conditional discharge, emphasizing Smith’s previously unblemished record and expressed remorse.

Justice Schneider ultimately granted a conditional discharge, which allows Smith to avoid a criminal conviction while still being held accountable for his actions. He specified that Smith could only use firearms or other weapons during work hours as part of his two-year probation. This outcome means that Smith retains his position within the police force, although the Windsor Police Service indicated that they would address the matter internally.

Following the ruling, Smith expressed his profound apologies to the victim, her family, and the community. He noted that he has also been subjected to unwanted calls, which he described as “terrifying.” “I am so sorry that this happened… this is unacceptable,” he stated.

This case raises important questions about accountability and the behavior of police officers, emphasizing the necessity for transparency and appropriate responses to misconduct within law enforcement.