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