“The decision to order mass arrests demonstrated a lack of understanding of the right to be protest. … His use of power was not rationally connected to the purported risk to be managed.”
On the stand, Fenton assumed what’s commonly called the Nuremberg defence — just following orders from a superior.
But whose order, really?
Whether it came from Blair is a crucial detail we may never know. Hamilton ruled that the chief could not be subpoenaed to testify because the Police Services Act didn’t allow it; Blair could not be compelled to testify, as lawyers representing the complainants had sought, because, technically, the chief is the hearing’s officer, with Hamilton his designated representative.