A senior Toronto police officer found guilty of professional misconduct has lost the appeal of his conviction for twice ordering the mass arrest of hundreds during the G20 summit in 2010.

But the complainants in the case lost their own competing appeal of the officer’s formal reprimand and 30 days’ lost vacation, a penalty deemed “absurd” by one of the lawyers representing those swept up in Supt. Mark Fenton’s so-called “kettles.” They had instead sought Fenton’s dismissal.

The decision from the Ontario Civilian Police Commission (OCPC), which hears appeals of decisions made at police disciplinary hearings, upholds Fenton’s conviction in August 2015.

But the OCPC decision, released late Thursday, varies the June 2016 penalty handed down by retired judge John Hamilton, upping the number of lost vacation days from 30 to 60.

“We’re disappointed that we didn’t get the remedy we wanted and we’re considering next steps,” said Adrienne Lei, one of the lawyers representing those “kettled” at the summit.

The decision comes more than seven years, or nearly 2,700 days, since the actual G20 events. All parties have the option to appeal the OCPC’s decision to a divisional court, action that would have to be taken in the next 30 days.

Michael Lacy, one of Fenton’s appeal lawyers, said he doesn’t agree with the ultimate conclusion but respects the process.

“We are carefully reviewing the decision to determine what, if any further review, will be taken,” Lacy said in an email.

Fenton was the only senior officer convicted under Ontario’s Police Services Act for his actions at the 2010 summit, which included his so-called “kettles” — the boxing in of hundreds of people, including the notorious hours-long detention at Queen and Spadina during a torrential downpour.

Fenton was night commander when he twice ordered the mass arrests, including the Spadina kettling and another instance outside the Novotel hotel on the Esplanade.

Hamilton found Fenton guilty of three counts of misconduct but was sympathetic to the situation Fenton had inherited, which he found included unprecedented levels of property damage caused by protesters who smashed windows and lit police cruisers ablaze.

The retired judge ruled Fenton’s decision to indiscriminately box-in and arrest people was too extreme. It indicated “a lack of understanding of the right to protest,” Hamilton said.

“His use of power was not rationally connected to the purported risk to be managed,” Hamilton said, finding Fenton guilty of one count of unlawful arrest for each kettling incident.

Hamilton also found the officer did not have sufficient training to be the incident commander and should have been stopped by his superiors.

Immediately after Hamilton found him guilty of professional misconduct, Fenton issued an apology through his lawyer, Peter Brauti.

“He deeply regrets that some of those decisions led to the arrest of people who were not involved in the violence and that some people were held in the rain for hours,” Brauti said in a statement. “He would like to personally apologize to all those innocent parties that were negatively affected.”

Shervin Akhavi, who was kettled at Queen and Spadina, was pleased to hear Fenton’s apology — “what was important was that he acknowledged it.”

Akhavi and others felt the officer’s appeal then undermined the apology, something Fenton’s lawyers denied.

“He was in a position of authority, and he abused it. So, that’s all making us more determined to get justice,” Akhavi said Friday.

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Philip Abbink, one of the lawyers for the complainants, noted Fenton is reaching retirement age and could simply opt to leave the force and end the entire matter.

But he said that isn’t likely to factor into any decision about whether to appeal.

“I don’t think anybody is going to not pursue the case, hoping that he disappears,” Abbink said.

With Star filesWendy Gillis can be reached at wgillis@thestar.ca