McHale Preliminary Hearing Resumes April/09

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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


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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.

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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."

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