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Misconduct charges are expected against 45 Toronto police officersinvolved in the G20 summit two years ago, including five seniorofficers, one of them the commander who gave the notorious order to"kettle" protesters. A copy of an investigative report carrying the logo of theprovincial watchdog agency, the Office of the Independent PoliceReview Director, was provided to CBC News late Thursday night byone of the 37 people who filed complaints about their treatmentduring the kettling incident. CBC News was unable to confirm itsauthenticity with the OIPRD. The report says some of the responsibility for detaining severalhundred people for four hours in the rain goes all the way to thetop, to Toronto police Chief Bill Blair and Deputy Chief Tony Warr,though it falls short of mandating charges against them. Thirty-seven people filed complaints with Ontario's policeoversight body over their treatment during the kettling. (Twitpic) But the report says operational responsibility lies with Supt. MarkFenton, one of two Toronto officers who served as "incidentcommanders" during the G20 and had control of officers in streets.He is expected to face two charges. Fenton's order to keep the group of protesters, bystanders and evensome journalists boxed in at Queen Street West and Spadina Avenue"in a severe rain storm that included thunder and lightning wasunreasonable, unnecessary and unlawful," according to the document.It violated the detainees' constitutional right against arbitrarydetention and was negligent, the 276-page report says. The commander's explanation to investigators for his decision wasthat he feared police riot squads weren't mobile enough to react to"ongoing attacks" by what he saw as "terrorists" committing acts ofvandalism in Toronto's streets. "Therefore, the tactic ofisolating, containing the movement of the terrorists/protesters wasrequired to stop the ongoing attacks and prevent new attacks," thereport quotes Fenton saying. The report indicates the OIPRD is directing Blair to charge Fentonwith two counts of misconduct under the Police Services Act:unlawful exercise of authority and discreditable conduct. The charges under the Police Services Act are not criminal andamount to internal discipline, which can result in docking of payto outright dismissal. None of the out-of-town police officersbrought in to help Toronto police was charged. The watchdog agency investigated nine other officers' conduct inrelation to the June 27, 2010, kettling incident, but charges werenot substantiated against any of them. The OIPRD tabled a separate public report on the G20 releasedWednesday that concluded a "turning point during the summitweekend came late Saturday, June 26, when Warr implored Fenton to"take back the streets." OIPRD director Gerry McNeilly says that following thoseinstructions the Major Incident Command Centre (MICC) structurebroke down, as the night incident commander (Fenton) launched an"autocratic" and "dysfunctional" crackdown ordering mass arrests ofprotesters. Some front-line officers, according to McNeilly, ultimatelydisregarded Fenton s orders at the kettling and let some peopleout of the ring of riot squad officers, including those withmedical emergencies. He noted records of one officer stating ofFenton, "He s maniacal this MICC, he's maniacal." Fenton could not be reached for comment and did not respond toemails from CBC News on Thursday night. He has not had anopportunity to respond to the report or the expected disciplinarycharges against him. 45 police expected to face charges Three or four of Fenton's fellow senior officers, and about 40other Toronto police, are also expected to face charges by the timethe oversight body wraps up its investigation of G20 policing. CBC News has learned that to date the OIPRD has ordered Blair to charge 28 of those officers , but the agency is expected to direct him to lay more countsagainst another 17, including Fenton, bringing the total number ofofficers facing discipline hearings to 45. The Toronto Star reported early Friday that two of those seniorofficers found to have committed misconduct are the pair who werein command of the mass detention centre on Eastern Avenue, wherehundreds of arrested people were held during the G20 weekend. Gerry McNeilly, chief of Ontario's Office of the Independent PoliceReview Director, is heading up a series of reports into thetumultuous G20 protests in Toronto during June 2010. (Dave Seglins/CBC) Some details of the OIPRD proceedings surfaced this week atOntario s Divisional Court when Toronto s police union attemptedto have the cases dismissed due to delays. A panel of three judgesrejected the application brought by the union on behalf of eightofficers two accused of using unnecessary force on prisoners andsix accused of conducting illegal arrests. They are now expected toappear before tribunals on June 19 and July 24. The news of the disciplinary charges comes on the heels of therelease on Wednesday of the OIPRD's scathing systemic review ofoverall policing of the G20 summit, during which the agency sayssome officers used "excessive force" to crack down ondemonstrations as more than 1,100 people were rounded up in thestreets. When he released his review, McNeilly told reporters that his teamof investigators was also probing allegations against specificofficers. He said 350 individuals filed complaints relating to G20policing, and his office substantiated 107 of them, determining 97were "serious." An OIPRD spokesman later explained that some of the complaintsinvolved the same incidents and the same officers. Criminal charges The OIPRD proceedings against individual officers add to numerousdisciplinary charges already laid by Blair on his own initiativeagainst officers caught removing their name tags during G20demonstrations. In addition, criminal charges were laid against two Torontoconstables by Ontario's Special Investigations Unit, which probesserious injuries or deaths involving police. The SIU charged Const. Babak Andalib-Goortani with assault with a weapon in connection with an incident atQueen's Park in which protester Adam Nobody suffered a brokencheekbone in a violent takedown captured on video. He faces asecond count of assault with a weapon stemming from anotherincident at the same protest in which a woman was hit with a baton. And Const. Glenn Weddell stands accused of assault causing bodilyharm after 30-year-old Dorian Barton's arm was broken while he wasphotographing police during a protest. Kettling incident was caught on video:. 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