Toronto Police Chief Bill Blair cannot be compelled to testify at the disciplinary hearing of Superintendent David (Mark) Fenton over his actions during the G20 summit four years ago.Fred Lum/The Globe and Mail
Toronto Police Chief Bill Blair cannot be compelled to testify at the disciplinary hearing for an officer accused of misconduct during the G20 summit four years ago, a retired judge ruled on Wednesday.
"I find Chief Blair is not a compellable witness at this hearing," said John Hamilton, who is presiding over the proceedings.
Mr. Hamilton ruled that Chief Blair cannot be forced to appear as a witness because he effectively controls the tribunal under the Police Services Act. The law allows him to delegate his authority to a retired judge, which he did in this case, but Mr. Hamilton said the chief maintains the status of a hearing officer.
"Procedural fairness would be trampled on" if Chief Blair were summoned to testify, Mr. Hamilton said.
Lawyers for several complainants involved in the disciplinary hearing of Superintendent David (Mark) Fenton argued that it was vital that Chief Blair testify about any role he played in ordering or approving of the "kettling" incidents that occurred during the 2010 summit. Supt. Fenton, who is the highest-ranking Toronto officer to face charges relating to the G20, faces five charges under the Police Services Act, including unlawful arrest and discreditable conduct.
"I'm disappointed in his ruling," said lawyer Paul Cavalluzzo, who represents two complainants who requested Chief Blair's testimony.
"However, that does not mean that Chief Blair cannot come and voluntarily testify to clarify what in fact he approved because as it stands now … the evidence is that Mr. Fenton says that the Chief approved of his kettling and boxing in hundreds of Canadians who were peacefully protesting."
Mr. Cavalluzzo also called on the provincial government to amend the Police Services Act to ensure there is "accountability to the public when the chief's conduct is an issue."
After a minority of protesters became violent during the summit weekend, Supt. Fenton ordered officers to box in demonstrators in front of a hotel and at a downtown intersection during two separate incidents that were part of the largest peacetime arrests in Canadian history.
When Supt. Fenton took the stand in his own defence in mid-December, he said his superiors were fully aware of the manner in which he had ordered the arrests to take place and had not stopped him from proceeding. He noted that Chief Blair thanked him after the first incident for "saving the city."
It was after hearing those details of Supt. Fenton's testimony that lawyers for several complainants decided that they wanted to call on Chief Blair and former deputy chief Tony Warr to test Supt. Fenton's statements.
In his ruling Wednesday, Mr. Hamilton found that Mr. Warr's testimony was not relevant.
Mark Pugash, a spokesman for Chief Blair, declined comment, noting the proceedings against Supt. Fenton are continuing.
Chief Blair, whose contract ends in April, is considered a possible star candidate in the upcoming federal election.
With a report from The Canadian Press.
Jill Mahoney