Police Supt. Mark Fenton, guilty of G20 misconduct, won't be fired or demoted

The senior police officer who ordered mass detentionsand arrests at the G20 summit in Toronto six years ago has been
reprimanded and will lose 30 paid days.

Supt. David (Mark) Fenton was sentenced today.A police tribunal convicted him last year of exceeding his
authority and discreditable conduct.

The 28-year officer was in charge when hundreds of people weredetained illegally during the tumultuous weekend summit. Those detained or arrested had asked for the officer to be fired.

The prosecution wanted a year-long demotion, while the defencehad asked for a reprimand or the docking of vacation pay.

"He was motivated by fear," said retired justice John Hamilton,who oversaw the misconduct tribunal.

"The fear did not justify the actions taken but it was relevantto Fenton's motivation ... the protection of property, the public andthe G20 delegates."

Fenton, in full dress uniform, did not immediately say anythingafter Hamilton announced the sentence.

The G20 weekend was marred by a spate of vandalism in which storewindows were smashed and two cruisers set alight. About 1,100 peoplemost peaceful protesters or innocent passersby were detained or
arrested. Many were held in deplorable conditions at a makeshiftdetention centre.

Fenton's actions were 'condoned by his superiors'

At the time, Fenton described the protesters as a "maraudinggroup of terrorists."

Fenton's conduct was "condoned by his superiors," who were wellaware of what he was doing, Hamilton said in sentencing. In fact,Hamilton noted, he was later commended by then police chief, Bill
Blair.

"His misconduct occurred under the noses of his superiors,"Hamilton said. "He should have been stopped by his superiors. Thatnever happened."

In his earlier 150-page decision, Hamilton convicted Fenton afterfinding the officer had no reasonable grounds to order thedetentions, in one case just minutes after coming on shift. Hamiltonalso said Fenton's testimony was not credible.

During sentencing arguments earlier this year, lawyers for thecomplainants said Fenton, 56, had shown no remorse and had tried toblame everyone other than himself for the trampling of civilliberties. They said he deserved to be fired for upending theConstitution and turning the downtown core into a police state.

"Dismissal would be inappropriate," Hamilton said, saying hislong exemplary career should not be judged for two mistakes madeover a trying weekend.

The prosecution had wanted a one-rank demotion for one year at acost of about $15,000 in lost pay, but Hamilton said even that wouldbe too harsh, and punish his subordinates.

Fenton's lawyer, however, argued the demotion would cost as muchas $45,000 in lost wages and pension and said it would be unfair tohold his client accountable for what he called the failings of anentire senior command that had no idea how to contain the violence.

He asked for a reprimand or forfeiture of several days pay.