Fenton reprimanded, docked 30 days for G20 ‘kettling’
‘Ludicrous’ sentence for misconduct disappoints victims of mass arrests
Hundreds of protesters illegally detained. Three counts of misconduct. And six years later, the sole senior Toronto police officer convicted for his actions at the infamous G20 summit will receive a formal reprimand and lose 30 days’ vacation.
Sitting silently in his dress uniform as retired justice John Hamilton read out his sentencing decision in a packed Toronto police headquarters auditorium, Supt. Mark Fenton let out an audible sigh when Hamilton ruled he could keep his job — contrary to the wishes of those detained for hours in Fenton’s now-notorious “kettles.”
For three counts of misconduct under the province’s Police Services Act for ordering two mass arrests — including the prolonged boxing-in at Queen and Spadina during a torrential downpour — Fenton will instead lose 30 vacation days and receive an official reprimand.
As the veteran officer received hugs and handshakes from colleagues, those who say his actions that June 2010 weekend left them forever altered and disillusioned.
“The process is ludicrous, absolutely ludicrous, and doesn’t bring any closure to what happened, and certainly doesn’t bring any justice,” said Paul Cavalluzzo, a lawyer for some of the complainants and the Canadian Civil Liberties Association.
“A reprimand for violating the charter rights of hundreds of Canadians? That’s absurd.”
Lawyers for the complainants will consider whether to appeal Hamilton’s sentencing decision to the Ontario Civilian Police Commission.
Among the first things they will examine is Hamilton’s January 2015 decision that former Toronto police chief Bill Blair could not be compelled to testify at Fenton’s disciplin- ary tribunal.
Lawyers for the complainants had made a last-ditch effort to subpoena the top cop to answer questions about his role in the orders to kettle hundreds during the G20, arguing it was necessary because Fenton was giving the “Nuremberg” response that he was following orders.
But Hamilton ruled Blair could not be compelled to testify because the Police Act does not allow it.
More than a year later, Hamilton gave significant weight to Fenton’s misconduct “occurring under the noses of his superiors.”
His actions “would not have occurred had his superior officers stepped in and regrouped when command was turned over to Fenton,” Hamilton ruled.
Adrienne Telford, one of the lawyers representing people who were kettled, said Fenton’s case “highlights a flaw in the whole disciplinary proceedings.”
“That part of the process really needs to be addressed,” said Lucius Dechausay, who was kettled at the G20. “You can’t have somebody who does not have to take part in the process that can then be allowed to be the defence of the complainant.”
In his ruling, Hamilton found that Fenton did not have adequate training to be the incident commander in the situation he faced and “should have been stopped by his superiors.”
The judge noted his public apology was “a genuine indication of remorse” and called the findings of misconduct against Fenton a “black mark on an otherwise commendable career.”
Hamilton said in his written ruling in August that Fenton’s decision to order mass arrests “demonstrated a lack of understanding of the right to protest.”
Peter Brauti, Fenton’s lawyer, said his client has mixed emotions but is mainly relieved the process is now winding down to an end “because he’s had to endure for six years.”
“The tribunal recognized that this wasn’t the failing of one man. There were obviously mistakes that were made during the G20. They were systemic errors, but they were systemic errors in an unprecedented situation,” Brauti told reporters outside Toronto police headquarters.
“I was happy that the tribunal acknowledged that.”
The prosecution had asked for a one-year demotion from superintendent to staff inspector, which would represent the loss of about $10,000 to $15,000 in salary.
But Hamilton ruled that a demotion would punish Fenton’s subordinates at Scarborough’s 43 Division, where he is currently a superintendent. The judge said officers who answer to him would “lose the benefit of Fenton as the commander of 43 Division. By all accounts he has been a strong and supportive leader there.”
Fenton, a 27-year veteran of the Toronto Police Service, was the only senior officer charged under the province’s police act for his actions during the summit and one of just a handful of officers to see any consequences. With files from Jennifer Pagliaro. Wendy Gillis can be reached at wgillis@thestar.ca