Durham Constable Docked 60 Hours Pay for Backing Wife’s Support of Freedom Convoy

Clay Harnum suggested supporters email chief of police to protest wife's discipline

Protesters stand on the back of a truck during the Freedom Convoy demonstrations against COVID-19 vaccine mandates and other restrictions on Parliament Hill in Ottawa on Jan. 29, 2022. (The Canadian Press/Adrian Wyld)

Constable Clay Harnum, a Durham, Ontario, police officer, has been docked 60 hours of pay after pleading guilty to discreditable conduct on Oct. 5 at a police disciplinary hearing. One count of insubordination was withdrawn by the Crown.

Harnum was charged in relation to an Instagram post on Jan. 6, which had a photo of his wife in her police uniform with the caption, “Freedom of Speech is Essential. Please show your support for Constable Erin Howard.” The post included the work email address for the Durham chief of police, Todd Rollaueur.

Harnum, a police officer for 23 years in good standing, former soldier, and Afghanistan veteran, suggested people could send the chief messages of support for his wife, a constable also with Durham, who was facing discipline proceedings for public support of the Freedom Convoy in Ottawa.

Harnum’s wife was charged under the Police Act, with six charges including discreditable conduct and insubordination, after a Jan. 24 Facebook video she posted in which she shared her views on the convoy while in uniform, and for comments she allegedly made about the police force at a November 2021 Toronto freedom rally.

500 Emails

“I wanted to give a shout-out to all the truckers. I think what you guys are doing is incredible,” Howard said in the video. “You’re fighting for our rights and freedoms, and, right now, it feels like we’re a little bit at war and those rights and freedoms are at stake.” Howard said the protesters were “true heroes” and said she planned to speak in Ottawa on behalf of Police on Guard, a freedom-oriented organization of retired and serving police officers. Her husband is also a member.

The police service first said that Howard’s views “do not reflect the views and opinions of DRPS. We are currently looking into this matter.” Later, the police service alleged her video breached the force’s social media policy and put the profession in disrepute and laid charges. Her next hearing is on Dec. 6.

After Harnum’s post on social media, the chief of police received more than 500 emails regarding Howard, and the police service had to conduct a time-consuming “threat assessment.”

A two-day hearing was held on Oct. 12 and 13. The police service requested Harnum be fined 90 hours in pay. The constable’s lawyer, Sandy Khehra, asked the court for a reprimand only.

The police service’s social media policy requires that postings “not jeopardize the integrity and reputation of the service, the integrity of investigations or the reputation or safety of the member or other persons.”

Supporting His Wife

Harnum posted on his private account. During the hearing before Ontario Provincial Police adjudicator Superintendent Morris Elbers (retired), evidence was provided that he was a good police officer, and had been respectful at all times during his service and the investigation.

Harnum’s lawyer argued the constable was supporting his wife, the post was not offensive, and he did not intentionally deceive the police service.

Elbers said he recognized the constable was supporting his wife’s actions as it relates to free speech, but did so as a uniform employee. Elbers said Harnum “is a well spoken individual who got caught up with emotion relating to his wife’s issues with the Service. He is well respected, a hard working and dedicated officer with no disciplinary record.”

Elbers also said that there was a lack of professionalism, judgment, and courtesy in publishing the chief’s email address. “The rank structure within the Durham Regional Police Service is the backbone of the organization. It must be respected,” said the hearing adjudicator.

“The waste of time that was created in the Chief’s office to address the emails and then forward them for investigation is certainly an aggravating factor to consider,” said Elbers.

Ultimately, Elbers ordered that Harnum would forfeit 60 hours of paid work, meaning he would either come into work on scheduled days off or annual leave days, and work the prescribed hours without pay. His commanding officer was left to determine the timeline to complete the 60 hours, but Elbers recommended it be six months.