Caledonia militia a 'dumb idea,' minister says
Activist's plan to enforce law at site of aboriginal dispute 'shameful attempt' to divide residents, Duguid says
Jun 17, 2009 08:26 PM
Maria Babbage
THE CANADIAN PRESS
Forming a local militia to protect residents at the scene of a long-running aboriginal land claims dispute in Caledonia, Ont., is a "dumb idea," Community Safety Minister Rick Bartolucci said Wednesday.
Doug Fleming, a local activist, said he's planning to form a unarmed militia because provincial police aren't doing enough to enforce the law and protect property owners from trespassers.
"I don't want to do this. You think I want to form a militia? Are you kidding?" he said.
"This is something that, unfortunately, I feel needs to be done. Not because I want to, but because it's a last resort."
Homeowners and aboriginal protesters occupying a 40-hectare tract of land on the outskirts of the southwestern Ontario town have clashed violently in the past, and there are fears a militia could cause tensions to erupt once more.
Premier Dalton McGuinty called the idea "unhelpful" and urged that "cooler heads find a way to prevail."
But two of his ministers, Bartolucci and Aboriginal Affairs Minister Brad Duguid, were far more blunt and warned that a militia could tear the town apart.
"Allow policing issues to be handled by people who understand the complexities of the issue," Bartolucci said.
"I would suggest that the formation of a militia is a dumb idea."
Most Caledonia residents want to move forward and a militia is ``not helpful at all," Duguid said.
"We're trying to do everything we can as a government to help bring people together," he added.
"Efforts such as that – forming a militia – it's a shameful attempt to divide, and that's exactly what people should not be engaging in."
The word "militia" may conjure images of rifle-toting men, but the Caledonia group would not break the law and would operate more along the lines of the Guardian Angels, a citizen crime patrol organization based in New York, Fleming said.
He said he doesn't anticipate that the group would carry firearms.
Just talk of a militia has created discord in Caledonia, Bartolucci suggested.
He noted it's already threatened an agreement reached by Ernie Palmer, a Caledonia farmer, and an aboriginal group to remove a trailer from his property, which is near the disputed land.
"What was good in that discussion reverted to what was wrong," he said.
"The formation of a militia isn't supported by the police, it's not supported by the general public at large. And why? Because it's not effective. It's that simple."
There's "no truth" to claims that police aren't enforcing the law in Caledonia, said OPP spokesman Insp. Dave Ross.
Police have been investigated criminal wrongdoing stemming from the three-year aboriginal occupation and have laid about 148 charges against 61 people, he said.
Ross said police have spoken to Palmer about the trailer on his property, but weren't asked to do anything about it.
"I think there is some misinformation out there with regard to that particularly trailer on the property," he said.
"I don't know whether that's fuelled the idea for a militia, but certainly, we don't believe a militia is the answer."
Talk of a militia is resurfacing because residents are fed up with aboriginal groups setting up smoke shacks in Caledonia, said Marie Trainer, mayor of Haldimand County.
"I don't think these people are dangerous, but if it was a militia in the States, they'd come in with guns a-blazing. It would be rather violent," she said.
"We have to be concerned with everything. But remember, this is over three years long. All of Haldimand County has suffered."
Six Nations members started occupying the Douglas Creek Estates housing development in February 2006, claiming it belongs to them.
The province, which now owns the land in trust, has said protesters can remain there while all sides negotiate a resolution to the 200-year-old land claim.
Some residents have been pushing for a public inquiry into the actions of OPP Commissioner Julian Fantino in Caledonia, complaining that police have mishandled the aboriginal occupation that's gone on for three years, with no end in sight.
Local residents drafted a petition in January that sharply criticized police, accusing Fantino of being biased in favour of protesters and using his position to support them in court against charges filed by his own police force.
The provincial police force has faced similar complaints that it's not doing enough to protect local residents.
In 2007, Sam Gualtieri suffered serious brain damage after he was attacked while attempting to clear native protesters from a home he was building for his daughter in Caledonia.
Three arrests were made, but Gualtieri launched a lawsuit against the Ontario government, claiming police were in the area and did nothing to prevent the assault.
Duguid said he shares the frustration of residents who say negotiations aimed at resolving the land claim dispute have dragged on far too long.
The negotiations – involving both levels of government and sparked by the Caledonia occupation – touch on dozens of claims in Haldimand County.
But the province is pushing Ottawa to speed up talks and find a way to resolve the dispute, he added.
"We've called on them to bring forward some form of a mediator or facilitator to try to invigorate the discussions, and they've agreed that they're looking at doing things like that," Duguid said.
Monday, June 22, 2009
Cheryl MacDonald (Opinion Letter to Hamilton Spectator opposing Militia)
http://www.thespec.com/Opinions/article/587156
Don't call them militia
June 22, 2009
Cheryl Macdonald
The Hamilton Spectator
(Jun 22, 2009)
Caledonia-area resident Doug Fleming recently suggested the formation of a Caledonia "militia" to "ensure the Criminal Code is upheld in Haldimand county." A meeting on the idea is scheduled for tomorrow.
The idea is an insult to anyone who ever served with the militia, as well as to their spiritual descendants, those serving with military reserves.
Fleming has admitted that militia was probably not the best choice of words, but continues to use the term.
So do journalists and politicians responding to it, even though Community Safety Minister Rick Bartolucci called it a "dumb idea" and Premier Dalton McGuinty termed it "unhelpful."
No one seems to be challenging the use of the word militia, which a reporter wrote "may conjure images of rifle-toting men."
Fleming describes the proposed group as something like the Guardian Angels, a "citizen crime patrol organization" that started in New York in 1979. He also says members will be unarmed and work within the law.
Evoking the Guardian Angels certainly weakens that assertion. They have been controversial from the beginning. Unlike other citizens groups concerned with crime prevention, they train their members to make citizen's arrests and tend not to work closely in contact with law enforcement agencies. Some have compared them to legalized gangs. Others use a stronger word -- vigilantes.
Now that's a word that conjures up images of rifle-toting men, riding hard in the American West. Or in the South, where they're likely to be wearing white robes and burning crosses. And don't think for a moment that this can never happen here. The Ku Klux Klan has been active in Canada in the past, as recently as the 1980s. In 1925, there were more than 1,000 members in Ontario alone. In February 1930, a group of 75 Klansmen swarmed into Oakville, paraded through the streets, set a cross ablaze then took a white girl out of a house occupied by a black family and warned them if their son and the girl were ever seen together the Klan would deal with the man.
While burning crosses are not likely to make an appearance in Caledonia in the near future, it is vital to keep in mind that the town's troubles are partly fuelled by racism. It is also important to realize that among the Klansmen who visited Oakville in 1930 were several businessmen and a clergyman. Presumably they were respected in their communities. But they were also committed to taking the law into their own hands to enforce what they believed to be right.
That's the essence of vigilantism, and it has absolutely nothing to do with militia, its traditions, and its long history in Canada.
When Upper Canada came into being, legislation was enacted that allowed for the defence of the province. Every able-bodied man between 16 and 60 was obliged to report for training once a year, and was also likely to be called upon to defend the province in times of danger. Occasionally, at the request of appropriate authorities, they also carried out policing duties.
Haldimand militiamen answered the call to arms in the War of 1812, during the Fenian Invasion of 1866, during the South African or Boer War, and on other occasions. Militia from Caledonia were among those who served at the Battle of Ridgeway in June 1866. And, when the First World War broke out in 1914, militia members were among the first to volunteer.
Some of them died, and applying the term militia to this proposed group dishonours their sacrifice.
In the past, militia membership was as much about socializing as it was about defence. A couple of years back, when I edited The Civilian Soldier, Bob Blakeley's history of the Norfolk Militia, it became clear that many community leaders spent at least a few years in the militia.
They weren't always angels. Like military men throughout history, they always had time for drinking, storytelling and silly pranks. But they also absorbed a great deal of military culture, including discipline, respect for authority, and the ability to work within a chain of command that extended all the way to Ottawa. They might not always have been happy with red tape and bureaucratic delays, but most were dedicated to supporting the existing system.
Fleming's proposed organization bears no resemblance whatever to our historic militia and should not be dignified with its name any more than a street gang should be described as soldiers.
Consider this. The most dramatic image connected to native protests comes from the 1990 Oka standoff, where a young soldier, Patrick Cloutier, is nose to nose with a masked warrior. Neither was prepared to back down -- but Cloutier's military training most certainly kept a dangerous situation from escalating.
What if something similar happens in Caledonia? What if some member of the proposed "militia," lacking training, discipline and appreciation of military tradition, comes face to face with an angry protester from Six Nations? Would the outcome be the same?
I think not.
Cheryl MacDonald is a Nanticoke author who has written extensively on the history of Haldimand.
www.heronwoodent.ca
Don't call them militia
June 22, 2009
Cheryl Macdonald
The Hamilton Spectator
(Jun 22, 2009)
Caledonia-area resident Doug Fleming recently suggested the formation of a Caledonia "militia" to "ensure the Criminal Code is upheld in Haldimand county." A meeting on the idea is scheduled for tomorrow.
The idea is an insult to anyone who ever served with the militia, as well as to their spiritual descendants, those serving with military reserves.
Fleming has admitted that militia was probably not the best choice of words, but continues to use the term.
So do journalists and politicians responding to it, even though Community Safety Minister Rick Bartolucci called it a "dumb idea" and Premier Dalton McGuinty termed it "unhelpful."
No one seems to be challenging the use of the word militia, which a reporter wrote "may conjure images of rifle-toting men."
Fleming describes the proposed group as something like the Guardian Angels, a "citizen crime patrol organization" that started in New York in 1979. He also says members will be unarmed and work within the law.
Evoking the Guardian Angels certainly weakens that assertion. They have been controversial from the beginning. Unlike other citizens groups concerned with crime prevention, they train their members to make citizen's arrests and tend not to work closely in contact with law enforcement agencies. Some have compared them to legalized gangs. Others use a stronger word -- vigilantes.
Now that's a word that conjures up images of rifle-toting men, riding hard in the American West. Or in the South, where they're likely to be wearing white robes and burning crosses. And don't think for a moment that this can never happen here. The Ku Klux Klan has been active in Canada in the past, as recently as the 1980s. In 1925, there were more than 1,000 members in Ontario alone. In February 1930, a group of 75 Klansmen swarmed into Oakville, paraded through the streets, set a cross ablaze then took a white girl out of a house occupied by a black family and warned them if their son and the girl were ever seen together the Klan would deal with the man.
While burning crosses are not likely to make an appearance in Caledonia in the near future, it is vital to keep in mind that the town's troubles are partly fuelled by racism. It is also important to realize that among the Klansmen who visited Oakville in 1930 were several businessmen and a clergyman. Presumably they were respected in their communities. But they were also committed to taking the law into their own hands to enforce what they believed to be right.
That's the essence of vigilantism, and it has absolutely nothing to do with militia, its traditions, and its long history in Canada.
When Upper Canada came into being, legislation was enacted that allowed for the defence of the province. Every able-bodied man between 16 and 60 was obliged to report for training once a year, and was also likely to be called upon to defend the province in times of danger. Occasionally, at the request of appropriate authorities, they also carried out policing duties.
Haldimand militiamen answered the call to arms in the War of 1812, during the Fenian Invasion of 1866, during the South African or Boer War, and on other occasions. Militia from Caledonia were among those who served at the Battle of Ridgeway in June 1866. And, when the First World War broke out in 1914, militia members were among the first to volunteer.
Some of them died, and applying the term militia to this proposed group dishonours their sacrifice.
In the past, militia membership was as much about socializing as it was about defence. A couple of years back, when I edited The Civilian Soldier, Bob Blakeley's history of the Norfolk Militia, it became clear that many community leaders spent at least a few years in the militia.
They weren't always angels. Like military men throughout history, they always had time for drinking, storytelling and silly pranks. But they also absorbed a great deal of military culture, including discipline, respect for authority, and the ability to work within a chain of command that extended all the way to Ottawa. They might not always have been happy with red tape and bureaucratic delays, but most were dedicated to supporting the existing system.
Fleming's proposed organization bears no resemblance whatever to our historic militia and should not be dignified with its name any more than a street gang should be described as soldiers.
Consider this. The most dramatic image connected to native protests comes from the 1990 Oka standoff, where a young soldier, Patrick Cloutier, is nose to nose with a masked warrior. Neither was prepared to back down -- but Cloutier's military training most certainly kept a dangerous situation from escalating.
What if something similar happens in Caledonia? What if some member of the proposed "militia," lacking training, discipline and appreciation of military tradition, comes face to face with an angry protester from Six Nations? Would the outcome be the same?
I think not.
Cheryl MacDonald is a Nanticoke author who has written extensively on the history of Haldimand.
www.heronwoodent.ca
Non-Natives rally against Caledonia Militia
http://www.newswire.ca/en/releases/archive/June2009/22/c9022.html
Non-Natives Rally Against the Formation of "Caledonia Militia"
TORONTO, June 22 /CNW/ - On Tuesday, June 23rd at 6pm hundreds of
non-natives who support the people of Six Nations will be holding a peaceful
rally outside of the Lion's Club in Cayuga, Ontario to protest the founding
meeting of the "Caledonia Militia" - a vigilante group aimed at carrying out
citizen's arrests of protesting Aboriginals. Buses will be transporting over
100 activists from Toronto, Hamilton, Kitchener-Waterloo and Guelph, and other
supporters from around the Brantford area and across Haldimand-Norfolk will be
arriving to the rally by car.
According to Tom Keefer, an organizer of the protest, "we are coming to
stand in solidarity with the people of Six Nations, to oppose the escalation
represented in the formation of this 'militia' and to expose the presence of
far-right neo-nazi groups in supporting anti-native actions in Caledonia."
The protest has been initiated by the Canadian Union of Public Employees
Local 3903 First Nations Solidarity Working Group.
For further information: Please contact 3903fnswg@gmail.com or call Tom
at (416) 526-4255 for more information, to endorse the protest, or to reserve
a space on the buses
Non-Natives Rally Against the Formation of "Caledonia Militia"
TORONTO, June 22 /CNW/ - On Tuesday, June 23rd at 6pm hundreds of
non-natives who support the people of Six Nations will be holding a peaceful
rally outside of the Lion's Club in Cayuga, Ontario to protest the founding
meeting of the "Caledonia Militia" - a vigilante group aimed at carrying out
citizen's arrests of protesting Aboriginals. Buses will be transporting over
100 activists from Toronto, Hamilton, Kitchener-Waterloo and Guelph, and other
supporters from around the Brantford area and across Haldimand-Norfolk will be
arriving to the rally by car.
According to Tom Keefer, an organizer of the protest, "we are coming to
stand in solidarity with the people of Six Nations, to oppose the escalation
represented in the formation of this 'militia' and to expose the presence of
far-right neo-nazi groups in supporting anti-native actions in Caledonia."
The protest has been initiated by the Canadian Union of Public Employees
Local 3903 First Nations Solidarity Working Group.
For further information: Please contact 3903fnswg@gmail.com or call Tom
at (416) 526-4255 for more information, to endorse the protest, or to reserve
a space on the buses
Another Caledonia Flag Flap
http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1622935
Citizens arrest prompts Caledonia protest
Posted By Michael-Allan Marion
CALEDONIA - Haldimand County OPP were in the unusual position on the weekend of having to keep the peace between native activists occupying a former housing development and a new non-native law and order group marching past it.
What was unusual was that the march was in protest to the arrest by police of one of their group.
About two-dozen people, who began calling themselves the Caledonia militia but are looking for another name, gathered early Saturday afternoon outside Lions Hall a few blocks up the street from the former Douglas Creek Estates housing subdivision.
That's the site that Haudenosaunee activists took over three years ago as a "reclamation," and have since named it Kanonhstaton, a Mohawk term meaning protected place.
The new group's mission was to march past the subdivision carrying plenty of Canadian flags and placards, some bearing the words "Excessive Force," others saying "OPP Racist Policies Enforced."
They had large photographs depicting the arrest by OPP officers of citizen Randy Fleming, who was apprehended while walking down the road with a Canadian flag the week before.
Officers arranged the terms of the march with the leaders: they could drive together in a few vans and assemble south of the site on Highway 6 on the outskirts of Caledonia, then march north past it quietly on the other side of the road. No stopping and no shouting was permitted.
After that, they were to gather at the Tim Hortons restaurant, then head to an OPP detachment office to demonstrate again.
Leaders Mark Vandermaas and Merlyn Kinrade stood in front of the grumbling gathering, wearing blue berets from their days as United Nations peacekeepers. They kept reminding their comrades that the intent was to have a peaceful, quiet march, and to obey the terms negotiated.
"You mean we have to get permission to carry a Canadian flag?" one protested.
"Let's have none of that," one organizer responded.
"Remember, Canada is watching," Vandermaas warned the gathering just before the march began.
"If anyone at that place yells anything as we go by, just pretend they're not there. Don't shout anything back. We're doing nothing to provoke the occupiers. We are going to be peaceful and respectful."
Minutes later, the entourage filed past the site. Haudenosaunee activists were standing in force at the entrance, with Six Nations flags, vehicles and one large sign with a message with a reference to the "KKK."
No one said a word on either side.
A few natives waved to the marchers across the road, while others nodded and waved back.
"I guess they're just doing their thing," Floyd Montour, a Haudenosaunee activist, said as he leaned back against a car and watched the march.
"It seems to be against the OPP, but the bottom line is they're angry at us. They always have been. But we've got cool heads. We don't intend to say anything, just watch them do their thing."
Later at the Tim Hortons, Kinrade acknowledged that he was one of Canada's first peacekeepers, dispatched during the Suez Crisis in 1956. He said the arrest of Fleming, brother of leader Doug Fleming, angered him enough to join.
"When you get a resident being arrested for walking down Argyle Street with a Canadian flag, it's unacceptable, so I got involved to do something about the madness we have in this town. You can't have the lawlessness associated with these land claims protests. That can't be tolerated."
Kinrade said the organization would have to decide on a different name, after the word "militia" raised too many eyebrows. It might not even be legal to call a group of citizens a militia, he said.
"It certainly tweaked a lot of interest, though, particularly in the media," he smiled, then excused he himself to join his colleagues.
"They should call themselves 'fools,'" activist Ruby Montour scoffed later.
"Using a name like that, if they think that Six Nations is going to run, they're mistaken. We were running for 200 years and we're not running anymore."
Citizens arrest prompts Caledonia protest
Posted By Michael-Allan Marion
CALEDONIA - Haldimand County OPP were in the unusual position on the weekend of having to keep the peace between native activists occupying a former housing development and a new non-native law and order group marching past it.
What was unusual was that the march was in protest to the arrest by police of one of their group.
About two-dozen people, who began calling themselves the Caledonia militia but are looking for another name, gathered early Saturday afternoon outside Lions Hall a few blocks up the street from the former Douglas Creek Estates housing subdivision.
That's the site that Haudenosaunee activists took over three years ago as a "reclamation," and have since named it Kanonhstaton, a Mohawk term meaning protected place.
The new group's mission was to march past the subdivision carrying plenty of Canadian flags and placards, some bearing the words "Excessive Force," others saying "OPP Racist Policies Enforced."
They had large photographs depicting the arrest by OPP officers of citizen Randy Fleming, who was apprehended while walking down the road with a Canadian flag the week before.
Officers arranged the terms of the march with the leaders: they could drive together in a few vans and assemble south of the site on Highway 6 on the outskirts of Caledonia, then march north past it quietly on the other side of the road. No stopping and no shouting was permitted.
After that, they were to gather at the Tim Hortons restaurant, then head to an OPP detachment office to demonstrate again.
Leaders Mark Vandermaas and Merlyn Kinrade stood in front of the grumbling gathering, wearing blue berets from their days as United Nations peacekeepers. They kept reminding their comrades that the intent was to have a peaceful, quiet march, and to obey the terms negotiated.
"You mean we have to get permission to carry a Canadian flag?" one protested.
"Let's have none of that," one organizer responded.
"Remember, Canada is watching," Vandermaas warned the gathering just before the march began.
"If anyone at that place yells anything as we go by, just pretend they're not there. Don't shout anything back. We're doing nothing to provoke the occupiers. We are going to be peaceful and respectful."
Minutes later, the entourage filed past the site. Haudenosaunee activists were standing in force at the entrance, with Six Nations flags, vehicles and one large sign with a message with a reference to the "KKK."
No one said a word on either side.
A few natives waved to the marchers across the road, while others nodded and waved back.
"I guess they're just doing their thing," Floyd Montour, a Haudenosaunee activist, said as he leaned back against a car and watched the march.
"It seems to be against the OPP, but the bottom line is they're angry at us. They always have been. But we've got cool heads. We don't intend to say anything, just watch them do their thing."
Later at the Tim Hortons, Kinrade acknowledged that he was one of Canada's first peacekeepers, dispatched during the Suez Crisis in 1956. He said the arrest of Fleming, brother of leader Doug Fleming, angered him enough to join.
"When you get a resident being arrested for walking down Argyle Street with a Canadian flag, it's unacceptable, so I got involved to do something about the madness we have in this town. You can't have the lawlessness associated with these land claims protests. That can't be tolerated."
Kinrade said the organization would have to decide on a different name, after the word "militia" raised too many eyebrows. It might not even be legal to call a group of citizens a militia, he said.
"It certainly tweaked a lot of interest, though, particularly in the media," he smiled, then excused he himself to join his colleagues.
"They should call themselves 'fools,'" activist Ruby Montour scoffed later.
"Using a name like that, if they think that Six Nations is going to run, they're mistaken. We were running for 200 years and we're not running anymore."
Caledonia Militia Being Formed (June / 09)
http://www.dunnvillechronicle.com/ArticleDisplay.aspx?e=1615957
Caledonia Militia being formed
Posted By DONNA PITCHER, FOR THE CHRONICLE
Posted 5 days ago
A citizens group called the Caledonia Militia is being formed by Caledonia resident Doug Fleming.
Fleming said in a recent release the group is being formed due to the ongoing reality that the OPP refuses to enforce the Criminal Code with regards to people's property rights.
Fleming has the backing and support of Gary McHale, of Caledonia Wake Up Call and President of Canadian Advocates for Charter Equality (CANACE).
The idea has been rolling around for about three years said Fleming in an interview with The Chronicle Tuesday morning.
"I wish that we didn't have the need to do this, we are not here to add to the trouble, we are here to help."
Fleming realizes that the name Militia will conjure up images of guys toting guns. This couldn't be farther from the truth, we are following in the spirit of the Guardian Angels, a group of unarmed citizens that will have cool heads, adhere to the law and exercise restraint.
A recent incident in Caledonia triggered Fleming to officially kick things off.
"This has nothing to do with land claims, this is to do with law enforcement and is a reflection of the shortcomings of the OPP", said Fleming.
Next Tuesday, an information session will be held at the Cayuga Lion's Hall starting at 7 p. m. No "hotheads"
are allowed. Interested parties will be screened said Fleming with the intentbe a law abiding group not a goon squad.
McHale will do a presentation on Sections 38-42 of the Criminal Code. This section of the code relates to the rights of a citizen to place an individual under arrest when law enforcement fails to do so.
"CANACE will support this group" if the group adheres strictly to the law, McHale said in an interview Monday evening.
"Serious self-control will be required, this is not to have boxing matches between people."
If someone is on private property and breaking the law, the members of the militia will use reasonable force and arrest the individual breaking the law and transport them into the custody of the OPP.
"This is all Caledonia needs" according to Haldimand County OPP Inspector Dave McLean. "This group will serve no good."
This is just another attempt of a few individuals to aggravate the situation without all the proper information. This group is just trying to discredit the OPP said McLean.
Caledonia Militia being formed
Posted By DONNA PITCHER, FOR THE CHRONICLE
Posted 5 days ago
A citizens group called the Caledonia Militia is being formed by Caledonia resident Doug Fleming.
Fleming said in a recent release the group is being formed due to the ongoing reality that the OPP refuses to enforce the Criminal Code with regards to people's property rights.
Fleming has the backing and support of Gary McHale, of Caledonia Wake Up Call and President of Canadian Advocates for Charter Equality (CANACE).
The idea has been rolling around for about three years said Fleming in an interview with The Chronicle Tuesday morning.
"I wish that we didn't have the need to do this, we are not here to add to the trouble, we are here to help."
Fleming realizes that the name Militia will conjure up images of guys toting guns. This couldn't be farther from the truth, we are following in the spirit of the Guardian Angels, a group of unarmed citizens that will have cool heads, adhere to the law and exercise restraint.
A recent incident in Caledonia triggered Fleming to officially kick things off.
"This has nothing to do with land claims, this is to do with law enforcement and is a reflection of the shortcomings of the OPP", said Fleming.
Next Tuesday, an information session will be held at the Cayuga Lion's Hall starting at 7 p. m. No "hotheads"
are allowed. Interested parties will be screened said Fleming with the intentbe a law abiding group not a goon squad.
McHale will do a presentation on Sections 38-42 of the Criminal Code. This section of the code relates to the rights of a citizen to place an individual under arrest when law enforcement fails to do so.
"CANACE will support this group" if the group adheres strictly to the law, McHale said in an interview Monday evening.
"Serious self-control will be required, this is not to have boxing matches between people."
If someone is on private property and breaking the law, the members of the militia will use reasonable force and arrest the individual breaking the law and transport them into the custody of the OPP.
"This is all Caledonia needs" according to Haldimand County OPP Inspector Dave McLean. "This group will serve no good."
This is just another attempt of a few individuals to aggravate the situation without all the proper information. This group is just trying to discredit the OPP said McLean.
Wednesday, April 22, 2009
McHale Preliminary Hearing Resumes April/09
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
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
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
Wednesday, March 18, 2009
McHale to "Charter Challenge" Small Claims Court Procedure
There has always been a publication ban on small claims court settlement conferences. The reason being is that it is a confidential mediation hearing with no court reporter to document what is said.
Now McHale wants to challenge even that!
Fantino Fined by Cayuga Court
by Gary McHale -
Regional NewsOn Tuesday March 10
Commissioner Fantino failed to appear in court for two cases - McHale v. Fantino and Vandermaas v. Fantino. Due to a publication ban, which we will challenge as a violation of our Charter Right of Freedom of the Press, we can only report that the Commissioner received a separate fine for each case.If this was an isolated case it would be a minor point that the Commissioner was fined but I believe it demonstrates a greater inherent disrespect for the courts in Cayuga by the OPP and the Attorney General's office. I say this because this is not the first time OPP officers have failed to appear before the Cayuga Court and not the first time the Attorney General's office played a role.On Dec. 24, 2007 Inspector McLean, the highest ranking officer in Haldimand, refused to respect a subpoena by failing to appear in court as required by law. The Crown covered for Insp. McLean and talked the Justice into proceeding with the case without the Inspector. Eight months later on Aug. 8, 2008 Judge Marshall ruled that the Justice of the Peace erred by allowing the case to proceed without Insp. McLean being forced to appear in Court. During Judge Marshall's ruling the Crown repeatedly attempted to provided excuses for Insp. McLean's refusal to respect a Court Subpoena. Each time Judge Marshall got more forceful about Insp. McLean's obligations to the Court. In the end the Crown stated they would inform the OPP of the ruling. Failure to appear when subpoenaed can result in a criminal charge.In Small Claims court the rule is that during Settlement Conference all parties MUST appear in court. In 2008, Insp. McLean, Sgt. John Murray and Sgt. Phil Carter each failed to appear in Small Claims Settlement Conferences and each were represented by the Attorney General's office. Doesn't the Attorney General feel that his own staff (the Lawyers) and their client (the OPP) are subject to the rules of the court?Shouldn't the OPP and the Attorney General's office set a better example for the public than repeatedly failing to appear in court?The question for three years is whether certain people are above the law and our message has always been that in Canada no person is above the law. Are police officers, lawyers and government officials subject to the same rules as you and I - I believe they are. Judge Marshall's ruling should have sent a strong message to the OPP and to the Attorney General's office that everyone is subject to the same rules.Unlike other police forces in Ontario the OPP doesn't have to worry about the cost of court. Each officer is an employee of the Province of Ontario and as such is guaranteed to have FREE lawyers, Free legal research and endless Free expenses paid for by the Attorney General's office. It doesn't matter to the OPP officer whether the case cost $5000 or $500,000 - it is paid for by the taxpayer. Even if the OPP officer loses the case it is the taxpayer who will be pay the bill.Since Caledonia has started, the actions of the OPP has generated approx. $50 million in lawsuits, over $100 million paid out for policing and buying DCE and millions directly to the Native Protesters in negotiation fees etc. Add in another $10 million for both Federal & Provincial salaries and the cost of the RCMP in 2006 then you start to see the endless money pit.Court costs are now into the millions as the Ontario Government defends the actions of Commissioner Fantino and the OPP. In the Government's lawsuit against me for $7.2 million (filed by 22 officers) they spent $65,000 (Lawyer's cost alone) on one motion to keep the case in Toronto while I wanted it in Cayuga. This case was filed two years ago and keeping it in Toronto ensures it will not see the inside of a courthouse for many more years.On the same day Mr. Fantino was being fined in Cayuga he lost his court appeal to have an adjudicator removed from a disciplinary hearing. This is the third adjudicator Mr. Fantino has appointed and the third one he wants removed."How much more public money will OPP Commissioner Julian Fantino be allowed to burn through in his pathetic attempt to oust the adjudicator at his embarrassing disciplinary hearing?", NDP Peter Kormos asked Community Safety Minister Rick Bartolucci at Queen's Park. "It's the taxpayers who are picking up the tab", Kormos stated.A three-judge Divisional Court panel unanimously found judge Leonard Montgomery had behaved reasonably, and the judges rejected accusations of impartiality from Mr. Fantino and ordered the disciplinary hearing to resume.Mr. Fantino wanted Justice Montgomery removed after the Justice suggested that Fantino had been 'improperly tipped over a lunch break during his testimony' which would be illegal.Mr. Falconer, who represents the officers who were disciplined stated, "This is a sad example of where endless legal resources can take a proceeding... apparently limitless resources have been poured into delaying this matter".Although this case should have little to do with Mr. Fantino, he has been dragged into it with the defence accusing him of witness tampering. Mr. Fantino's Lawyer has already stated the ruling will be appealed.As with everything else the OPP does, the taxpayers will foot the bill. With such economic hardship starting to be experienced by the average person, the OPP and Mr. Fantino need to learn a big lesson - in a democracy they work for us.We pay the bills so we have the Right to hold them accountable.
Now McHale wants to challenge even that!
Fantino Fined by Cayuga Court
by Gary McHale -
Regional NewsOn Tuesday March 10
Commissioner Fantino failed to appear in court for two cases - McHale v. Fantino and Vandermaas v. Fantino. Due to a publication ban, which we will challenge as a violation of our Charter Right of Freedom of the Press, we can only report that the Commissioner received a separate fine for each case.If this was an isolated case it would be a minor point that the Commissioner was fined but I believe it demonstrates a greater inherent disrespect for the courts in Cayuga by the OPP and the Attorney General's office. I say this because this is not the first time OPP officers have failed to appear before the Cayuga Court and not the first time the Attorney General's office played a role.On Dec. 24, 2007 Inspector McLean, the highest ranking officer in Haldimand, refused to respect a subpoena by failing to appear in court as required by law. The Crown covered for Insp. McLean and talked the Justice into proceeding with the case without the Inspector. Eight months later on Aug. 8, 2008 Judge Marshall ruled that the Justice of the Peace erred by allowing the case to proceed without Insp. McLean being forced to appear in Court. During Judge Marshall's ruling the Crown repeatedly attempted to provided excuses for Insp. McLean's refusal to respect a Court Subpoena. Each time Judge Marshall got more forceful about Insp. McLean's obligations to the Court. In the end the Crown stated they would inform the OPP of the ruling. Failure to appear when subpoenaed can result in a criminal charge.In Small Claims court the rule is that during Settlement Conference all parties MUST appear in court. In 2008, Insp. McLean, Sgt. John Murray and Sgt. Phil Carter each failed to appear in Small Claims Settlement Conferences and each were represented by the Attorney General's office. Doesn't the Attorney General feel that his own staff (the Lawyers) and their client (the OPP) are subject to the rules of the court?Shouldn't the OPP and the Attorney General's office set a better example for the public than repeatedly failing to appear in court?The question for three years is whether certain people are above the law and our message has always been that in Canada no person is above the law. Are police officers, lawyers and government officials subject to the same rules as you and I - I believe they are. Judge Marshall's ruling should have sent a strong message to the OPP and to the Attorney General's office that everyone is subject to the same rules.Unlike other police forces in Ontario the OPP doesn't have to worry about the cost of court. Each officer is an employee of the Province of Ontario and as such is guaranteed to have FREE lawyers, Free legal research and endless Free expenses paid for by the Attorney General's office. It doesn't matter to the OPP officer whether the case cost $5000 or $500,000 - it is paid for by the taxpayer. Even if the OPP officer loses the case it is the taxpayer who will be pay the bill.Since Caledonia has started, the actions of the OPP has generated approx. $50 million in lawsuits, over $100 million paid out for policing and buying DCE and millions directly to the Native Protesters in negotiation fees etc. Add in another $10 million for both Federal & Provincial salaries and the cost of the RCMP in 2006 then you start to see the endless money pit.Court costs are now into the millions as the Ontario Government defends the actions of Commissioner Fantino and the OPP. In the Government's lawsuit against me for $7.2 million (filed by 22 officers) they spent $65,000 (Lawyer's cost alone) on one motion to keep the case in Toronto while I wanted it in Cayuga. This case was filed two years ago and keeping it in Toronto ensures it will not see the inside of a courthouse for many more years.On the same day Mr. Fantino was being fined in Cayuga he lost his court appeal to have an adjudicator removed from a disciplinary hearing. This is the third adjudicator Mr. Fantino has appointed and the third one he wants removed."How much more public money will OPP Commissioner Julian Fantino be allowed to burn through in his pathetic attempt to oust the adjudicator at his embarrassing disciplinary hearing?", NDP Peter Kormos asked Community Safety Minister Rick Bartolucci at Queen's Park. "It's the taxpayers who are picking up the tab", Kormos stated.A three-judge Divisional Court panel unanimously found judge Leonard Montgomery had behaved reasonably, and the judges rejected accusations of impartiality from Mr. Fantino and ordered the disciplinary hearing to resume.Mr. Fantino wanted Justice Montgomery removed after the Justice suggested that Fantino had been 'improperly tipped over a lunch break during his testimony' which would be illegal.Mr. Falconer, who represents the officers who were disciplined stated, "This is a sad example of where endless legal resources can take a proceeding... apparently limitless resources have been poured into delaying this matter".Although this case should have little to do with Mr. Fantino, he has been dragged into it with the defence accusing him of witness tampering. Mr. Fantino's Lawyer has already stated the ruling will be appealed.As with everything else the OPP does, the taxpayers will foot the bill. With such economic hardship starting to be experienced by the average person, the OPP and Mr. Fantino need to learn a big lesson - in a democracy they work for us.We pay the bills so we have the Right to hold them accountable.
Tuesday, March 10, 2009
Vandermaas/McHale in Settlement Conference re: Fantino
(Note to Readers: The rules of settlement conferences are that neither part can discuss what happened at the conference but Vandermaas did anyways)
Fantino fined by Court for no-show at settlement conference
http://voiceofcanada.wordpress.com/2009/03/10/fantino-fined-by-court-for-no-show-at-settlement-conference/
March 10, 2009 · No Comments
Today, Gary McHale and I attended a pre-trial settlement conference in connection with our Small Claims Court suits against OPP Commissioner Julian Fantino for comments he has made since November 2007 in which he falsely accused us - among several things - of being “involved” in violence.
Vandermaas notice to Fantino
McHale notice to Fantino
Fantino fined for not appearing at pre-trial conference
According to the rules of the Court the Defendant is required to attend the pre-trial conference, or request permission for teleconferencing. Although two of his lawyers were present, Fantino didn’t show. The judge took exception to his absence and fined Fantino twice - once for my case and once for McHale’s.
Unfortunately, I cannot report who the fines must be paid to, I cannot disclose the amount of the fines, nor can I explain the judge’s full reasoning for imposing them.
Fantino’s lawyers will be arguing a motion for ‘Summary Judgement’ on June 23/09 in an attempt to convince the hearing judge (not the same judge who presided over today’s settlement conference) that our case has no merit and should be decided without holding a trial.
Stay tuned.
P.S. Today wasn’t a good day for Fantino; he failed - for the second time - to have an adjudicator removed from an OPP disciplinary hearing into his actions in laying charges against two senior officers under the Police Services Act:
Yahoo News/Canadian Press, March 10/09: Fantino loses second bid to have adjudicator tossed from discipline case REPRINT
Mark Vandermaas, EditorVoiceofCanadainfo@voiceofcanada.ca
Fantino fined by Court for no-show at settlement conference
http://voiceofcanada.wordpress.com/2009/03/10/fantino-fined-by-court-for-no-show-at-settlement-conference/
March 10, 2009 · No Comments
Today, Gary McHale and I attended a pre-trial settlement conference in connection with our Small Claims Court suits against OPP Commissioner Julian Fantino for comments he has made since November 2007 in which he falsely accused us - among several things - of being “involved” in violence.
Vandermaas notice to Fantino
McHale notice to Fantino
Fantino fined for not appearing at pre-trial conference
According to the rules of the Court the Defendant is required to attend the pre-trial conference, or request permission for teleconferencing. Although two of his lawyers were present, Fantino didn’t show. The judge took exception to his absence and fined Fantino twice - once for my case and once for McHale’s.
Unfortunately, I cannot report who the fines must be paid to, I cannot disclose the amount of the fines, nor can I explain the judge’s full reasoning for imposing them.
Fantino’s lawyers will be arguing a motion for ‘Summary Judgement’ on June 23/09 in an attempt to convince the hearing judge (not the same judge who presided over today’s settlement conference) that our case has no merit and should be decided without holding a trial.
Stay tuned.
P.S. Today wasn’t a good day for Fantino; he failed - for the second time - to have an adjudicator removed from an OPP disciplinary hearing into his actions in laying charges against two senior officers under the Police Services Act:
Yahoo News/Canadian Press, March 10/09: Fantino loses second bid to have adjudicator tossed from discipline case REPRINT
Mark Vandermaas, EditorVoiceofCanadainfo@voiceofcanada.ca
Monday, March 2, 2009
McHale's Apology to the Regional News Feb / 09
February 19, 2009
Apology to Regional News:
Recently I sent out an email that stated the Regional News had refused to print a Press Release from Toby Barrett.It was an unfortunate choice of words that gave the impression that the Regional News had taken a side against Mr. Barrett and/or his proposed inquiry. This did not reflect the truth in regards to the Regional News. I am well aware that many media receive hundreds of news items per day and they are unable to print all of them.I do not know the political views of the Regional News, if any, and I understand that items printed by the paper that are written by me are my stated views, and not theirs.I would like to offer my most sincere apology to the Regional News and to its owner/publisher Chris Pickup, for any harm, embarrassment and/or inconvenience caused by my inappropriate choice of words.
Gary McHale
Apology to Regional News:
Recently I sent out an email that stated the Regional News had refused to print a Press Release from Toby Barrett.It was an unfortunate choice of words that gave the impression that the Regional News had taken a side against Mr. Barrett and/or his proposed inquiry. This did not reflect the truth in regards to the Regional News. I am well aware that many media receive hundreds of news items per day and they are unable to print all of them.I do not know the political views of the Regional News, if any, and I understand that items printed by the paper that are written by me are my stated views, and not theirs.I would like to offer my most sincere apology to the Regional News and to its owner/publisher Chris Pickup, for any harm, embarrassment and/or inconvenience caused by my inappropriate choice of words.
Gary McHale
Tory, Ramsay and McGuinty against McHale Rallys
Fears won't stop rally
Caledonia clash possible
http://cnews.canoe.ca/CNEWS/Canada/2006/10/11/2000594-sun.html
By ANTONELLA ARTUSO -- Toronto Sun
The organizer of a Caledonia rally says it will go ahead on disputed lands this weekend as planned despite warnings from political leaders about the potential for violence.
Gary McHale of "March for Freedom" said he's expecting 20,000 Ontarians to gather Sunday on land occupied by Six Nations protesters to draw attention to what he described as two-tier justice in the province.
McHale said non-natives have the same right to be on government-owned land as Six Nations people but will likely be "racially profiled" and blocked by the OPP.
"I expect that the OPP will be in full riot gear to stop us," McHale said.
Premier Dalton McGuinty said yesterday that few people support the rally.
"The people of Caledonia don't think it's a good idea; I certainly don't think it's a good idea; the OPP don't think it's a good idea; the opposition (parties) here at Queen's Park don't think it's a good idea, so I think that, given that consensus, the best thing would be not to proceed with the rally."
Aboriginal Affairs Minister David Ramsay said he won't seek an injunction to halt the rally but he also believes it's a bad idea.
Conservative Leader John Tory said he cannot support a rally anywhere near the occupied land.
The Ontario government recently bought the land from a housing developer to help resolve a Six Nations land claim.
Caledonia clash possible
http://cnews.canoe.ca/CNEWS/Canada/2006/10/11/2000594-sun.html
By ANTONELLA ARTUSO -- Toronto Sun
The organizer of a Caledonia rally says it will go ahead on disputed lands this weekend as planned despite warnings from political leaders about the potential for violence.
Gary McHale of "March for Freedom" said he's expecting 20,000 Ontarians to gather Sunday on land occupied by Six Nations protesters to draw attention to what he described as two-tier justice in the province.
McHale said non-natives have the same right to be on government-owned land as Six Nations people but will likely be "racially profiled" and blocked by the OPP.
"I expect that the OPP will be in full riot gear to stop us," McHale said.
Premier Dalton McGuinty said yesterday that few people support the rally.
"The people of Caledonia don't think it's a good idea; I certainly don't think it's a good idea; the OPP don't think it's a good idea; the opposition (parties) here at Queen's Park don't think it's a good idea, so I think that, given that consensus, the best thing would be not to proceed with the rally."
Aboriginal Affairs Minister David Ramsay said he won't seek an injunction to halt the rally but he also believes it's a bad idea.
Conservative Leader John Tory said he cannot support a rally anywhere near the occupied land.
The Ontario government recently bought the land from a housing developer to help resolve a Six Nations land claim.
Past Warnings to McHale regarding dangers of rallys.
Caledonia flag flap could turn ugly: OPP
Extra cops on hand for demo tomorrow
http://cnews.canoe.ca:80/CNEWS/Canada/2007/01/19/3407481-sun.html
By IAN ROBERTSON -- Toronto Sun
Six Nations protesters battling for land rights in Caledonia are gearing up for a renewed attempt by white protesters to raise the Canadian flag.
And so are the police.
OPP Commissioner Julian Fantino has asked local municipal police chiefs to provide extra officers tomorrow to prevent physical confrontations, a source said.
But spokesmen for the OPP and Toronto Police said they could not comment yesterday on the number of cops being loaned on a mutual aid basis, citing "operational" reasons.
"We don't generally discuss our deployments," Toronto Police spokesman Mark Pugash said.
Const. Paula Wright, a spokesman for the Caledonia OPP detachment, said "from the police stance, we're hoping that everyone will not attend the rally. We are taking this very seriously."
The Ontario Provincial Police Association has also issued a warning to protest organizers that it may take legal action if officers are injured.
OPPA President Karl Walsh released a strongly worded statement yesterday telling organizers to "exercise extreme caution" or be held accountable if there is any violence.
"The people behind these protests are not from the area," Walsh says. "They are, however, acting on a sustained basis to push an aggressive political agenda that includes promoting hatred, flaunting the justice system and inciting violence."
The flag rally is being organized for 11:30 a.m. by Gary and Christine McHale, of Richmond Hill, who the Mohawks dismiss as racist publicity-seekers.
Extra cops on hand for demo tomorrow
http://cnews.canoe.ca:80/CNEWS/Canada/2007/01/19/3407481-sun.html
By IAN ROBERTSON -- Toronto Sun
Six Nations protesters battling for land rights in Caledonia are gearing up for a renewed attempt by white protesters to raise the Canadian flag.
And so are the police.
OPP Commissioner Julian Fantino has asked local municipal police chiefs to provide extra officers tomorrow to prevent physical confrontations, a source said.
But spokesmen for the OPP and Toronto Police said they could not comment yesterday on the number of cops being loaned on a mutual aid basis, citing "operational" reasons.
"We don't generally discuss our deployments," Toronto Police spokesman Mark Pugash said.
Const. Paula Wright, a spokesman for the Caledonia OPP detachment, said "from the police stance, we're hoping that everyone will not attend the rally. We are taking this very seriously."
The Ontario Provincial Police Association has also issued a warning to protest organizers that it may take legal action if officers are injured.
OPPA President Karl Walsh released a strongly worded statement yesterday telling organizers to "exercise extreme caution" or be held accountable if there is any violence.
"The people behind these protests are not from the area," Walsh says. "They are, however, acting on a sustained basis to push an aggressive political agenda that includes promoting hatred, flaunting the justice system and inciting violence."
The flag rally is being organized for 11:30 a.m. by Gary and Christine McHale, of Richmond Hill, who the Mohawks dismiss as racist publicity-seekers.
Dave Brown sets the record straight about McHale
From The Tekawennake Newspaper (Six Nations)
Please be aware that the following is only a portion of the entire article. The whole article can be obtained in hard copy from the Newspaper. Go to http://www.tekanews.com/ for contact information)
Following Ontario Conservative leader John Tory's media event at the Canadian Tire parking lot in Caledonia last Friday, Tekawennake received an invitation to meet with Dave Brown, who along with his life partner Dana Chatwell, are the owners of a home on Highway #6 adjacent to the Kanonhstaton reclamation site.......
(Partial content of article below)
......Brown also says that he has been used by Gary McHale on occasion and that he does not like him at all, although he did vote for him in the last election.Thanksgiving of 2007 McHale conducted one of his infamous rallies in Caledonia, which ended up on Brown's front lawn and sparked a shouting match with Natives over the fence. According to Brown, he did not invite McHale, Mark Vandermaas or Jeff Parkinson and actually had police remove McHale from his property."If he told the media he was invited here, that is a complete lie," says Brown. "As a matter of fact, I was with several friends out on the road and he started yipping at me because I went over and said, 'What are you doing here. This flag flap is over. We've all gotten past that. Why are you trying to relive it? Are you trying to get credit for something we've done?'"According to Brown McHale didn't like that, and told an OPP officer that if Brown got any closer to him, McHale wanted Brown arrested. "I didn't care," says Brown. "I wanted to break my foot off in his fat ass". Brown says that Gary McHale has never been invited to his house."That guy has never been in my home. Not once," says Brown. "Why would I invite him? I like it when it's quiet around here. They came over here and started that big uprising here."Brown says that this past Thanksgiving he called and told McHale he was not welcome at his house. "I called Gary McHale and told him that if he came over here again this year, I'm going to kick his fat ass."Brown says that he signed a document with the OPP that if McHale was on his property, they could arrest him. "Gary doesn't know when to listen and when to shut up," says Brown. "That makes him a fool."So why did he vote for McHale? "If he was in Ottawa he'd have to keep his nose clean and do things more professionally," Brown says, although he does not agree with McHale's two-tier justice theme. "I don't go to McHale's things."
Please be aware that the following is only a portion of the entire article. The whole article can be obtained in hard copy from the Newspaper. Go to http://www.tekanews.com/ for contact information)
Following Ontario Conservative leader John Tory's media event at the Canadian Tire parking lot in Caledonia last Friday, Tekawennake received an invitation to meet with Dave Brown, who along with his life partner Dana Chatwell, are the owners of a home on Highway #6 adjacent to the Kanonhstaton reclamation site.......
(Partial content of article below)
......Brown also says that he has been used by Gary McHale on occasion and that he does not like him at all, although he did vote for him in the last election.Thanksgiving of 2007 McHale conducted one of his infamous rallies in Caledonia, which ended up on Brown's front lawn and sparked a shouting match with Natives over the fence. According to Brown, he did not invite McHale, Mark Vandermaas or Jeff Parkinson and actually had police remove McHale from his property."If he told the media he was invited here, that is a complete lie," says Brown. "As a matter of fact, I was with several friends out on the road and he started yipping at me because I went over and said, 'What are you doing here. This flag flap is over. We've all gotten past that. Why are you trying to relive it? Are you trying to get credit for something we've done?'"According to Brown McHale didn't like that, and told an OPP officer that if Brown got any closer to him, McHale wanted Brown arrested. "I didn't care," says Brown. "I wanted to break my foot off in his fat ass". Brown says that Gary McHale has never been invited to his house."That guy has never been in my home. Not once," says Brown. "Why would I invite him? I like it when it's quiet around here. They came over here and started that big uprising here."Brown says that this past Thanksgiving he called and told McHale he was not welcome at his house. "I called Gary McHale and told him that if he came over here again this year, I'm going to kick his fat ass."Brown says that he signed a document with the OPP that if McHale was on his property, they could arrest him. "Gary doesn't know when to listen and when to shut up," says Brown. "That makes him a fool."So why did he vote for McHale? "If he was in Ottawa he'd have to keep his nose clean and do things more professionally," Brown says, although he does not agree with McHale's two-tier justice theme. "I don't go to McHale's things."
Toronto Sun Reporter's opinion of McHale's presence : raises tensions
When citizens feel their voices are being ignored, they're tempted to step beyond the law
By MARIANNE MEED WARD
I suspect there are more than a few non-native residents in the 905 who would like to occupy land because they disagree with what's being built there. Many of them would claim a sense of community ownership, if not legal title, to said land. They don't want their neighbourhoods destroyed by monster homes, big box stores and towering apartment buildings, where greenspace or single family homes once stood. But these residents don't erect blockades, beat up developers or charge fees to do business on their "claimed" property, as some natives in Caledonia and Brantford have done to protest construction on land they say is theirs. Instead, the usual course of action is to call the local city councillor, voice concerns at city hall meetings, gather petitions and occasionally organize a symbolic march through town. They follow the established -- and legal -- protocols of protest. And quite often they lose. The Wal-Mart comes to town anyway. The condo development goes up next door. The highway through pastoral land is approved. Once-engaged citizens -- the backbone of our democracy because they vote, they volunteer and they get involved -- become disillusioned and occasionally bitter. "What's the point in speaking out?" I've heard said more than a few times. Then these citizens look at what's happening in Caledonia and Brantford. They begin to wonder whether they should have tried some of the tactics natives in those communities are using -- tactics that may or may not be legal but are certainly effective -- at least in the short term. Construction has stopped. Negotiations are underway. The feds have offered millions in compensation to settle land claims (so far rejected). New questions emerge: What's the point of following the rules? Is there one law for natives, another for the rest of us who would surely land our butts in jail if we behaved the same way? Into this frustration come people like Gary McHale, a whale of a man with an appetite for rabble rousing to match. He proposes to stand up for residents against law-breaking natives, but more often than not he simply raises tensions rather than alternatives, something that got him banned from entering Caledonia. Most recently, he filed 33 private charges against eight people last week, including terrorism, mischief, intimidation and extortion. Interesting, given he himself was charged with counselling mischief. The only thing McHale has done is add fuel to an already raging fire, and helped entrench positions, rather than foster a willingness to negotiate. And that's unfortunate, because we need cool heads, and a commitment to respectful debate. (But I'm not holding my breath, given how we "debate" abortion and other contentious matters - through name-calling rather than articulating thoughtful positions.) A neighbour of mine once gave me a postcard titled "How to Build Community." Some of the tips: Mediate a conflict. Seek to understand. Learn from new and uncomfortable angles. How can we apply that to this situation? NO ACCOUNTABILITY First, let's acknowledge the damage inflicted on natives, by trying to annihilate their culture, then by segregating them on often sub-standard remote land, and further by handing over billions of dollars to assuage our guilt without demanding some accountability or results. This harms natives most, but also undermines the confidence and good will of taxpayers. Second, let's insist on good-faith negotiation, which means ending blockades and insisting all sides make reasonable attempts to come to a realistic settlement. Finally, let's view the situation from an "uncomfortable angle," namely, should we continue to support the reserve system at all? It's a view worth debating. When will we have the moral courage to say this segregation should not continue? Our goal should be one standard for all Canadians. That doesn't, by the way, mean assimilating unique cultures, be they racial, religious, political, or geographic. Rather, it means fostering difference within a shared responsibility to work for the good of the entire community. It's time we started functioning as a community, instead of as islands of individual rights within a sea of discontent. Let's give all our residents a voice -- native and non -- but try to find a tune we can all sing together.
http://www.torontosun.com/Lifestyle/Colu....pf-6209016.html
By MARIANNE MEED WARD
I suspect there are more than a few non-native residents in the 905 who would like to occupy land because they disagree with what's being built there. Many of them would claim a sense of community ownership, if not legal title, to said land. They don't want their neighbourhoods destroyed by monster homes, big box stores and towering apartment buildings, where greenspace or single family homes once stood. But these residents don't erect blockades, beat up developers or charge fees to do business on their "claimed" property, as some natives in Caledonia and Brantford have done to protest construction on land they say is theirs. Instead, the usual course of action is to call the local city councillor, voice concerns at city hall meetings, gather petitions and occasionally organize a symbolic march through town. They follow the established -- and legal -- protocols of protest. And quite often they lose. The Wal-Mart comes to town anyway. The condo development goes up next door. The highway through pastoral land is approved. Once-engaged citizens -- the backbone of our democracy because they vote, they volunteer and they get involved -- become disillusioned and occasionally bitter. "What's the point in speaking out?" I've heard said more than a few times. Then these citizens look at what's happening in Caledonia and Brantford. They begin to wonder whether they should have tried some of the tactics natives in those communities are using -- tactics that may or may not be legal but are certainly effective -- at least in the short term. Construction has stopped. Negotiations are underway. The feds have offered millions in compensation to settle land claims (so far rejected). New questions emerge: What's the point of following the rules? Is there one law for natives, another for the rest of us who would surely land our butts in jail if we behaved the same way? Into this frustration come people like Gary McHale, a whale of a man with an appetite for rabble rousing to match. He proposes to stand up for residents against law-breaking natives, but more often than not he simply raises tensions rather than alternatives, something that got him banned from entering Caledonia. Most recently, he filed 33 private charges against eight people last week, including terrorism, mischief, intimidation and extortion. Interesting, given he himself was charged with counselling mischief. The only thing McHale has done is add fuel to an already raging fire, and helped entrench positions, rather than foster a willingness to negotiate. And that's unfortunate, because we need cool heads, and a commitment to respectful debate. (But I'm not holding my breath, given how we "debate" abortion and other contentious matters - through name-calling rather than articulating thoughtful positions.) A neighbour of mine once gave me a postcard titled "How to Build Community." Some of the tips: Mediate a conflict. Seek to understand. Learn from new and uncomfortable angles. How can we apply that to this situation? NO ACCOUNTABILITY First, let's acknowledge the damage inflicted on natives, by trying to annihilate their culture, then by segregating them on often sub-standard remote land, and further by handing over billions of dollars to assuage our guilt without demanding some accountability or results. This harms natives most, but also undermines the confidence and good will of taxpayers. Second, let's insist on good-faith negotiation, which means ending blockades and insisting all sides make reasonable attempts to come to a realistic settlement. Finally, let's view the situation from an "uncomfortable angle," namely, should we continue to support the reserve system at all? It's a view worth debating. When will we have the moral courage to say this segregation should not continue? Our goal should be one standard for all Canadians. That doesn't, by the way, mean assimilating unique cultures, be they racial, religious, political, or geographic. Rather, it means fostering difference within a shared responsibility to work for the good of the entire community. It's time we started functioning as a community, instead of as islands of individual rights within a sea of discontent. Let's give all our residents a voice -- native and non -- but try to find a tune we can all sing together.
http://www.torontosun.com/Lifestyle/Colu....pf-6209016.html
Attorney General drops extortion charge against Montours
OPP charge Six Nations couple with mischief
Posted By KAREN BEST CHRONICLE STAFF WRITER
Mischief, extortion and intimidation charges against two Six Nations community members were withdrawn and replaced by a mischief charge last week. According to Floyd Montour, his lawyer was told by the Crown Attorney that charges laid through private prosecution by Gary McHale were dropped and that OPP were charging him and Ruby Montour, his spouse, with mischief. The McHale charges stemmed from May incidents where the couple asked developer Michael Corrado to contact the Haudenosaunee Development Institute (HDI) and follow their approval process. The developer had just started construction on a townhouse subdivision on the south end of Cayuga. Corrado's partner, Dave Eccles, asked Canadian Advocates for Charter Equality (CANACE) to pursue private prosecution charges. CANACE was founded by McHale and Mark Vandermaas. In June, the developers obtained an injunction banning the Montours and others from interfering with construction. Since then, the Montours have yet to return to the Cayuga site. Floyd Montour said he had no concern about McHale's charges because he was doing something he shouldn't. The Montours are to be in court on Sept. 24 to answer to OPP-laid charges. Charges laid by a private person against the Montours were before the court on Aug. 20, said Brendan Crawley of the Ministry of the Attorney General's communications branch. "All of those charges were indictable so the Crown was required to intervene in this private prosecution under...the Crown Attorney's Act," he stated in an email. A separate OPP investigation resulted in mischief charges so citizen charges were withdrawn to avoid duplication, said Crawley. Asked why extortion and intimidation charges were withdrawn, he said he would not provide details on the Crown's reasons because of outstanding OPP charges before the court. Like all cases prosecuted by the Attorney General ministry, the two charges filed by a citizen were reviewed under the Crown charge screening policy which is more onerous than the standard applied by a justice of the peace at pre-hearings, Crawley noted.
OPP charge Six Nations couple with mischief
Posted By KAREN BEST CHRONICLE STAFF WRITER
Mischief, extortion and intimidation charges against two Six Nations community members were withdrawn and replaced by a mischief charge last week. According to Floyd Montour, his lawyer was told by the Crown Attorney that charges laid through private prosecution by Gary McHale were dropped and that OPP were charging him and Ruby Montour, his spouse, with mischief. The McHale charges stemmed from May incidents where the couple asked developer Michael Corrado to contact the Haudenosaunee Development Institute (HDI) and follow their approval process. The developer had just started construction on a townhouse subdivision on the south end of Cayuga. Corrado's partner, Dave Eccles, asked Canadian Advocates for Charter Equality (CANACE) to pursue private prosecution charges. CANACE was founded by McHale and Mark Vandermaas. In June, the developers obtained an injunction banning the Montours and others from interfering with construction. Since then, the Montours have yet to return to the Cayuga site. Floyd Montour said he had no concern about McHale's charges because he was doing something he shouldn't. The Montours are to be in court on Sept. 24 to answer to OPP-laid charges. Charges laid by a private person against the Montours were before the court on Aug. 20, said Brendan Crawley of the Ministry of the Attorney General's communications branch. "All of those charges were indictable so the Crown was required to intervene in this private prosecution under...the Crown Attorney's Act," he stated in an email. A separate OPP investigation resulted in mischief charges so citizen charges were withdrawn to avoid duplication, said Crawley. Asked why extortion and intimidation charges were withdrawn, he said he would not provide details on the Crown's reasons because of outstanding OPP charges before the court. Like all cases prosecuted by the Attorney General ministry, the two charges filed by a citizen were reviewed under the Crown charge screening policy which is more onerous than the standard applied by a justice of the peace at pre-hearings, Crawley noted.
Sunday, March 1, 2009
McHale's obsessive behaviour is nothing new
(We fully expect this "Remove Emerson" blog by McHale to disappear so read while you can):
http://removeemerson.blogspot.com/
He was even jailed over this behaviour way before he came to Caledonia:
"In 2001, he was jailed overnight for jamming Richmond Hill MP Bryon Wilfert's fax machine by sending the same 35-page document over and over again. Paul Martin's Liberal government was often a target in letters he sent to Toronto newspapers. In February, 2006, he started a blog dedicated to turfing British Columbia MP David Emerson for quitting the Liberals to join the new Tory government."
http://removeemerson.blogspot.com/
He was even jailed over this behaviour way before he came to Caledonia:
"In 2001, he was jailed overnight for jamming Richmond Hill MP Bryon Wilfert's fax machine by sending the same 35-page document over and over again. Paul Martin's Liberal government was often a target in letters he sent to Toronto newspapers. In February, 2006, he started a blog dedicated to turfing British Columbia MP David Emerson for quitting the Liberals to join the new Tory government."
PC Leader John Tory denounces Protest at Fantino's home
Caledonia residents protest outside Fantino's home
http://toronto.ctv.ca/servlet/an/local/CTVNews/20080302/Fantino_protest_080302/20080302?hub=TorontoHome
Updated: Sun Mar. 02 2008 6:59:09 PM
toronto.ctv.ca
Ontario's top cop had a few unwanted house guests this weekend as more than a dozen protesters gathered outside his home in Woodbridge to voice their concerns over the controversial Caledonia land claim dispute.
About 20 Caledonia residents drove two hours to the quiet residential community and demanded to speak to the Ontario Provincial Police commissioner.
"Come on out if you are in there, Mr. Fantino, we just want to talk," a protester yelled from outside the home.
Fantino spent the day in Caledonia where he planned to speak with residents.
Nonetheless, the group stayed on Fantino's street in a peaceful protest, holding signs and voicing their concerns over what they say is a lack of law and order in their Caledonia community.
The land claim dispute began two years ago and residents have often had violent clashes with the First Nations' protesters in their town.
Residents said they no longer feel safe in their community and have made several requests to speak with Fantino but to no avail.
"By bringing it down here, it puts it in his face," Christine McHale, a protest organizer, told CTV Toronto about bringing their concerns to Fantino's home. "The people in Caledonia have just gotten to a point where they are fed up."
Protesters said they don't feel they've crossed the line by going to Fantino's home because in Caledonia, protesters often come on their property.
"We brought it to Fantino so he knows we are not going to go away," said Merlyn Kinrade, a Caledonia resident. "We want law and order reestablished in the community."
Fantino's neighbours and even politicians said protesters crossed the line by bringing their fight to the commissioner's doorstep.
"If they want to protest the OPP they should go to headquarters," Ontario PC Leader John Tory said earlier this week. "If they really want to protest at the right place then they should come (to Queen's Park). What they shouldn't do is interfere with Mr. Fantino's privacy."
But the protesters offered no apologies and vowed to do it again if the situation in Caledonia doesn't improve.
"If I have to, I will go to (Native Affairs Minister Michael) Bryant and (Ontario Premier Dalton) McGuinty's home too," Caledonia resident Mark Vandermaas told protesters.
A spokesperson for the OPP told CTV Toronto Fantino continually meets with Caledonian residents to discuss the dispute and has even sat in on council meetings.
According to the OPP, 54 people have been arrested since the protest began.
With a report from CTV Toronto's Naomi Parness
http://toronto.ctv.ca/servlet/an/local/CTVNews/20080302/Fantino_protest_080302/20080302?hub=TorontoHome
Updated: Sun Mar. 02 2008 6:59:09 PM
toronto.ctv.ca
Ontario's top cop had a few unwanted house guests this weekend as more than a dozen protesters gathered outside his home in Woodbridge to voice their concerns over the controversial Caledonia land claim dispute.
About 20 Caledonia residents drove two hours to the quiet residential community and demanded to speak to the Ontario Provincial Police commissioner.
"Come on out if you are in there, Mr. Fantino, we just want to talk," a protester yelled from outside the home.
Fantino spent the day in Caledonia where he planned to speak with residents.
Nonetheless, the group stayed on Fantino's street in a peaceful protest, holding signs and voicing their concerns over what they say is a lack of law and order in their Caledonia community.
The land claim dispute began two years ago and residents have often had violent clashes with the First Nations' protesters in their town.
Residents said they no longer feel safe in their community and have made several requests to speak with Fantino but to no avail.
"By bringing it down here, it puts it in his face," Christine McHale, a protest organizer, told CTV Toronto about bringing their concerns to Fantino's home. "The people in Caledonia have just gotten to a point where they are fed up."
Protesters said they don't feel they've crossed the line by going to Fantino's home because in Caledonia, protesters often come on their property.
"We brought it to Fantino so he knows we are not going to go away," said Merlyn Kinrade, a Caledonia resident. "We want law and order reestablished in the community."
Fantino's neighbours and even politicians said protesters crossed the line by bringing their fight to the commissioner's doorstep.
"If they want to protest the OPP they should go to headquarters," Ontario PC Leader John Tory said earlier this week. "If they really want to protest at the right place then they should come (to Queen's Park). What they shouldn't do is interfere with Mr. Fantino's privacy."
But the protesters offered no apologies and vowed to do it again if the situation in Caledonia doesn't improve.
"If I have to, I will go to (Native Affairs Minister Michael) Bryant and (Ontario Premier Dalton) McGuinty's home too," Caledonia resident Mark Vandermaas told protesters.
A spokesperson for the OPP told CTV Toronto Fantino continually meets with Caledonian residents to discuss the dispute and has even sat in on council meetings.
According to the OPP, 54 people have been arrested since the protest began.
With a report from CTV Toronto's Naomi Parness
McHale's Lawsuit Threat Letter to CHCH TV
I have suffered and will continue to suffer serious damage as a result of the libel. This is my formal notice of intent to commence an action under the Libel and Slander Act.I request that you submit immediately to me in draft, a clear and unqualified apology and retraction for Viewer's Feedback to be posted on my website and for an on-air apology.Further, having regard to the gravity of the allegations made and the wide viewing of your network I am clearly entitled to substantial compensation as well as an apology. In addition to the draft apology I must ask you to submit your proposal as to a suggested compensation.If I do not receive a positive feedback regarding an apology and compensation by 5 pm Friday Nov. 30, 2007 then a legal action will be filed in court immediately against CHCH and ********
Please have someone contact me before Friday 5 pm.
Please have someone contact me before Friday 5 pm.
Fantino and Bryant comment on McHale et al
Fantino asked to attend rights mediation
http://www.thestar.com/News/Ontario/article/411097
THE CANADIAN PRESS
Ontario's top-ranking police officer is being pressured to attend an Ontario Human Rights Commission mediation session over an arrest made near a Six Nations occupation that some say shows the police treat aboriginal and non-aboriginal protesters differently.
Protester Mark Vandermaas lodged a complaint against OPP Commissioner Julian Fantino, and several other police officers, after he was arrested in December 2006 while trying to hang a Canadian flag near the occupied site of a former housing development in the southwestern Ontario town of Caledonia.
Since police did not prevent aboriginal flags from flapping in the wind around the site – let alone put an end to the occupation altogether – Vandermaas said his case shows police are enforcing a double-standard.
The complaint is being reviewed by the human rights commission, which has set a mediation meeting for both Vandermaas and Fantino on Oct. 1, and Fantino has 30 days to tell the commission whether he will agree to mediation, documents show.
Neither party is obligated to attend the mediation meeting but will have to be at a "fact finding" meeting to give evidence as part of the commission's ongoing investigation.
After attempts to get the Caledonia occupation investigated by the provincial police, the community safety minister and the province's ombudsman, Vandermaas said the human rights commission investigation is the first time that allegations of two-tier policing are being examined.
Vandermaas said he wants a written apology from the OPP and a promise that aboriginals and non-aboriginal protesters will be treated the same.
"I would hope that the commissioner (Fantino) sees the writing on wall and realizes that race-based policing is not sustainable," he said. "It's not going to be allowed by the citizens of Ontario. I hope he'll come to this meeting in good faith."
Vandermaas, along with protester Gary McHale, have come under fire for holding numerous rallies against the police handling of the occupation in the beleaguered town – although neither of them live in Caledonia.
Fantino has made no attempt to hide his contempt, labelling them ``mischief makers" who have cost taxpayers "well over half-a-million dollars" in increased police resources. Fantino was away Monday and unavailable for comment.
An OPP spokesman said they are aware of the meeting and haven't decided who will attend.
Aboriginal Affairs Minister Michael Bryant said the human rights complaint doesn't help resolve a complex situation dating back hundreds of years. Most people don't have much sympathy for Vandermaas or McHale after their tense rallies in the divided town, he said.
"Their activity, generally-speaking, is extremely harmful and, as far as I can tell, unwelcome by everybody," Bryant said. "I know a lot of people in Caledonia feel that they're individuals who are just trying to get attention for themselves and are, in fact, stirring it up."
Jeff Poirier, with the Ontario Human Rights Commission, said privacy considerations prevent him from talking about any complaints lodged with the commission.
The commission is obligated to investigate complaints it receives from the public but parties are always encouraged to resolve their differences through mediation, he said.
"The first thing we always do is offer mediation," Poirier said. "We have a good success rate when people agree to attempt mediation . . . But if one of the parties say no, then away it goes to investigation."
http://www.thestar.com/News/Ontario/article/411097
THE CANADIAN PRESS
Ontario's top-ranking police officer is being pressured to attend an Ontario Human Rights Commission mediation session over an arrest made near a Six Nations occupation that some say shows the police treat aboriginal and non-aboriginal protesters differently.
Protester Mark Vandermaas lodged a complaint against OPP Commissioner Julian Fantino, and several other police officers, after he was arrested in December 2006 while trying to hang a Canadian flag near the occupied site of a former housing development in the southwestern Ontario town of Caledonia.
Since police did not prevent aboriginal flags from flapping in the wind around the site – let alone put an end to the occupation altogether – Vandermaas said his case shows police are enforcing a double-standard.
The complaint is being reviewed by the human rights commission, which has set a mediation meeting for both Vandermaas and Fantino on Oct. 1, and Fantino has 30 days to tell the commission whether he will agree to mediation, documents show.
Neither party is obligated to attend the mediation meeting but will have to be at a "fact finding" meeting to give evidence as part of the commission's ongoing investigation.
After attempts to get the Caledonia occupation investigated by the provincial police, the community safety minister and the province's ombudsman, Vandermaas said the human rights commission investigation is the first time that allegations of two-tier policing are being examined.
Vandermaas said he wants a written apology from the OPP and a promise that aboriginals and non-aboriginal protesters will be treated the same.
"I would hope that the commissioner (Fantino) sees the writing on wall and realizes that race-based policing is not sustainable," he said. "It's not going to be allowed by the citizens of Ontario. I hope he'll come to this meeting in good faith."
Vandermaas, along with protester Gary McHale, have come under fire for holding numerous rallies against the police handling of the occupation in the beleaguered town – although neither of them live in Caledonia.
Fantino has made no attempt to hide his contempt, labelling them ``mischief makers" who have cost taxpayers "well over half-a-million dollars" in increased police resources. Fantino was away Monday and unavailable for comment.
An OPP spokesman said they are aware of the meeting and haven't decided who will attend.
Aboriginal Affairs Minister Michael Bryant said the human rights complaint doesn't help resolve a complex situation dating back hundreds of years. Most people don't have much sympathy for Vandermaas or McHale after their tense rallies in the divided town, he said.
"Their activity, generally-speaking, is extremely harmful and, as far as I can tell, unwelcome by everybody," Bryant said. "I know a lot of people in Caledonia feel that they're individuals who are just trying to get attention for themselves and are, in fact, stirring it up."
Jeff Poirier, with the Ontario Human Rights Commission, said privacy considerations prevent him from talking about any complaints lodged with the commission.
The commission is obligated to investigate complaints it receives from the public but parties are always encouraged to resolve their differences through mediation, he said.
"The first thing we always do is offer mediation," Poirier said. "We have a good success rate when people agree to attempt mediation . . . But if one of the parties say no, then away it goes to investigation."
McHale begging for money
Donations for March for Freedom & our Web Site
As everyone knows we, my wife and I, have no backers, no big corporations behind us, no Government departments giving us money. It comes down to the People of Caledonia and of Ontario to take a stand and provide the money needed for all the things we need. We should point out that the Native Protesters have received $100,000 from their band council to continue their protest.Everyone believes the non-natives will not unite, will not take a stand together. That is why no one listens to us. We need to prove to the Government, to the OPP and others that we will come to the aid of fellow Canadians that will stand together and unite and pay the price for Freedom.I wish I could tell you that some political party was backing all of this, or some Government department, but no party wants to touch the topic. Please, your help is needed today.
Best is if you do online banking send money to GaryMcHale@rogers.com use our cat's name for password - tabitha (lower case)
Or by Mail:
Gary McHale612-30 Harding Blvd.Richmond Hill, ONL4C 9M3
As everyone knows we, my wife and I, have no backers, no big corporations behind us, no Government departments giving us money. It comes down to the People of Caledonia and of Ontario to take a stand and provide the money needed for all the things we need. We should point out that the Native Protesters have received $100,000 from their band council to continue their protest.Everyone believes the non-natives will not unite, will not take a stand together. That is why no one listens to us. We need to prove to the Government, to the OPP and others that we will come to the aid of fellow Canadians that will stand together and unite and pay the price for Freedom.I wish I could tell you that some political party was backing all of this, or some Government department, but no party wants to touch the topic. Please, your help is needed today.
Best is if you do online banking send money to GaryMcHale@rogers.com use our cat's name for password - tabitha (lower case)
Or by Mail:
Gary McHale612-30 Harding Blvd.Richmond Hill, ONL4C 9M3
Brantford Homebuilder tells McHale to stay off his property.
(from Brantford Expositor)
Homebuilder says activist unwelcome at construction site
Posted By Michael-Allan Marion
A city homebuilder is livid that activist Gary McHale brought his protests against native actions at housing developments to his stalled construction site on Grand River Avenue.McHale showed up with seven cohorts bearing Canadian flags and placards on Friday afternoon at the site of a townhouse development being undertaken by Mayberry Homes, owned by Mike Quattrociocchi.They protested for a while, then left.But when he learned of McHale's action, he immediately got on the phone to local politicians and the media to angrily insist he told the activist beforehand not to come to Brantford."I told him in no uncertain terms to stay away from my site," the builder and former city councillor recounted in an interview."I said, 'I don't need your help.'"Quattrociocchi said he had also e-mailed city police to inform them he didn't want McHale on the property and made sure the unwanted activist knew that."So what does he do? He shows up anyway," Quattrociocchi said."I want nothing to do with McHale. All he's trying to do is continue his natives-against-non-natives thing. Nobody needs this. I don't want to fight anyone. Fighting's too easy."
O.P.P Officers Sue McHale $7.4 Million
http://www.thestar.com/printArticle/204969
TheStar.com - News -
Caledonia protester faces $7.4M suit
April 19, 2007 Canadian PressThe owner of a website critical of the provincial police force’s handling of an aboriginal occupation is facing a $7.1-million lawsuit filed by a group of 22 Ontario officers who say they have been defamed.
The officers are suing Gary McHale, the organizer of several divisive rallies in the southern Ontario town of Caledonia. The community has been living with the ongoing occupation for more than a year.
On his website, McHale criticized the provincial police officers who stopped him from hanging Canadian flags near the occupied site — saying they were violating their oath of office and treating aboriginal protesters differently than others.
Although McHale has since posted a written apology on the site, he was served with the lawsuit last week.
“As a result of the defamatory publications, the plaintiffs have and will continue to suffer damage and harm to their reputations personally and in their profession as police officers,” reads a statement of claim filed by a Toronto law firm on behalf of the 22 Ontario Provincial Police (OPP) officers.
“The malicious, high-handed and arrogant conduct of the defendant warrants an award of punitive damages.”
The website manipulated photos of one officer, attributing words to him that imply he “performs his duties as a police officer in a racist manner,” the statement of claim said.
The photos of all the 22 police officers were also posted on the site under the heading “OPP: Hang your heads in shame,” adding ``each and every . . . one of these officers are guilty of violating their oath of office and their sworn duty to the public,” the statement of claim said.
Although McHale has repeatedly been served with notices of libel by police officers regarding the contents of his website, the statement of claim said he didn’t remove the material in question but instead just posted the notice of libel.
The allegations have not been proven in court.
Despite the prospect of being on the hook for $7 million in damages and other legal fees on top of that, McHale said he’s not worried.
“Maybe they’re hoping that (when) facing the legal costs of paying a lawyer, we’ll just shut down the website,” McHale said.
John Findlay, McHale’s Hamilton lawyer, said he questions why the lawsuit is claiming $7.1 million in damages from the unemployed computer programmer who runs the website primarily from donations.
“It just seems like a lot of money,” he said.
Although he doesn’t live in Caledonia, McHale has been a vocal critic of the ongoing occupation in saying police are not treating aboriginal protesters as harshly as others who break the law.
The lawsuit comes as Ontario Provincial Police Commissioner Julian Fantino is being investigated by the province for an e-mail he sent to Caledonia politicians, suggesting they supported McHale’s rallies.
In the e-mail, Fantino said if any of his officers are injured as a result, he will support any lawsuit brought by them against the town and won’t support the renewal of the force’s contract to police Caledonia.
Six Nations protesters have occupied the former housing development site since February 2006. They say the land was stolen from them by the Crown over 200 years ago and they will remain on the site until it is returned.
TheStar.com - News -
Caledonia protester faces $7.4M suit
April 19, 2007 Canadian PressThe owner of a website critical of the provincial police force’s handling of an aboriginal occupation is facing a $7.1-million lawsuit filed by a group of 22 Ontario officers who say they have been defamed.
The officers are suing Gary McHale, the organizer of several divisive rallies in the southern Ontario town of Caledonia. The community has been living with the ongoing occupation for more than a year.
On his website, McHale criticized the provincial police officers who stopped him from hanging Canadian flags near the occupied site — saying they were violating their oath of office and treating aboriginal protesters differently than others.
Although McHale has since posted a written apology on the site, he was served with the lawsuit last week.
“As a result of the defamatory publications, the plaintiffs have and will continue to suffer damage and harm to their reputations personally and in their profession as police officers,” reads a statement of claim filed by a Toronto law firm on behalf of the 22 Ontario Provincial Police (OPP) officers.
“The malicious, high-handed and arrogant conduct of the defendant warrants an award of punitive damages.”
The website manipulated photos of one officer, attributing words to him that imply he “performs his duties as a police officer in a racist manner,” the statement of claim said.
The photos of all the 22 police officers were also posted on the site under the heading “OPP: Hang your heads in shame,” adding ``each and every . . . one of these officers are guilty of violating their oath of office and their sworn duty to the public,” the statement of claim said.
Although McHale has repeatedly been served with notices of libel by police officers regarding the contents of his website, the statement of claim said he didn’t remove the material in question but instead just posted the notice of libel.
The allegations have not been proven in court.
Despite the prospect of being on the hook for $7 million in damages and other legal fees on top of that, McHale said he’s not worried.
“Maybe they’re hoping that (when) facing the legal costs of paying a lawyer, we’ll just shut down the website,” McHale said.
John Findlay, McHale’s Hamilton lawyer, said he questions why the lawsuit is claiming $7.1 million in damages from the unemployed computer programmer who runs the website primarily from donations.
“It just seems like a lot of money,” he said.
Although he doesn’t live in Caledonia, McHale has been a vocal critic of the ongoing occupation in saying police are not treating aboriginal protesters as harshly as others who break the law.
The lawsuit comes as Ontario Provincial Police Commissioner Julian Fantino is being investigated by the province for an e-mail he sent to Caledonia politicians, suggesting they supported McHale’s rallies.
In the e-mail, Fantino said if any of his officers are injured as a result, he will support any lawsuit brought by them against the town and won’t support the renewal of the force’s contract to police Caledonia.
Six Nations protesters have occupied the former housing development site since February 2006. They say the land was stolen from them by the Crown over 200 years ago and they will remain on the site until it is returned.
Mayor of Haldimand And Minister of Aboriginal Affairs call McHale's rallies dangerous and counter-productive
OPP arrest Caledonia protest organizer McHale
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20061216/caledonia_arrest_061216/20061216?hub=TopStories
Updated Sat. Dec. 16 2006 11:34 PM ET
CTV.ca News Staff
Gary McHale, the Richmond Hill man who has organized demonstrations at the site of an ongoing aboriginal occupation in southwestern Ontario was arrested Saturday as he made his way to the disputed property.
McHale was arrested along with Mark Vandermaas of London, by the Ontario Provincial Police as they approached the property waving Canadian flags. Police had warned McHale against attempting such a move.
CTV's Joel Bowey said the men intended to post the Canadian flag across the street from where aboriginal flags are currently flying.
"The OPP set up a line just about a hundred yards away from that site and several people were able to cross that line. They got through a farmer's field on far left side of where I'm standing here," Bowey told CTV Newsnet.
"We're hearing that Mr. McHale got in the middle of the street and put a flag down there, and that's when he and the other man from London, Ont. were arrested. So far all we know is that those two men have been arrested and there are no other arrests at this point."
Vandermaas was reportedly forced to the ground by police, and the flag was ripped out of his hands when he crossed the police line.
The OPP said the men were arrested on charges of breaking the peace, which they noted is not a criminal offence, The Canadian Press reports.
Bowey said the site was relatively peaceful, beyond some yelling and shoving that took place. About 100 people who had gathered for the rally dispersed after the men were arrested.
The natives have occupied the housing development for 10 months, and have been negotiating with the province to end the dispute. They have vowed to remain on the land until it is returned to them.
The demonstration was condemned by many who said it had the potential to reignite tensions between the native protesters, non-native community residents and police.
"I've now said that Mr. McHale's plans were counterproductive and potentially dangerous to what we've been trying to do there, and that is to reach a peaceful settlement,'' said David Ramsay, Ontario's minister responsible for aboriginal affairs.
"I've twice now offered Mr. McHale the opportunity to protest at Queen's Park. In fact, I said I would sponsor his rally and set up a platform and a microphone, a PA system for him.''
McHale held an earlier rally in October that turned into a two-hour standoff after protesters tried to storm the disputed property.
He appeared on CTV Newsnet Saturday morning before the planned Saturday demonstration.
He alleged that police are discriminating by turning a blind eye to aboriginals who break the law at the site.
"When a native commits a serious crime or any crime, they stand by and watch the crime take place and will not do anything to stop the crime. When a resident does the simplest thing, even putting up a Canadian flag or drinking a coffee in a lawn chair across some magic line, they will send in scores of officers to arrest the person," he said.
"We have to take a stand and say to police forces that there is one set of laws for all citizens."
McHale said he intends to continue drawing attention to the perceived inequity, and needs to demonstrate at the site of the occupation, not at Queen's Park, in order to garner media attention.
McHale, who lives more than 100 kilometres from Caledonia, said he has involved himself in the Caledonia dispute because people in the area are living in fear of intimidation and are not in a position to speak out.
However, many in the area, including the mayor of Caledonia, have said his actions are counter-productive.
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20061216/caledonia_arrest_061216/20061216?hub=TopStories
Updated Sat. Dec. 16 2006 11:34 PM ET
CTV.ca News Staff
Gary McHale, the Richmond Hill man who has organized demonstrations at the site of an ongoing aboriginal occupation in southwestern Ontario was arrested Saturday as he made his way to the disputed property.
McHale was arrested along with Mark Vandermaas of London, by the Ontario Provincial Police as they approached the property waving Canadian flags. Police had warned McHale against attempting such a move.
CTV's Joel Bowey said the men intended to post the Canadian flag across the street from where aboriginal flags are currently flying.
"The OPP set up a line just about a hundred yards away from that site and several people were able to cross that line. They got through a farmer's field on far left side of where I'm standing here," Bowey told CTV Newsnet.
"We're hearing that Mr. McHale got in the middle of the street and put a flag down there, and that's when he and the other man from London, Ont. were arrested. So far all we know is that those two men have been arrested and there are no other arrests at this point."
Vandermaas was reportedly forced to the ground by police, and the flag was ripped out of his hands when he crossed the police line.
The OPP said the men were arrested on charges of breaking the peace, which they noted is not a criminal offence, The Canadian Press reports.
Bowey said the site was relatively peaceful, beyond some yelling and shoving that took place. About 100 people who had gathered for the rally dispersed after the men were arrested.
The natives have occupied the housing development for 10 months, and have been negotiating with the province to end the dispute. They have vowed to remain on the land until it is returned to them.
The demonstration was condemned by many who said it had the potential to reignite tensions between the native protesters, non-native community residents and police.
"I've now said that Mr. McHale's plans were counterproductive and potentially dangerous to what we've been trying to do there, and that is to reach a peaceful settlement,'' said David Ramsay, Ontario's minister responsible for aboriginal affairs.
"I've twice now offered Mr. McHale the opportunity to protest at Queen's Park. In fact, I said I would sponsor his rally and set up a platform and a microphone, a PA system for him.''
McHale held an earlier rally in October that turned into a two-hour standoff after protesters tried to storm the disputed property.
He appeared on CTV Newsnet Saturday morning before the planned Saturday demonstration.
He alleged that police are discriminating by turning a blind eye to aboriginals who break the law at the site.
"When a native commits a serious crime or any crime, they stand by and watch the crime take place and will not do anything to stop the crime. When a resident does the simplest thing, even putting up a Canadian flag or drinking a coffee in a lawn chair across some magic line, they will send in scores of officers to arrest the person," he said.
"We have to take a stand and say to police forces that there is one set of laws for all citizens."
McHale said he intends to continue drawing attention to the perceived inequity, and needs to demonstrate at the site of the occupation, not at Queen's Park, in order to garner media attention.
McHale, who lives more than 100 kilometres from Caledonia, said he has involved himself in the Caledonia dispute because people in the area are living in fear of intimidation and are not in a position to speak out.
However, many in the area, including the mayor of Caledonia, have said his actions are counter-productive.
Hate Crime Against a Race of People ? (McHale's Sweeping allegations against all natives)
http://www.caledoniawakeupcall.com/who.html
Who Are We?
We are not residents of Caledonia.
We are located in the Toronto area.
We, my wife and I, are two concerned citizens who have become involved for 3 reasons.
1) The Complete failure of Toronto & National media in reporting this story.
2) The Complete failure of the OPP to enforce the Criminal Code.
3) The Absolute willingness on the part of Native People to commit crimes and to do violence against others.
This has led the Natives to believe that they have the right to destroy other people's property as well as to use violence as a means to an end - that end being a complete independent country. However, the Natives still want Canada to pay for the services in their independent country.
Gualtieri Family shuns McHale and leaves Thankgiving Rally '07
from the Turtle Island News
by Duane Rollins
CALEDONIA--Joe Gualtieri and his three nieces walked away from a protest organized by Gary McHale and Mark Vandermass Monday, after several people involved began to challenge police authority.Gualtieri, whose brother Sam was injured when he was involved in an altercation with native youth on the Stirling Woods construction site last month, spoke at the rally. There, he called for a public inquiry into the handling of the “occupations” at Kanonhstaton (former DCE) and Stirling Woods. However, he stressed to the group of about 100 that his family would not support civil disobedience.Later, as protesters attempted to force their way through about 20 OPP officers that had set of a barricade at the corner of Stirling and Peeples streets, Gualtieri quietly slipped away.“Sam didn’t want to inflame the situation,” Gualtieri said. “He’d be upset by this.”“We told them at the rally that we would not support civil disobedience, so we are going to leave.”The group had marched from the Lions club in Caledonia towards the Stirling Woods site with the intent of hanging a Canadian flag from a utility pole. However, acting on the request of the developers, OPP would not allow the group access to the site.One woman, who would not give her name, expressed anger at the police action.“We weren’t looking for conflict,” she said. “If they had just let us do what we came to do we would have left already to eat our turkey.”About half of the group left the protest after it became clear that police would not allow them through. Those that remained became increasingly agitated.Several individuals threatened to break through the line and two protesters did. In one case a man carrying a Canadian flag returned behind the barricade on his own accord. In another case, a man of about 40 was arrested for obstruction. His name has not been released.Not everyone in Caledonia agreed with the actions of the protesters.Dan Roberts is a Caledonia resident who said he is a “proud Canadian that sees both sides of the issue.” He estimates that about 85 per cent of Caledonia is either opposed to McHale and Vandermass’ efforts, or don’t care one way or another.Roberts says that even among those that do support the “ideals” of the protesters, few support the approach they take.More people would vocalize their opposition to McHale and Vandermass if they did not fear being sued by the two men, Roberts said.“Both Caledonia and Six Nations people want to coexist peacefully,” Roberts said. “Whenever he comes he does nothing to help that. His protests are disruptive and serve no positive purpose.”Roberts said that if McHale wishes to protest, he should do so in Ottawa or at Queen’s Park.After it became clear that the police weren’t going to allow the protesters onto the Stirling Creek site, a new plan was made. The protesters decided to march to Kanonhstaton, where a Thanksgiving potluck dinner was taking place.Police quickly mobilized, setting up a makeshift barricade on Braemar Avenue and to the west of Kanonhstaton.Although there were about 100 people on the site for the potluck, there was little interaction between the protesters and those on the site.Eventually, a small Canadian flag was hung on a pole across the road from the Caledonia Baptist Church.A small group of about 10 protesters stayed on the roadside about 100 meters west of Kanonhstaton until about 7:30 p.m.
by Duane Rollins
CALEDONIA--Joe Gualtieri and his three nieces walked away from a protest organized by Gary McHale and Mark Vandermass Monday, after several people involved began to challenge police authority.Gualtieri, whose brother Sam was injured when he was involved in an altercation with native youth on the Stirling Woods construction site last month, spoke at the rally. There, he called for a public inquiry into the handling of the “occupations” at Kanonhstaton (former DCE) and Stirling Woods. However, he stressed to the group of about 100 that his family would not support civil disobedience.Later, as protesters attempted to force their way through about 20 OPP officers that had set of a barricade at the corner of Stirling and Peeples streets, Gualtieri quietly slipped away.“Sam didn’t want to inflame the situation,” Gualtieri said. “He’d be upset by this.”“We told them at the rally that we would not support civil disobedience, so we are going to leave.”The group had marched from the Lions club in Caledonia towards the Stirling Woods site with the intent of hanging a Canadian flag from a utility pole. However, acting on the request of the developers, OPP would not allow the group access to the site.One woman, who would not give her name, expressed anger at the police action.“We weren’t looking for conflict,” she said. “If they had just let us do what we came to do we would have left already to eat our turkey.”About half of the group left the protest after it became clear that police would not allow them through. Those that remained became increasingly agitated.Several individuals threatened to break through the line and two protesters did. In one case a man carrying a Canadian flag returned behind the barricade on his own accord. In another case, a man of about 40 was arrested for obstruction. His name has not been released.Not everyone in Caledonia agreed with the actions of the protesters.Dan Roberts is a Caledonia resident who said he is a “proud Canadian that sees both sides of the issue.” He estimates that about 85 per cent of Caledonia is either opposed to McHale and Vandermass’ efforts, or don’t care one way or another.Roberts says that even among those that do support the “ideals” of the protesters, few support the approach they take.More people would vocalize their opposition to McHale and Vandermass if they did not fear being sued by the two men, Roberts said.“Both Caledonia and Six Nations people want to coexist peacefully,” Roberts said. “Whenever he comes he does nothing to help that. His protests are disruptive and serve no positive purpose.”Roberts said that if McHale wishes to protest, he should do so in Ottawa or at Queen’s Park.After it became clear that the police weren’t going to allow the protesters onto the Stirling Creek site, a new plan was made. The protesters decided to march to Kanonhstaton, where a Thanksgiving potluck dinner was taking place.Police quickly mobilized, setting up a makeshift barricade on Braemar Avenue and to the west of Kanonhstaton.Although there were about 100 people on the site for the potluck, there was little interaction between the protesters and those on the site.Eventually, a small Canadian flag was hung on a pole across the road from the Caledonia Baptist Church.A small group of about 10 protesters stayed on the roadside about 100 meters west of Kanonhstaton until about 7:30 p.m.
McHale rambles on and states all natives think they can kill people
Nov 23 news story
(http://ca.news.yahoo.com/s/capress/071123/national/aboriginal_hangings)
When do you think the Chilcotin people will apologize for killing 20 non-Natives?Truly amzing how the Native side refuses to accept that maybe their did do things that were wrong.Why do Native people believe they have the Right to kill people?Natives and God one:Just more proof that the Native Supremacy views that some of these people have. When 'Whites' claim to be empowered by God to have authority over others we call that racism.I wonder if God, the Creator, gave authority to the Native Protesters to beat Sam. Was it a phone call, text messaging or written in the clouds.Every Supremacy group claims God has given them, and them alone, special authority.Just a quick question... is the Creator the same Creator of 'Whites' and if so does the Creator give any Rights to 'Whites"?Natives are communists onesee the Communist Party of Canada has DCE Occupation support material on their website and they claim to have been to various events on DCE. The DCE occupiers also have the support of the Marxist-Leninist newspapers.It is all very clear now... no free speech because Native Occupiers share the same views as the Communist. So the protesters hate KKKanada but love Communism.In fact everything I have seen to date shows that the Native Protesters believe they have the right to force their agenda upon everyone else... sound just like how Communism works and if you don't like it well too bad because they will send in masked warriors to stop any opposition. Attack the media, intimidate the public and silence anyone who speaks out.MLK faced the hatred and anger of many KKK members.The KKK had many of the exact same beliefs as do the Native Protesters.The KKK demanded to be segregated from Blacks.The KKK demanded special rights over the Blacks.The KKK stated their culture needed to be protected from the Blacks.The KKK believed they were above the Law.The KKK believed violence to protect their culture was acceptable.The KKK believed they were not accountable to the Courts but to a higher rule.The KKK was willing to pull people in the hospital or kill people to further their cause.The KKK attacked Blacks as they March.The KKK attacked Blacks who moved into the area.The KKK wrapped themselves up in their flag.The KKK hated outsiders who came to help the Black- ie. two white civil rights advocates from the north that were murdered.I think the Native Protesters and the KKK are the exact same.Change the flag and colours but the hate is still the same.The biggest message yesterday will be the one heard in court.The fact that native people were able to be with us for 1.5 hours of speeches without anyone confronting them and the fact that Mr. Powless was allowed to speak just create big problems for the OPP who claim that at our rallies they have to keep the two sides apart.In fact, there was no confrontation until the OPP got involved.The evidence gathered yesterday will play a role in court which is one of the main reason we have Marches.
Without the Marches we would not be able to systemically gather evidence against the OPP.
(http://ca.news.yahoo.com/s/capress/071123/national/aboriginal_hangings)
When do you think the Chilcotin people will apologize for killing 20 non-Natives?Truly amzing how the Native side refuses to accept that maybe their did do things that were wrong.Why do Native people believe they have the Right to kill people?Natives and God one:Just more proof that the Native Supremacy views that some of these people have. When 'Whites' claim to be empowered by God to have authority over others we call that racism.I wonder if God, the Creator, gave authority to the Native Protesters to beat Sam. Was it a phone call, text messaging or written in the clouds.Every Supremacy group claims God has given them, and them alone, special authority.Just a quick question... is the Creator the same Creator of 'Whites' and if so does the Creator give any Rights to 'Whites"?Natives are communists onesee the Communist Party of Canada has DCE Occupation support material on their website and they claim to have been to various events on DCE. The DCE occupiers also have the support of the Marxist-Leninist newspapers.It is all very clear now... no free speech because Native Occupiers share the same views as the Communist. So the protesters hate KKKanada but love Communism.In fact everything I have seen to date shows that the Native Protesters believe they have the right to force their agenda upon everyone else... sound just like how Communism works and if you don't like it well too bad because they will send in masked warriors to stop any opposition. Attack the media, intimidate the public and silence anyone who speaks out.MLK faced the hatred and anger of many KKK members.The KKK had many of the exact same beliefs as do the Native Protesters.The KKK demanded to be segregated from Blacks.The KKK demanded special rights over the Blacks.The KKK stated their culture needed to be protected from the Blacks.The KKK believed they were above the Law.The KKK believed violence to protect their culture was acceptable.The KKK believed they were not accountable to the Courts but to a higher rule.The KKK was willing to pull people in the hospital or kill people to further their cause.The KKK attacked Blacks as they March.The KKK attacked Blacks who moved into the area.The KKK wrapped themselves up in their flag.The KKK hated outsiders who came to help the Black- ie. two white civil rights advocates from the north that were murdered.I think the Native Protesters and the KKK are the exact same.Change the flag and colours but the hate is still the same.The biggest message yesterday will be the one heard in court.The fact that native people were able to be with us for 1.5 hours of speeches without anyone confronting them and the fact that Mr. Powless was allowed to speak just create big problems for the OPP who claim that at our rallies they have to keep the two sides apart.In fact, there was no confrontation until the OPP got involved.The evidence gathered yesterday will play a role in court which is one of the main reason we have Marches.
Without the Marches we would not be able to systemically gather evidence against the OPP.
Religious Ramblings of McHale (just a sample)
http://www.caledoniawakeupcall.com/news/extremists.html
Note: The Text has been removed due to a copyright Complaint. Instead, it has been replaced with just the link.
Thank You
Note: The Text has been removed due to a copyright Complaint. Instead, it has been replaced with just the link.
Thank You
Deseronto Mayor, Lions and Legion want McHale and group to stay away
No room for inflammatory rhetoric
Thursday, June 07, 2007
Belleville Intelligencer
Municipal and Canadian Legion officials in Deseronto have wisely headed off, for now, a potentially ugly confrontation between antagonists in the non-native community intent on stirring up passions over the Deseronto quarry occupation and Mohawks who insist the land is theirs.As reported in The Intelligencer this week, Mark Vandermaas, editor of the Voice of Canada Internet weblog, and others had planned to come to Deseronto to hold a public meeting about "the rule of law" and a "two-tiered justice system" that his organization claims allows violence to prevail in native land claim protests.But first the Deseronto Lions Hall, then the Royal Canadian Legion in the town denied them meeting space."What's really frightening is it's shutting down free speech with people who have never committed a crime and never instigated hatred," said Vandermaas, a London-based real estate broker who also compiled the Ipperwash Papers, a compilation he said represented an account of what residents experienced in the Ipperwash conflict.Vandermaas and Gary McHale, of Richmond Hill, owner of the website Caledonia Wake Up Call, were arrested in December for hanging Canadian flags across from the protest site in Caledonia. They have also been involved in lawsuits and countersuits with the Ontario Provincial Police, who they say have been ineffective in protecting the rights of non-natives. McHale's website has also posted wanted posters with pictures of individual officers.Municipal official Brian Brooks, who books the Lions Hall, said none of Vandermaas' and McHale's past shenanigans influenced his decision.The hall, he said, is mainly used by community groups who already have arrangements through to the end of this month.Regardless, he said, it was clear the planned "public meeting" was likely aimed at drawing the spotlight on Deseronto for other reasons than public education."I don't believe it was an educational process. I think that they had further intent. But the grounds we turned them down on was that it's a facility for community associations," said Brooks.Mayor Clarence Zieman, too, was understandably reluctant to see his municipality play host to an anti-policing rally.Vandermaas and McHale are quite clearly on record as vocally and litigiously critical of the manner in which Ontario Provincial Police are handling native protests."We're trying to deal with this situation the best we can," Zieman said."From what I understand, the meeting would have been to berate what they call a two-tier system of policing. We're quite happy with what the OPP are doing."Zieman, Brooks and the Legion officials who told Vandermaas, essentially, to find another arena for his protest made the right decisions.As the experience has shown at Caledonia - where Vandermaas and McHale were arrested for their actions - tempers are hot on both sides of the native land claim issue.The climate in Deseronto, while tense, has not yet reached a fever pitch as it has, on occasion, in Caledonia.Municipal officials there would do well to keep a lid on such gathering, as best as they control them.Vandermaas, for his part, vows to perhaps hold a meeting in a park or other public area in Deseronto.Residents would do well, too, to take a pass on his rhetoric as it serves no purpose in helping resolve the situation over the Culbertson Land Tract negotiations or the occupation at the disputed quarry.
Thursday, June 07, 2007
Belleville Intelligencer
Municipal and Canadian Legion officials in Deseronto have wisely headed off, for now, a potentially ugly confrontation between antagonists in the non-native community intent on stirring up passions over the Deseronto quarry occupation and Mohawks who insist the land is theirs.As reported in The Intelligencer this week, Mark Vandermaas, editor of the Voice of Canada Internet weblog, and others had planned to come to Deseronto to hold a public meeting about "the rule of law" and a "two-tiered justice system" that his organization claims allows violence to prevail in native land claim protests.But first the Deseronto Lions Hall, then the Royal Canadian Legion in the town denied them meeting space."What's really frightening is it's shutting down free speech with people who have never committed a crime and never instigated hatred," said Vandermaas, a London-based real estate broker who also compiled the Ipperwash Papers, a compilation he said represented an account of what residents experienced in the Ipperwash conflict.Vandermaas and Gary McHale, of Richmond Hill, owner of the website Caledonia Wake Up Call, were arrested in December for hanging Canadian flags across from the protest site in Caledonia. They have also been involved in lawsuits and countersuits with the Ontario Provincial Police, who they say have been ineffective in protecting the rights of non-natives. McHale's website has also posted wanted posters with pictures of individual officers.Municipal official Brian Brooks, who books the Lions Hall, said none of Vandermaas' and McHale's past shenanigans influenced his decision.The hall, he said, is mainly used by community groups who already have arrangements through to the end of this month.Regardless, he said, it was clear the planned "public meeting" was likely aimed at drawing the spotlight on Deseronto for other reasons than public education."I don't believe it was an educational process. I think that they had further intent. But the grounds we turned them down on was that it's a facility for community associations," said Brooks.Mayor Clarence Zieman, too, was understandably reluctant to see his municipality play host to an anti-policing rally.Vandermaas and McHale are quite clearly on record as vocally and litigiously critical of the manner in which Ontario Provincial Police are handling native protests."We're trying to deal with this situation the best we can," Zieman said."From what I understand, the meeting would have been to berate what they call a two-tier system of policing. We're quite happy with what the OPP are doing."Zieman, Brooks and the Legion officials who told Vandermaas, essentially, to find another arena for his protest made the right decisions.As the experience has shown at Caledonia - where Vandermaas and McHale were arrested for their actions - tempers are hot on both sides of the native land claim issue.The climate in Deseronto, while tense, has not yet reached a fever pitch as it has, on occasion, in Caledonia.Municipal officials there would do well to keep a lid on such gathering, as best as they control them.Vandermaas, for his part, vows to perhaps hold a meeting in a park or other public area in Deseronto.Residents would do well, too, to take a pass on his rhetoric as it serves no purpose in helping resolve the situation over the Culbertson Land Tract negotiations or the occupation at the disputed quarry.
Deseronto Keeps McHale and pals out
Deseronto keeps contentious group out
Samantha Craggs
Tuesday, June 05, 2007
Belleville Intelligencer
A controversial citizens group involved in the Caledonia land claim dispute has been turned away from Deseronto's public meeting rooms.Mark Vandermaas, editor of the Voice of Canada Internet weblog, and others planned to come to Deseronto to hold a public meeting about "the rule of law" and the "two-tiered justice system" his organaztion says allows violence to prevail in native land claim protests. But first the Deseronto Lions Hall, then the Royal Canadian Legion in the town denied them meeting space, said Vandermaas."What's really frightening is it's shutting down free speech with people who have never committed a crime and never instigated hatred," said Vandermaas, a London-based real estate broker who also compiled the Ipperwash Papers, an account of what residents experienced in the Ipperwash conflict.About 60 per cent of Deseronto is included in the Culbertson Tract, 923.5 acres currently subject to land claim negotiations between the federal government and the Mohawks of the Bay of Quinte. Protesters have occupied a gravel quarry on Deseronto Road since March and on one occasion blocked a nearby CN rail line for 30 hours.The occupation of a Caledonia site, meanwhile, is in its second year.The planned community meeting, said Vandermaas, would have educated Deseronto residents on filing complaints against police, the importance of documenting injustice and "what kind of country we want to have.""I don't understand how talking about the rule of law would cause problems," he said.Vandermaas and Gary McHale, of Richmond Hill, owner of the website Caledonia Wake Up Call, were arrested in December for hanging Canadian flags across from the protest site in Caledonia. They have also been involved in lawsuits and countersuits with the Ontario Provincial Police, who they say have been ineffective in protecting the rights of non-natives. McHale's website has also posted wanted posters with pictures of individual officers.But Deseronto clerk-treasurer Brian Brooks, who books the Lions Hall, said none of this caused him to deny their request.The hall, he said, is mainly used by community groups who already have arrangements through to the end of this month. Council has yet to decide its future rental policy."It's not that we have an open facility that we rent to out-of-town groups," he said.Even if it did, there are reasons to deny the request, Brooks said. "It wasn't that we said they couldn't come because we can't do that, but we always retain the right to decide who books the facility. We're trying to look out for what's best for Deseronto," he said. "I don't believe it was an educational process. I think that they had further intent. But the grounds we turned them down on was that it's a facility for community associations."For the most part, Deseronto residents are pleased with the police treatment of the situation, said Brooks."We've had lots of police presence here," he said. "Quite honestly, most people feel protected."Deputy Mayor Clarence Zieman concurred."We're trying to deal with this situation the best we can," he said. "From what I understand, the meeting would have been to berate what they call a two-tier system of policing. We're quite happy with what the OPP are doing."For Vandermaas, who did a UN peacekeeping tour in 1978, it was surprising to be denied by the legion. He said he was told by legion president Tom Dowling that his group is sectarian and the legion is non-political with a large native membership."I was stunned," he said. "If anyone should know the value of free speech and equality, it should be the legion."Dowling could not be reached for comment Monday.Vandermaas said the group still plans to hold its Deseronto meeting. "We may just go and speak in the park," he said. "Just because these people refuse to rent us rooms doesn't mean we're not coming. If we have to speak in someone's backyard, we will."
Samantha Craggs
Tuesday, June 05, 2007
Belleville Intelligencer
A controversial citizens group involved in the Caledonia land claim dispute has been turned away from Deseronto's public meeting rooms.Mark Vandermaas, editor of the Voice of Canada Internet weblog, and others planned to come to Deseronto to hold a public meeting about "the rule of law" and the "two-tiered justice system" his organaztion says allows violence to prevail in native land claim protests. But first the Deseronto Lions Hall, then the Royal Canadian Legion in the town denied them meeting space, said Vandermaas."What's really frightening is it's shutting down free speech with people who have never committed a crime and never instigated hatred," said Vandermaas, a London-based real estate broker who also compiled the Ipperwash Papers, an account of what residents experienced in the Ipperwash conflict.About 60 per cent of Deseronto is included in the Culbertson Tract, 923.5 acres currently subject to land claim negotiations between the federal government and the Mohawks of the Bay of Quinte. Protesters have occupied a gravel quarry on Deseronto Road since March and on one occasion blocked a nearby CN rail line for 30 hours.The occupation of a Caledonia site, meanwhile, is in its second year.The planned community meeting, said Vandermaas, would have educated Deseronto residents on filing complaints against police, the importance of documenting injustice and "what kind of country we want to have.""I don't understand how talking about the rule of law would cause problems," he said.Vandermaas and Gary McHale, of Richmond Hill, owner of the website Caledonia Wake Up Call, were arrested in December for hanging Canadian flags across from the protest site in Caledonia. They have also been involved in lawsuits and countersuits with the Ontario Provincial Police, who they say have been ineffective in protecting the rights of non-natives. McHale's website has also posted wanted posters with pictures of individual officers.But Deseronto clerk-treasurer Brian Brooks, who books the Lions Hall, said none of this caused him to deny their request.The hall, he said, is mainly used by community groups who already have arrangements through to the end of this month. Council has yet to decide its future rental policy."It's not that we have an open facility that we rent to out-of-town groups," he said.Even if it did, there are reasons to deny the request, Brooks said. "It wasn't that we said they couldn't come because we can't do that, but we always retain the right to decide who books the facility. We're trying to look out for what's best for Deseronto," he said. "I don't believe it was an educational process. I think that they had further intent. But the grounds we turned them down on was that it's a facility for community associations."For the most part, Deseronto residents are pleased with the police treatment of the situation, said Brooks."We've had lots of police presence here," he said. "Quite honestly, most people feel protected."Deputy Mayor Clarence Zieman concurred."We're trying to deal with this situation the best we can," he said. "From what I understand, the meeting would have been to berate what they call a two-tier system of policing. We're quite happy with what the OPP are doing."For Vandermaas, who did a UN peacekeeping tour in 1978, it was surprising to be denied by the legion. He said he was told by legion president Tom Dowling that his group is sectarian and the legion is non-political with a large native membership."I was stunned," he said. "If anyone should know the value of free speech and equality, it should be the legion."Dowling could not be reached for comment Monday.Vandermaas said the group still plans to hold its Deseronto meeting. "We may just go and speak in the park," he said. "Just because these people refuse to rent us rooms doesn't mean we're not coming. If we have to speak in someone's backyard, we will."
McHale's Media Antics (National Post)
John Oakley on the Media Antics of Gary McHale and George Smitherman
http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/02/28/john-oakley-on-the-media-antics-of-gary-mchale-and-george-smitherman.aspx
Posted: February 28, 2008, 3:41 PM by Daniel Goldbloom
John Oakley
Increasingly, it seems, these days when someone sets out to address a contentious issue they resort to questionable media stunts. If you want to get ink, you’ve got to have a hook. On Sunday, Richmond Hill businessman, Gary McHale, not satisfied that the OPP have enforced the rule of law in the Caledonia standoff, takes his protest directly to the front yard of Commissioner Julian Fantino in Woodbridge. In the legislature, meanwhile, provincial Health Minister, George Smitherman proposes to wear an adult diaper, “as a matter of conscience”, he says, to get a firsthand sense of whether stewing in “three-quarter soaked” Depends really is an undignified hardship faced by our elderly in the province’s nursing homes. (With unintended irony, he promises to get to the bottom of this). As misguided as both men are in their theatrics, the resulting media attention will justify their dog and pony show because, at the end of the day, the public, as much as the media, are enguaged by stories that involve grandstanding, rather than getting bogged down in detail and facts.
John Oakley can be heard from 5:45 a.m.-10 a.m. EST Monday to Friday on AM 640 Toronto Radio
http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/02/28/john-oakley-on-the-media-antics-of-gary-mchale-and-george-smitherman.aspx
Posted: February 28, 2008, 3:41 PM by Daniel Goldbloom
John Oakley
Increasingly, it seems, these days when someone sets out to address a contentious issue they resort to questionable media stunts. If you want to get ink, you’ve got to have a hook. On Sunday, Richmond Hill businessman, Gary McHale, not satisfied that the OPP have enforced the rule of law in the Caledonia standoff, takes his protest directly to the front yard of Commissioner Julian Fantino in Woodbridge. In the legislature, meanwhile, provincial Health Minister, George Smitherman proposes to wear an adult diaper, “as a matter of conscience”, he says, to get a firsthand sense of whether stewing in “three-quarter soaked” Depends really is an undignified hardship faced by our elderly in the province’s nursing homes. (With unintended irony, he promises to get to the bottom of this). As misguided as both men are in their theatrics, the resulting media attention will justify their dog and pony show because, at the end of the day, the public, as much as the media, are enguaged by stories that involve grandstanding, rather than getting bogged down in detail and facts.
John Oakley can be heard from 5:45 a.m.-10 a.m. EST Monday to Friday on AM 640 Toronto Radio
Mchale complains Fantino out to "get him"
Protester says Fantino out to get him
http://www.thespec.com/News/Local/article/339101
March 13, 2008
Dana Borcea
The Hamilton Spectator(Mar 13, 2008)
OPP and Caledonia critic Gary McHale says he is being personally targeted by police commissioner Julian Fantino.
"He's not hands off when it comes to Gary McHale," said the controversial protester yesterday at a court hearing in Cayuga over his bail conditions.
McHale is fighting conditions that have barred him from Caledonia and neighbouring regions after his Dec. 7 arrest. He was charged with counselling mischief after a violent protest over a Six Nations-operated smoke shop.
He has since subpoenaed several local politicians as well as Fantino and eight other officers to testify at his bail review.
Yesterday's hearing in a Cayuga courtroom was in response to an OPP application to quash the subpoenas.
McHale, who is representing himself, argued his bail conditions were unjustifiable given the relatively minor charge against him.
"I'm being targeted ... primarily because of politics," he said.
Ontario Superior Court Justice David Marshall cautioned McHale on several occasions to rein in his rhetoric and stick to arguing the need to subpoena the officers.
McHale said he needed to question the officers with "on-the ground" knowledge of Caledonia and his activities there to show he does not incite violence, as has been alleged.
He argued he has actually helped to reduce violence in Caledonia by giving residents a chance to express their frustrations peacefully through his website, town hall meetings and demonstrations.
The former Richmond Hill resident moved to Binbrook last weekend.
During questioning, lawyer for the OPP Chris Diana suggested McHale was primarily motivated by a desire for media attention.
Crown prosecutor Mitchell Hoffman described the subpoenas as a "fishing expedition" and asked McHale to provide a more detailed account of what evidence he expects officers to provide.
The hearing is scheduled to resume tomorrow morning.
dborcea@thespec.com
905-526-3214
http://www.thespec.com/News/Local/article/339101
March 13, 2008
Dana Borcea
The Hamilton Spectator(Mar 13, 2008)
OPP and Caledonia critic Gary McHale says he is being personally targeted by police commissioner Julian Fantino.
"He's not hands off when it comes to Gary McHale," said the controversial protester yesterday at a court hearing in Cayuga over his bail conditions.
McHale is fighting conditions that have barred him from Caledonia and neighbouring regions after his Dec. 7 arrest. He was charged with counselling mischief after a violent protest over a Six Nations-operated smoke shop.
He has since subpoenaed several local politicians as well as Fantino and eight other officers to testify at his bail review.
Yesterday's hearing in a Cayuga courtroom was in response to an OPP application to quash the subpoenas.
McHale, who is representing himself, argued his bail conditions were unjustifiable given the relatively minor charge against him.
"I'm being targeted ... primarily because of politics," he said.
Ontario Superior Court Justice David Marshall cautioned McHale on several occasions to rein in his rhetoric and stick to arguing the need to subpoena the officers.
McHale said he needed to question the officers with "on-the ground" knowledge of Caledonia and his activities there to show he does not incite violence, as has been alleged.
He argued he has actually helped to reduce violence in Caledonia by giving residents a chance to express their frustrations peacefully through his website, town hall meetings and demonstrations.
The former Richmond Hill resident moved to Binbrook last weekend.
During questioning, lawyer for the OPP Chris Diana suggested McHale was primarily motivated by a desire for media attention.
Crown prosecutor Mitchell Hoffman described the subpoenas as a "fishing expedition" and asked McHale to provide a more detailed account of what evidence he expects officers to provide.
The hearing is scheduled to resume tomorrow morning.
dborcea@thespec.com
905-526-3214
Subscribe to:
Posts (Atom)