Toronto officer appeals conviction over G20 conduct
TORONTO — The high-ranking Toronto police officer reprimanded for his conduct during the 2010 G20 summit is appealing his conviction.
Supt. Mark Fenton was convicted by the Ontario Civilian Police Commission of unnecessary and unlawful use of authority in the arrest or detention of hundreds of people on June 26 and 27, 2010.
Fenton was convicted in August 2015 and sentenced in June 2016 to a reprimand and the loss of 30 paid vacation days.
In a notice of appeal, Fenton asked to be found not guilty on all counts, or else be granted a new hearing, or be given another reprimand instead of lost vacation days.
“(Fenton’s) conduct that was in issue at the hearing arose in a context,” said Michael Lacy, lawyer for the superintendent.
“We made submissions at the time about the reasonableness of the officer’s behaviour, based upon the information that was known to him and also the fact that other superior officers, people he reported to, were aware of the decisions he was making.”
The document lists 14 grounds for appeal, including the argument that he had “reasonable and probable grounds” to order the arrests and was authorized to do so by “ancillary powers” granted to police during the G20 summit.
Fenton’s appeal also claims that retired justice John Hamilton, who oversaw the tribunal, did not have the jurisdiction to allow the Canadian Civil Liberties Association to participate as an intervener.
About 1,100 people were detained by police during the G20.
Downtown Toronto was beset by vandalism, with store windows smashed and two police cars set on fire, but most of the people detained were peaceful protesters or passersby.
Many were held in a makeshift detention centre and almost all were released without charge within 24 hours.
At Fenton’s sentencing, Hamilton said the superintendent’s misconduct had been condoned by his superiors, who should have stopped him.
Fenton was “motivated by fear,” the retired justice said, but that fear did not justify his actions.
The officer described protesters as a “marauding group of terrorists” at the time of the G20 summit.
He is currently the unit commander for Toronto Police 43 Division.