Posted: Sat Dec 10, 2016 8:06 pm Post subject: Kettled G20 protesters appealing senior cop's penalty
Kettled G20 protesters granted leave to appeal senior officer’s penalty
By ALYSHAH HASHAMStaff Reporter
Sat., Dec. 10, 2016
The hundreds of G20 protesters who were corralled, detained and arrested by Toronto police on the orders of Supt. Mark Fenton have been granted leave to appeal Fenton’s penalty, claiming it is far too lenient.
Fenton was found guilty of three charges under the Police Services Act for his decision to “kettle” and mass arrest demonstrators outside the Novotel hotel on the Esplanade and at Queen St. W. and Spadina Ave on the notorious June 2010 weekend.
He was sentenced in June to a formal reprimand and docked him 30 days of vacation.
In rulings released this month the Ontario Civilian Police Commission allowed protesters from both the Novotel incident and the Queen and Spadina incident to appeal the penalty imposed by retired Judge John Hamilton.
It was “grossly disproportionate having regard to the serious scale and nature of the respondent officer’s deliberate violation of the Charter rights of the complainants and hundreds of other persons, their unlawful arrest and detention and his lack of insight into his wrongdoing,” the Novotel complainants argued, according to the commission’s decision.
They say Fenton should be demoted for a year and retrained, the Queen and Spadina complainants say he should be fired.
Fenton, the only senior officer who faced disciplinary charges for his conduct during the G20 weekend and one of the few officers to face any consequences, argued that the penalty he received was fair given that he “was placed in command under immense pressure in very extreme unprecedented conditions with public order breaking down and severe violent acts occurring in downtown Toronto.”
This shows how broken the administration of justice in Ontario is. This should not be a case under the Police Act, it ought to be a criminal code violation. A false arrest is the equivalent, in law, of a assault. This is like an assault on hundreds of people.
It isn't just this flatfoot's responsibility. The police don't build special 'holding rooms' for detainees without someone higher up -- maybe you, Bill Blair? -- signing off on it.
I know, I know, Canadian Conservatives don't give a rat's butt about things like the 'rights' of ordinary citizens and 'due process' -- they seem to think that they are some odious thing from the USA, and therefore, despised.
The thing is -- the crowd, even the protesters, were not doing anything wrong. They were told it was OK to protest as long as they didn't attack a fence constructed to block off King Street, These people were often arrested blocks away from that fence, and even those who were at the fence were not trying to break it down or climb it. The arrests were under some World War II regulation designed to keep saboteurs away from the fences protecting things like munition plants.
Not hundreds of young people, only some of whom were really protesting. There were a lot of baby strollers there.
It was, I believe, cooked up between David Miller, Bill Blair, and Dalton McGuinty. It says a lot that this has dragged on since 2010 to come to this point. Speedy trials are (laughably) guaranteed us by the (laughable) Charter.
Charter rights don't mean anything if this is the way they are enforced. And it is.
What we are seeing here is the truly guilty getting away with it again!
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum You cannot attach files in this forum You cannot download files in this forum