When Mark Fenton took charge of a police command centre on June 27, 2010, Toronto was in a state of nervous disarray.
The day before, thousands of people had taken to the streets to protest the G20 meeting of world leaders. A militant minority had roamed all but unchecked through downtown, smashing windows, burning police cars and hurling projectiles at police officers.
Police were worried about a crowd that had reached the intersection of Queen and Spadina, a few blocks from City Hall. Reports came in that militants might assault the security fence protecting G20 dignitaries.
Superintendent Fenton, a veteran commander who had immigrated to Canada from Ireland in 1982, took a fateful decision. He ordered police at the scene to surround the crowd. What followed became the most controversial episode of the G20 weekend: the "kettling."
Within five minutes of Supt. Fenton's order, the crowd was boxed in, or kettled, in the centre of the intersection, with walls of police on all four sides. Then the weather started to change. The sky grew dark as rain clouds moved in. The temperature dropped, turning the warm air chilly. It started pouring.
Scores of people, many of them peaceful protesters or innocent passersby, were left standing in the deluge, confused and afraid, as police moved in to make mass arrests. As the judge in Supt. Fenton's case puts it, "Soaking wet police officers at Queen and Spadina made efforts to move soaking wet members of the crowd at Queen and Spadina under storefront awnings. Police officers had to complete paperwork in the rain."
It wasn't until 9:43 p.m. that police chief Bill Blair, unhappy with the situation, told Supt. Fenton to wrap up the operation and release everyone in the intersection, but by that time police had already taken many to the makeshift police detention centre, where some spent a miserable night.
Who was to blame for this chaotic affair and what should the penalty be? Lawyers hashed out the issue on Wednesday and Thursday in an auditorium at police headquarters. Last summer, Supt. Fenton was found guilty under the Police Services Act on two counts of unlawful arrest and one of discreditable conduct for his role in policing the G20 weekend, including the Queen and Spadina incident and another mass arrest at the Novotel hotel. Now the retired judge who brought down that verdict must decide on a sentence. He is to announce it on June 15.
It's not an easy call. By all accounts, until that crazy night in June Supt. Fenton was an exemplary officer who moved steadily up the ranks without a spot on his record through two decades of service. After all the violence, he faced heavy pressure to "take back the streets." "Black bloc" activists responsible for much of the mayhem were still a threat and police commanders feared further outbreaks.
On the other hand, what happened at Queen and Spadina was a disgrace. The memory of it still hangs over the Toronto police six years later. Supt. Fenton is the first senior officer to be held to account. He was in command and he should face the music.
Lawyers for some of those rounded up during the G20 want him sacked. They say he grossly abused his authority, turning Toronto into a "police state." That seems excessive. He made a bad call, but there was no malice in his action. This is not a case of police corruption or brutality, just terrible judgment. After last summer's verdict, he offered an apology to the innocent people who were caught up in the sweep.
His own lawyers say that Supt. Fenton, 56, has already suffered enough. His 20-year marriage has failed and his health has been affected. His reputation has been clouded by the media coverage. Docking him a few days pay would be enough punishment.
That seems far too lenient. Overriding the rights of Canadians, even under pressure and with the intent of protecting public safety, is no small thing. Justice John Hamilton found there was no breach of the peace in progress or even "an iota of evidence" of a conspiracy to commit mischief when Supt. Fenton ordered the mass roundup. The officer "was focused on the here and now" and had "no regard for the rights of peaceful protesters to protest on the street."
Lawyers for the prosecution suggest a year's demotion for Supt. Fenton would fit the infraction. That seems the very least he should face. A message needs to be sent, not just to Supt. Fenton but to police across the country: Even in tense times when rounding 'em all up seems the safest thing, citizens' rights need to be at the top of every police commander's mind.
Marcus Gee