1)
http://www.thespec.com/News/Local/article/552634
Crown quizzes Caledonia man
April 22, 2009 Barbara BrownThe Hamilton Spectator(Apr 22, 2009)
A prosecutor contends Caledonia activist Gary McHale was attempting to incite civil disobedience by encouraging a longtime resident of the town to organize a road blockade outside a native smoke shack.
McHale, who is representing himself on a charge of counselling mischief not committed, was back in a Hamilton courtroom yesterday. Ontario Court Justice Bernd Zabel, who is presiding at the Binbrook man's preliminary hearing, must ultimately determine if the Crown has sufficient evidence to order McHale to stand trial.
The charge arises from an incident on Dec. 1, 2007, when a protest over a native-run smoke shop erupted in violence. The protest occurred outside the shop at the end of Argyle Street South.
Caledonia resident Doug Fleming, who organized the protest, was called as a witness yesterday by Crown counsel Mitchell Hoffman. Fleming has publicly criticized the OPP for its handling of native protests over land claims and the illegal sale of cigarettes by native-run businesses operating outside the Six Nations reserve.
In 2007, Fleming began peddling contraband cigarettes from the back of his truck to protest two native smoke shops on Highway 6. He says he wanted to challenge the OPP to deal with his flagrant breaches of the law, but they responded by simply ignoring him.
On the day of the protest, a large group of people, including some from town and the reserve, milled about outside the smoke shop. Their numbers grew as the day wore on, said Fleming, who told court the police presence, in his opinion, was not enough to quell potential hostilities.
When Fleming saw a truck parked across the road and blocking traffic, he decided to do the same. He said police urged him to move his vehicle, promising they would arrange a meeting with a senior-ranking officer so he could air his concerns.
A reporter with the Turtle Island News recorded part of a conversation between McHale and Fleming.
Hoffman played that tape yesterday. Among the cries from onlookers who were urging Fleming not to move his truck, the videographer's microphone picked up McHale telling the witness: "Doug, you've got to ask other people to do the same (block the road)."
"Do the same?" asked Fleming, seeking confirmation.
"Do the same," repeated McHale. "Get their cars out. So what, it's only a breach of peace for two hours."
During his questioning of Fleming, McHale asked if anyone else there had offered him advice.
"I got advice from hundreds that day," replied Fleming.
Did any other people get charged with counselling mischief not committed, asked McHale.
"I don't think any," said Fleming.
OPP Commissioner Julian Fantino, who was called as a witness by McHale in late November, is expected to return to the witness box today to complete his testimony.
bbrown@thespec.com
905-526-3494
2)
http://www.thespec.com/News/BreakingNews/article/552865
Fantino wrote reference for accused McHale attacker
document.
Native protester Clyde Powless was charged
April 22, 2009 Barbara Brown
OPP Commissioner Julian Fantino says he stands by a letter of character reference he wrote for a native protester who was charged with assaulting Caledonia activist Gary McHale.Read copy of the letter
Fantino was a reluctant defence witness today at the trial of McHale, who is charged with counselling mischief not committed. McHale is accused of encouraging a Caledonia man to organize a road blockade outside a native-run smoke shop during a protest at the site, located on Argyle Street South at Highway 6 on Dec. 1, 2007.McHale, who is representing himself on the charge, is attempting to show that Fantino felt animosity for him and therefore unfairly targeted him for arrest on the day of the protest.McHale filed as an exhibit at his preliminary hearing, a letter of character reference that Fantino wrote to the courts on behalf of a native activist, Clyde Powless, who was charged with an assault on McHale on the day of the smoke-shack protest.“Do you still confirm what you say in this letter?” McHale asked the province’s top police officer.“Yes, I do,” Fantino told the accused man.The commissioner’s letter states: “Although I am not in a position to address the specific circumstances that resulted in criminal charges being brought against Mr. Powless, I do feel that but for Mr. McHale’s mischief-making forays into Caledonia, the very volatile situation that exists there would not have escalated time and again as it has virtually every time Mr. McHale came to town.”Ontario Court Justice Bernd Zabel is presiding at the preliminary hearing and must eventually decide if the Crown has sufficient evidence to order McHale to stand trial on the mischief charge.
3)
Ontario's top cop grilled by activist he had charged at violent land-claim protest
http://www.google.com/hostednews/canadianpress/article/ALeqM5h3kMMySNI2DOozAvSikl7nah9fUA
HAMILTON, Ont. — Ontario's top cop is being grilled by an activist he had charged with attempting to incite civil disobedience at a protest that turned violent.Gary McHale, who is representing himself at his preliminary inquiry, is questioning provincial police Commissioner Julian Fantino over the charges that flowed from the incident on Dec. 1, 2007 in Caledonia, Ont.Fantino insisted that McHale was an agitator who baited police.He accused McHale of being behind various violent confrontations involving First Nations who occupied a building site, town residents and police.Ontario Court Justice Bernd Zabel must decide if McHale, of Binbrook, Ont., should stand trial on a charge of counselling mischief not committed.The Crown maintains McHale encouraged a longtime resident of the community to organize a road blockade outside an aboriginal smoke shack that day.Court heard that on the morning of Dec. 1, Fantino responded to an email from one of the on-scene officers who said McHale was "agitating.""At some point, McHale has to go," Fantino wrote in an email."It was time for you to be removed," the police chief said Wednesday in response to McHale's questioning about the note."My interpretation was and is that but for you, things would have been peaceful."
Copyright © 2009 The Canadian Press. All rights reserved
Wednesday, April 22, 2009
Thursday, April 2, 2009
More private Prosecutions March 09
Note: The text has been removed due to a Copyright complaint. The following link to the source has been added instead.
http://www.marchforfreedom.com/smf/index.php?PHPSESSID=8a6ba770bea08018246bca9b7b91c7ad&topic=406.0
http://www.marchforfreedom.com/smf/index.php?PHPSESSID=8a6ba770bea08018246bca9b7b91c7ad&topic=406.0
Wednesday, April 1, 2009
OPP charges from Parkinson (McHale's buddy) stayed
http://thespec.com/News/Local/article/537215
Caledonia OPP mischief charges stopped
Not in public interest to persecute officers: Crown
March 26, 2009
The Hamilton Spectator
Two OPP officers were cleared of wrongdoing yesterday after private charges laid against them were stayed.
Constables Christopher Galeazza and Rick Fraracci appeared in Cayuga court to face mischief charges laid by Jeff Parkinson, the author of the blog Caledonia Wake Up Call. Parkinson alleged the two officers helped build a fence to keep a developer from getting access to his property in May 2007.
The charges were stayed after Crown attorney Dave King suggested it wasn't in the public interest to persecute the officers, Parkinson said.
Parkinson fought for two years to have the officers charged and ultimately took the battle to the Superior Court. He said he may appeal yesterday's court decision to stay the charges.
Caledonia OPP mischief charges stopped
Not in public interest to persecute officers: Crown
March 26, 2009
The Hamilton Spectator
Two OPP officers were cleared of wrongdoing yesterday after private charges laid against them were stayed.
Constables Christopher Galeazza and Rick Fraracci appeared in Cayuga court to face mischief charges laid by Jeff Parkinson, the author of the blog Caledonia Wake Up Call. Parkinson alleged the two officers helped build a fence to keep a developer from getting access to his property in May 2007.
The charges were stayed after Crown attorney Dave King suggested it wasn't in the public interest to persecute the officers, Parkinson said.
Parkinson fought for two years to have the officers charged and ultimately took the battle to the Superior Court. He said he may appeal yesterday's court decision to stay the charges.
McHale/CANACE plan new Rally --- April 19th, 09
http://www.caledoniawakeupcall.com/canace/Caledonia-Apr19.pdf
Mar 19, 2009 VIA EMAIL, Fax
Ontario Provincial Police Commissioner
Julian Fantino
Phone: 705-329-6199, Fax: 705-329-7593
Julian.Fantino@jus.gov.on.ca
Premier
The Honourable Dalton McGuinty Phone: 416-325-1941, Fax: (416) 325-3745
dmcguinty.mpp.co@liberal.ola.org
Ontario Provincial Police
Inspector Dave McLean
Phone: (905) 772-3322, Fax: (905) 772-5815
Dave.McLean@jus.gov.on.ca
Ministry of Aboriginal Affairs
The Honourable Brad Duguid
Phone: 416-314-2536 , Fax: 416-314-2701
bduguid.mpp@liberal.ola.org
Minister of Community Safety & Correctional Services
The Honourable Rick Bartolucci
Phone: (416) 325-0408, Fax: (416) 325-6067
rbartolucci.mpp@liberal.ola.org
Re: Rally Announcement for Caledonia – April 19, 2009
Dear Commissioner Fantino:
This letter is written to seek your cooperation regarding a rally being planned in Caledonia on April 19, 2009. This date will represent the 3rd year anniversary of the failure by the OPP to uphold the Rule of Law in Caledonia. On April 20, 2006 the OPP made the decision to allow a group of thugs to run rampant in Caledonia without the enforcement of the Law which directly resulted in numerous officers and residents being injured.
In a Democracy citizens have the Right to peacefully gather and hold government and police accountable for their policy decisions. Police forces throughout Canada arrange to meet with protest organizers to ensure the events are well planned and to ensure all sides understand what is going to occur.
You are well aware of the Supreme Court ruling that allows citizens to hang/post objects on hydro poles as part of their Freedom of Expression as guaranteed by the Charter of Rights and Freedoms. The OPP have allowed Native Protesters to hang flags opposite to DCE as an Expression of their views. As you are aware the OPP have illegally arrested residents who attempt to exercise the same Right.
On April 19, 2009 it is my intention to rally people in Caledonia (those who voted for me and those who have signed the petition) to raise a Canadian Flag as a symbol of our Right to refuse to submit to Race Based Policing forced upon the residents of Haldimand.
It is my hope the OPP will take this opportunity to meet with the organizers of this event to ensure the event is peaceful and that people’s Rights are not violated. As such I ask that you arrange for someone to contact me before the end of Wed. March 25, 2009 as to whether the OPP are willing to meet. If I do not hear from anyone then I will assume the OPP, once again, are unwilling to cooperate to ensure a peaceful protest and to ensure people’s Charter Rights are not violated.
If the OPP plan once again to stop the People from exercising their Rights as ruled by the Supreme Court then I will seek a court injunction against the illegal actions of the OPP. The OPP have a duty both to ensure a peaceful protest while protecting People’s Charter Rights.
This letter is also written to remind you, as Commissioner, and Inspector McLean, as senior officer in Haldimand, and Honourable Rick Bartolucci, as the Minister in charge of the OPP, that you have the legal duty to uphold the Charter of Rights and the Criminal Code of Canada. I therefore remind you of the criminal offense of ‘Common Nuisance’ which is defined as:
'every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby (a) endangers the lives, safety, health, property or comfort of the public; or (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.'
Since the OPP have allowed Native Flags to be raised and even given Native Protesters a police escort down Argyle St. in Caledonia, then the OPP understands the public’s Rights to these activities. Please note part (b) of the Common Nuisance charge. Does the Supreme Court ruling regarding hydro poles apply to ‘all the subjects of Her Majesty in Canada’ and are the Rights to Freedom of Expression something the public exercises or enjoys? The answer is yes.
Therefore, it is my view that any attempt by the OPP to ‘obstruct’ the public in exercising its Rights as guaranteed by the Charter and ruled by the Supreme Court will be considered a criminal act. In short this means that Mr. Fantino, Mr. McLean and Mr. Bartolucci have a legal duty to ensure police officers do not violate this section of the criminal code by obstructing our Right to raise a Canadian Flag.
March 25, 2009 is the day we hope to have heard a reply from the OPP regarding this letter. It is also the date that OPP Officer Fraracci and Galeazza have been ordered to appear at the Cayuga Courthouse to answer to the criminal charge of Mischief for their role in aiding Native Protesters in Hagersville in building a barricade. Attempts by the Crown to make sure we could not lay these charges failed.
Any line officers on April 19, 2009 who ‘obstruct’ the public’s Right will be criminally charged.
It is my hope the OPP will cooperate with this event but past history demonstrates that the OPP are unwilling to ensure the Charter Rights of non-Native people in Caledonia. It would be far better for everyone if the OPP would start to see that all citizens in Canada are equal before the law and have equal benefit of the law.
Raising the Canadian Flag is the symbol of that equality.
Thank you for your time and I await your response.
Gary McHale
President & Executive Director
Canadian Advocates for Charter Equality
Tel/Fax: 905-692-6420
http://www.canace.ca/
info@CANACE.ca
Mar 19, 2009 VIA EMAIL, Fax
Ontario Provincial Police Commissioner
Julian Fantino
Phone: 705-329-6199, Fax: 705-329-7593
Julian.Fantino@jus.gov.on.ca
Premier
The Honourable Dalton McGuinty Phone: 416-325-1941, Fax: (416) 325-3745
dmcguinty.mpp.co@liberal.ola.org
Ontario Provincial Police
Inspector Dave McLean
Phone: (905) 772-3322, Fax: (905) 772-5815
Dave.McLean@jus.gov.on.ca
Ministry of Aboriginal Affairs
The Honourable Brad Duguid
Phone: 416-314-2536 , Fax: 416-314-2701
bduguid.mpp@liberal.ola.org
Minister of Community Safety & Correctional Services
The Honourable Rick Bartolucci
Phone: (416) 325-0408, Fax: (416) 325-6067
rbartolucci.mpp@liberal.ola.org
Re: Rally Announcement for Caledonia – April 19, 2009
Dear Commissioner Fantino:
This letter is written to seek your cooperation regarding a rally being planned in Caledonia on April 19, 2009. This date will represent the 3rd year anniversary of the failure by the OPP to uphold the Rule of Law in Caledonia. On April 20, 2006 the OPP made the decision to allow a group of thugs to run rampant in Caledonia without the enforcement of the Law which directly resulted in numerous officers and residents being injured.
In a Democracy citizens have the Right to peacefully gather and hold government and police accountable for their policy decisions. Police forces throughout Canada arrange to meet with protest organizers to ensure the events are well planned and to ensure all sides understand what is going to occur.
You are well aware of the Supreme Court ruling that allows citizens to hang/post objects on hydro poles as part of their Freedom of Expression as guaranteed by the Charter of Rights and Freedoms. The OPP have allowed Native Protesters to hang flags opposite to DCE as an Expression of their views. As you are aware the OPP have illegally arrested residents who attempt to exercise the same Right.
On April 19, 2009 it is my intention to rally people in Caledonia (those who voted for me and those who have signed the petition) to raise a Canadian Flag as a symbol of our Right to refuse to submit to Race Based Policing forced upon the residents of Haldimand.
It is my hope the OPP will take this opportunity to meet with the organizers of this event to ensure the event is peaceful and that people’s Rights are not violated. As such I ask that you arrange for someone to contact me before the end of Wed. March 25, 2009 as to whether the OPP are willing to meet. If I do not hear from anyone then I will assume the OPP, once again, are unwilling to cooperate to ensure a peaceful protest and to ensure people’s Charter Rights are not violated.
If the OPP plan once again to stop the People from exercising their Rights as ruled by the Supreme Court then I will seek a court injunction against the illegal actions of the OPP. The OPP have a duty both to ensure a peaceful protest while protecting People’s Charter Rights.
This letter is also written to remind you, as Commissioner, and Inspector McLean, as senior officer in Haldimand, and Honourable Rick Bartolucci, as the Minister in charge of the OPP, that you have the legal duty to uphold the Charter of Rights and the Criminal Code of Canada. I therefore remind you of the criminal offense of ‘Common Nuisance’ which is defined as:
'every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby (a) endangers the lives, safety, health, property or comfort of the public; or (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.'
Since the OPP have allowed Native Flags to be raised and even given Native Protesters a police escort down Argyle St. in Caledonia, then the OPP understands the public’s Rights to these activities. Please note part (b) of the Common Nuisance charge. Does the Supreme Court ruling regarding hydro poles apply to ‘all the subjects of Her Majesty in Canada’ and are the Rights to Freedom of Expression something the public exercises or enjoys? The answer is yes.
Therefore, it is my view that any attempt by the OPP to ‘obstruct’ the public in exercising its Rights as guaranteed by the Charter and ruled by the Supreme Court will be considered a criminal act. In short this means that Mr. Fantino, Mr. McLean and Mr. Bartolucci have a legal duty to ensure police officers do not violate this section of the criminal code by obstructing our Right to raise a Canadian Flag.
March 25, 2009 is the day we hope to have heard a reply from the OPP regarding this letter. It is also the date that OPP Officer Fraracci and Galeazza have been ordered to appear at the Cayuga Courthouse to answer to the criminal charge of Mischief for their role in aiding Native Protesters in Hagersville in building a barricade. Attempts by the Crown to make sure we could not lay these charges failed.
Any line officers on April 19, 2009 who ‘obstruct’ the public’s Right will be criminally charged.
It is my hope the OPP will cooperate with this event but past history demonstrates that the OPP are unwilling to ensure the Charter Rights of non-Native people in Caledonia. It would be far better for everyone if the OPP would start to see that all citizens in Canada are equal before the law and have equal benefit of the law.
Raising the Canadian Flag is the symbol of that equality.
Thank you for your time and I await your response.
Gary McHale
President & Executive Director
Canadian Advocates for Charter Equality
Tel/Fax: 905-692-6420
http://www.canace.ca/
info@CANACE.ca
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