The lawyer for the Toronto police officer found guilty of misconduct after ordering the “kettling” of hundreds of people during the G20 says docking him no more than 10 days owed is plenty punishment for his actions during the summit.

Supt. Mark Fenton was found guilty last year of two counts of unlawful arrest and one count of discreditable conduct under the Police Services Act for ordering the kettling of people in a rain storm during the 2010 G20. Hundreds of innocent people were swept up in two mass arrests at Queen and Spadina, and near the Novotel Hotel.

His sentence is being determined at an ongoing police tribunal hearing, where the prosecution argued for a one year demotion in rank and lawyers representing people detained during the arrests said he should be dismissed.

Fenton’s lawyer Peter Brauti argued Thursday that the prosecution’s call for demotion was “too harsh” and the complainant’s call for dismissal “patently unreasonable,” and would not respect the principle of progressive discipline.

Instead he is arguing Fenton should be docked no more than 10 banked days owing to him and/or receive a reprimand.

Brauti said the 56-year-old cop had already paid a huge personal and professional price for his actions six years ago, and the hearing has had a direct result on his health and contributed to the end of his 20 year marriage.

He argued Fenton has an “exemplary police record” and is a “highly dedicated officer.”

“In 28 years he has never been the subject of one finding on either formal or informal discipline,” Brauti said.

He argued Fenton has “had to take the brunt for the failings of an entire senior command and a multi-service effort in dealing with the G20,” and any failings or mistakes that day should be seen “not as the failings of Fenton alone but rather the failings of an organization.”

He said Fenton was worried for public safety and misapprehended the law during the G20.

“This is somebody who has been plunged into chaos and been told, ‘it’s your job to stop it.’”

“That is not the same as being a hothead,” he added.

“If Fenton was making mistakes so were the people above him.”

Fenton was the only senior officer who was charged under the province’s Police Act following the June 2010 G20 summit.

The prosecution argued Wednesday that Fenton should be demoted in rank for one year from superintendent to staff inspector, and that he be reinstated as a superintendent after the year.

Prosecutor Brian Gover said Thursday that he stands by his proposed sentence.

“(Fenton) behaved like a hothead on June 26 and June 27,” said Gover.

“What we needed was a cool head to prevail.”

He added there must be “individual accountability” and “meaningful consequences when orders are given that result in the unlawful arrests of hundreds of people.”

Brauti said taking into account the impact the demotion would have on Fenton’s pension, it would cost him about $45,000 in total.

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After the hearing outside Toronto police headquarters, Brauti told reporters Fenton has “suffered a lot” from the hearing and resulting publicity.

“I don’t want to belittle what those people went through, standing in the rain for three hours, five hours, eight hours, but at the end of the day, the last thing I would want to do is lose a marriage over a decision that I made, and have health-related issues.”

The sentencing will continue on June 15, 2016.