G20 officer Mark Fenton appeals his conduct conviction - Action News
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Toronto

G20 officer Mark Fenton appeals his conduct conviction

The high-ranking Toronto police officer reprimanded for his conduct during the 2010 G20 summit is appealing his conviction.
Supt. Mark Fenton, the high-ranking Toronto police officer reprimanded for his conduct during the 2010 G20 summit, is appealing his conviction. (Colin Perkel/Canadian Press)

The high-ranking Toronto police officer reprimanded forhis conduct during the 2010 G20 summit is appealing his conviction.

Supt. Mark Fenton was convicted by the Ontario Civilian PoliceCommission 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 toa reprimand and the loss of 30 paid vacation days.

In a notice of appeal, Fenton asked to be found not guilty on allcounts, or else be granted a new hearing, or be given anotherreprimand instead of lost vacation days.

"[Fenton's]conduct that was in issue at the hearing arose in acontext," said Michael Lacy, lawyer for the superintendent.

"We made submissions at the time about the reasonableness of theofficer's behaviour, based upon the information that was known tohim and also the fact that other superior officers, people hereported to, were aware of the decisions he was making."

Fenton had 'reasonable grounds' to order arrests, appeal will argue

The document lists 14 grounds for appeal, including the argumentthat he had "reasonable and probable grounds" to order the arrestsand was authorized to do so by "ancillary powers" granted topolice 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 theCanadian Civil Liberties Association to participate as anintervener.

About 1,100 people were detained by police during the G20.Downtown Toronto was beset by vandalism, with store windowssmashed and two police cars set on fire, but most of the peopledetained were peaceful protesters or passersby.

Many were held in a makeshift detention centre and almost allwere released without charge within 24 hours.

At Fenton's sentencing, Hamilton said the superintendent'smisconduct had been condoned by his superiors, who should havestopped him.

Fenton was "motivated by fear," the retired justice said, butthat fear did not justify his actions.The officer described protesters as a "marauding group ofterrorists" at the time of the G20 summit.

He is currently the unit commander for Toronto Police 43Division.