The Caledonia Class Action lawsuit has passed the last major hurdle that ensures it will go to trial. Justice Crane of the Superior Court today certified the action and released the reasons for his ruling.
Superior Court of Ontario, Feb 08/10: Judges reasons for certification [PDF, 21P]
According to the ruling, notice of the certification must be posted – at the Defendant’s expense – in the Globe and Mail; Hamilton Spectator; Regional News; Grand River Sachem; Simcoe Reformer; and posted on the www.caledoniaclassaction.com website; on the Caledonia Regional Chamber of Commerce website at www.caledonia-ontario.com; Haldimand County website at www.haldimandcounty.ca; on the website of the Ontario Secretariat of Aboriginal Affairs at www.aboriginalaffairs.osaa.gov.on.ca; and – best of all – on the website of the Ontario Provincial Police at www.opp.ca.
The enemy is now encircled
Certification means that the Ontario government and the OPP’s racial policing policies have now been caught in an encircling attack by civil litigation, criminal prosecutions, critical scrutiny by both media and members of the PC Party in the Legislature.
Haldimand-Norfolk MPP Toby Barrett sent out a news release yesterday that followed up on the strong PC Party statements of Feb 03/10 regarding the dropping of the charge against OPP Commissioner Julian Fantino. (PDF copies are available below):
Caledonia update – is there a conflict of interest in Fantino case
by Toby Barrett, MPP, Haldimand-Norfolk, Feb 05/10
Toby here,
As you may know, we in the Ontario PC Caucus, and people from across Haldimand, have criticized the fact that the Crown has seen fit to drop charges against Julian Fantino.
I continue to join Opposition Leader Tim Hudak in maintaining our stance that this matter should have been referred to an outside Crown Attorney (as we saw in the Michael Bryant case) to prevent a conflict of interest.
In my view, the Attorney General’s failure to assign an independent Crown Attorney has diminished the public’s trust in our justice system. The people of Ontario deserve an explanation.
UPDATED 1513 Feb 04/10: So, who’s telling the truth – Gary McHale (L, in hospital after being attacked by Six Nations thugs Dec 01/07) or Julian Fantino?
A casual reader of Fantino’s emails and those of other OPP officers might be forgiven for wondering if Fantino and his cohorts were simply a little over-zealous in an honest attempt to shut down a dangerous, violent criminal who was really the one responsible for terrorizing Caledonia, and NOT all those native occupiers who were caught on film committing crime after crime while police watched. (See this document, too, and the legal cases here).
After all, we’re supposed to be able to trust the words of a police chief or commissioner, aren’t we? Well, see now, that’s the problem…
I’d like to give you some resources to help you decide, all on your own, if Julian Fantino is lying to the public and in his emails to try to silence a thorn in the side of McGuinty/OPP racial policing policies, or if he is really and truly just a good cop with a reasonable concern about a dangerous menace to the people of Caledonia and Six Nations named Gary McHale:
Fantino’s emails as quoted in the media
Until recently, there was - with one notable, yet unfortunate exception [INFO] - virtually zero investigative jounalism being conducted into the Caledonia situation, especially into the evidence gathered by Gary McHale and CANACE founders about OPP misconduct. Recently, two journalists of note did something quite novel: they met with us, listened to us and reviewed some of our documents. They were Christie Blatchford of the Globe and CBC National News investigative producer/reporter John Nicol. The Toronto Star also produced a short article after their pieces appeared.
UPDATED Feb 04/10 — As expected, the Crown Attorney assigned the task of ‘prosecuting’ Julian Fantino dropped the charge of Influencing Municipal Official today against the OPP Commissioner via a prepared statement he read to the court. Gary McHale will be filing a judicial appeal of that decision. He has just issued a news release to the media:
Attorney General of Ontario, Feb 03/10: Statement to Court re dropping of Fantino charge [PDF]
Tim Hudak & PC caucus sound the alarm
CHTV’s 2pm newscast included a strong statement from PC leader Tim Hudak on behalf of the PC caucus which called on the McGuinty government to call in an outside prosecutor in order to not only see justice done, but to preserve the “appearances of justice being done”:
“What we have called for as a PC caucus is for a prosecutor from outside the province to take a look at the evidence and that way people in Caledonia and across our province know that it was done with objectivity. Here’s the problem…I mean first you have Dalton McGuinty’s Crown Attorneys arguing that the case shouldn’t proceed, then other Crown Attorneys were put in charge of prosecuting the case. Now we hear they’re dropping the charges. We need to see not only that justice is done, but all appearances of justice being done.”
UPDATED Feb 04/10 — CANACE is pleased to announce that on Feb 02/10 investigative reporter John Nicol of the CBC National News published two important stories about our work.
The first focuses on how we came to have OPP Commissioner Fantino charged with a criminal offence:
Both the cops and the Six Nations people believed McHale and Vandermaas were agitators bent on encouraging unrest. Some even went so far as to accuse the pair of being white supremacists who didn’t like the province’s handling of the native demands. But anyone who believes in justice being open and transparent might just consider them heroes with what they’ve accomplished so far in Ontario courts.
Where the police have turned a blind eye, they have shone a spotlight and laid private charges, with astonishing success. To date, they have won four cases in Superior Court and now — against serious odds — have succeeded in laying criminal charges against OPP Commissioner Julian Fantino, the province’s top cop, for influencing or attempting to influence municipal officials.
UPDATE 1400 EST Jan 23/10: I received a gracious reply from ‘John’ promising to review the info I provided in this post. Posted at the bottom.
UPDATED 1144 EST Jan 23/10
Well, it’s started already folks…
Those opposed to a debate that includes an airing of the tragic lessons learned from the victims of native violence and intimidation in Caledonia and Ipperwash are throwing mud to (try) to smear those of us who believe that true healing and reconciliation can only come about when the rule of law and equality before that law is respected for all citizens – native and non.
Dr. Frances Widdowson, author of the groundbreaking work, ‘Disrobing the Aboriginal Industry,’ a 2008 Donner Book Prize finalist, recently invited Gary McHale and me to speak at her ‘New Directions in Aboriginal Policy’ forum that will be held in Calgary later this year. A self-described “Haudenosaunee citizen” I’ll call ‘John’ published an article that calls for the struggle by native people to remain peaceful and respectful.
Unfortunately, the article’s entire point was to make his readers believe that Ms. Widdowson and her forum shouldn’t be taken seriously because she invited a “thug” who is “inciting violence”:
“…Gary McHale is…a thug [who moved to Caledonia for the purpose] “of inciting violence.“
‘John,’ Jan 21/10:
I sent the comment below to the woefully misinformed ‘John’ and to Dr. Widdowson. Hopefully, he will have the good grace to be embarassed, apologize and reach out so we can build some bridges with a productive debate. NOTE: hyperlinks shown thusly [LINK] were not in my original comment:
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Dear ‘John’:
I apologize for the length, but you have made some statements that deserve to be addressed in a manner which enables readers to access evidence and judge for themselves if we are, as you say, acting in a manner which appeals to the best of us:
A. A THUG INCITING VIOLENCE?: As someone who has worked with Gary McHale on a daily basis for more than 3.5 years I really must take exception to your characterization of him:
“…Gary McHale is…a thug” [who moved to Caledonia for the purpose] “of inciting violence.“
[The comment I left on 'John's' website included the complete offending paragraph from 'John's blog that I originally included in my comment. I have replaced it here with the shortened sentence which captures the essence of his attempt to smear Dr. Widdowson and her forum by attacking Gary McHale. I have also removed other minor content which might identify him or his site. I have no desire to assist the writer of such falsehoods in obtaining an audience for his website which, as of yesterday, had but two posts on it.]
These repugnant comments about Gary McHale have no grounding in fact. He/we and our organization Canadian Advocates for Charter Equality (www.CANACE.ca) have a track record of advocating peaceful protest against racial policing and the terrible native lawlessness that has victimized thousands in Caledonia and elsewhere – including native people.
Background to ‘27 Questions re White Privilege in Caledonia’
This article attempts to provide an answer to the bewildering question of why so many of Ontario’s politicians; intellectual elites; social activists; journalists; and advocacy groups (such as the Canadian Civil Liberties Association) turned a blind eye to the suffering of non-Native victims in Caledonia.
First ‘Two Tier Justice,’ now ‘Two Tier Criminal Codes’?
The Toronto Star is reporting today that when Ontario Premier McGuinty was asked if Julian Fantino will step down now that he is charged with influencing municipal officials he said he will not. The Premier also downplayed the charge against Fantino by misleading the public into believing that the charge is somehow legally insignificant or lesser of a charge because it was filed by McHale through the private prosecution provisions of the Criminal Code:
McGuinty downplayed the allegations, saying he didn’t think Fantino should take a leave from his duties while the case progresses. “My understanding is that it’s a private information being put forward by a private citizen, it’s going to work its way through the courts and I’ll try to all that to take its normal course,” McGuinty said.
Premier of Ontario shows contempt for Superior Court decision
The premier is deliberately misleading the public about the nature of the charge against Fantino and, in the process, is showing extraordinary contempt for the decision of a Superior Court judge who reviewed the evidence; rejected the government’s arguments and issued process for a charge that – according to an Osgoode Hall criminal law professor – “is no different than if filed by police,” according to a story published just today in the National Post which also points out the conflict of interest on the part of the government:
The Attorney General has intervened to take over the case and to fast-track the hearing. Instead of the Feb 3rd date contained in the summons issued by the judge, the hearing will now take place this Friday, Jan 15/09 at 0900 at the Cayuga Courthouse, 55 Munsee Street, Cayuga (Haldimand). [MAP].
Since it now appears that the AG is planning to stay the charges, Gary McHale has issued a CANACE news release warning the media about these developments, and the top legal reporter for the National Post has published a story quoting the opinion of Osgoode hall criminal law professor James Stribopolous who says the government should appoint an outside prosecutor due to the serious conflict of interests caused when the Crown opposed McHale in court. He also warns the government against staying the charge. He says that dropping the charge would create a very “unfortunate impression that Fantino received special dispensation.”
McHale also sent a letter yesterday to the AG asking them to confirm whether or not they plan to stay the charge.
On Jan 08/10 the Globe & Mail’s Christie Blatchford effectively cleared CANACE co-founder Gary McHale’s name and vindicated all who stood by him in the face of Fantino’s attempts to target him for arrest and smear him with false allegations of inciting violence and injuring police officers:
“As for Mr. McHale, despite Mr. Fantino’s clear efforts, as documented in emails and court transcripts, to “take him out” – that is, have him charged with something, anything – the only crime the OPP has charged him with is the novel “counselling mischief not committed. A date for the resumption of the preliminary hearing on that charge[against Fantino] has yet to be set. Mr. McHale, as he almost always does, will represent himself – a portly, bespectacled fellow who is nonetheless proving a spirited and sharp combatant.“
’Joy rising.’ That’s how I’ve been feeling lately (I’ll explain why below) and that’s how one of the 20,000 participants in this incredible, mindblowing, flashmob dance described his experience in surprising – and delighting - Oprah Winfrey as part of her 24th season kick off party held Sept 08/09 on Michigan Avenue in Chicago.
The video below captures some of the feelings I’ve been having during the past few weeks thanks to the incredible developments in the struggle against race-based policing.
20,000 people suprise Oprah with help from the Black Eyed Peas. Click to visit Oprah's feature page to view video.
They are afraid!
If the video of Oprah’s surprise flash mob dance doesn’t warm your heart, maybe this will: Isn’t it nice to know that right now…as you’re reading this…frightened politicians, lawyers, OPP brass and their advisors, spin doctors and consultants are huddled behind closed doors in Orillia and Toronto wondering how it was that their plan to legitimize racial policing went so horribly off the rails, and are now trying to figure out how they can avoid losing their jobs and/or going to jail? Isn’t that a delicious thought?
The National Post editorial board has issued a notable commentary on the Brown-Chatwell settlement and the cowardice of the McGuinty government in refusing to enforce the law:
The government cannot decline to enforce the law and protect its citizens simply because it might anger a certain segment of society or create an uncomfortable political situation. (…) Men and women who lack the stomach to enforce the law, always and equitably, have no business holding public office. That’s the real lesson of Caledonia.
The Post rightly observes that while they understand why both Brown and Chatwell, and the Ontario government decided to settle the agreement does have some drawbacks:
For society at large, however, this [settlement agreement] is a most unsatisfying outcome. The Liberal government has never been able to argue coherently, in or out of court, against Mr. Brown’s and Ms. Chatwell’s basic version of events: that their family and home were abandoned to the caprices of often-intimidating protesters whose appalling conduct the police refused to … well, to police. This shocking abdication of the government’s most basic responsibilities deserves a stern rebuke from the highest court available: The government cannot decline to enforce the law and protect its citizens simply because it might anger a certain segment of society or create an uncomfortable political situation.
AG letter to McHale, Jan 11/10: Crown intervenes to move Fantino criminal hearing from Feb 03 to Friday, Jan 15/09 at 0900 at Cayuga courthouse, 55 Munsee St., Cayuga. [MAP]
National Post, Jan 12/09 [PDF]: 1. Osgoode Hall law professor says gov’t has conflict of interest and should appoint Crown from outside province, and that dropping the charge would create a very “unfortunate impression that Fantino received special dispensation.” 2. Government will NOT be asking Fantino to step down.
UPDATE: On Jan 08/10 Justice of the Peace Brown issued a summons [PDF, REPRINT] for Fantino to appear at the Cayuga Courthouse at 1000 on Feb 03/10 to answer the charge of Influencing/Attempting to Influence Muncipal Official.
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On Dec 31/09 Justice Crane of the Superior Court of Ontario granted CANACE Executive Director Gary McHale’s application for an Order of Mandamus to compel a Justice of the Peace to issue process for a Criminal Code charge of ‘Influencing Municipal Official’ against OPP Commissioner Julian Fantino.
I am pleased to report that fellow CANACE co-founder Gary McHale and I have been invited to participate in an Aboriginal policy forum to be held in Calgary, Alberta in 2010.
The forum consists of three panels: one on economic development, one on governance and one on social policy. Gary and I will be on the governance panel. Other participants include political commentator/author Tom Flanagan as well as Frances Widdowson and Albert Howard, authors of ‘Disrobing the Aboriginal Industry.’
More details to follow in the new year.
An important milestone
This will be, to the best of our knowledge, the very first time that the specific issues and lessons of Caledonia will be represented in an aboriginal policy forum so we were very grateful and honoured to be invited to participate. This is an important milestone because it means that it will become much harder to keep non-native victims and their advocates away from the aboriginal policy table in the future.
Non-natives are, however, not the only victims of flawed policies in places like Caledonia and Ipperwash; CANACE has consistently spoken out on behalf of native people who have been abused by native extremism and racial policing, and I expect to raise those concerns in Calgary as well.
NOTE: I will be away from the computer until Jan 01/10. Merry Christmas to all!
UPDATE: The Ontario government chose to end its public relations disaster known as the Brown-Chatwell lawsuit by reaching a mid-trial settlement on Dec 31/09. National media outlets have issued strongly-worded commentaries on the settlement and the failure of the McGuinty government to order the OPP to enforce the law equally:
And the government denies it owes any “duty of care” to Mr. Brown and Ms. Chatwell because all its decisions “in relation to the occupation of the DCE lands were policy decisions.”
Effectively, Mr. Brown’s and Ms. Chatwell’s lawsuit alleges the same thing – that the government, as a result of policy decisions taken for improper reasons including “political gain,” actively condoned the unlawful and criminal conduct of the protesters and failed to protect non-natives, denying them “the equal protection that they are entitled to under the law in a free and democratic society.”
The $7M trial of Brown-Chatwell v. OPP (Ontario government) is in recess with at least 3 more weeks of evidence to come in the new year. As part of a group of people who have been trying promote truth, justice and eventual healing/reconciliation on behalf of the innocent victims of racial policing – both native and non-native – I have some mixed feelings about the lurid evidence that has so utterly captivated the national media, and about what should come next.
"You are all to be commended for doing so much, for so many with so little support. Your effort alone makes me want to weep for those who cannot appreciate the enormity of what has so far transpired."
"Congratulations and many thanks to you tireless freedom fighters in CANACE. What a Canada Day present this was. I nominate you all, particularly Judge Marshall, for an Order of Canada award. Many people talk about rights, freedom, and equity under law, but few focus their actions on delivering it. You guys are the genuine article. Thank you again." Caledonia resident
“On behalf of MPP Toby Barrett I would like to pass along some positive comments with regard to your site. Keep up the great work. Toby appreciates your coverage of the Caledonia/Six Nations land dispute and visits your site often.”
"Hi Mark. I just wanted to thank you for..."Ontario MPP Tim Hudak - A Leader Emerges to Tell the Truth About Caledonia and the March for Freedom". That was very thoughtful, and Tim appreciated it. Thanks again."
"Dear Mark: I am pleased that someone with your background has fearlessly taken up this cause. From here I can only help expose the current injustices and those that will surely follow." Bill McIntyre, Canada Free Press columnist, owner: Fairforce Communications
"Thanks to all the CANACE crew for demonstrating to Canadians what patriotic principled citizenship is all about. You guys are an inspiration to me. It shows there is still hope for a corruption free Canada with equitable civil rights and civil accountability. If guys like Gary and our soldiers are willing to sacrifice it all for a higher principle, we all should." WL MacKenzie Redux
"As for Gary McHale & Mark Vandermaas they are true Canadians in every sense of the word so when they rally, be there to support a cause that is as Canadian as it gets."
M. Kinrade, RCN Retired
"You guys are an amazing example to the rest of Ontario and all of Canada to stop being afraid, unite together and STAND UP FOR YOUR RIGHTS!! Way to go. I couldn’t be more proud!" Larry Dicy
Thanks for taking an interest in us [in Deseronto]. We do not intend to take anything at face value. We are learning that lesson the hard way and things are just beginning! Thanks." Chris
"I salute you for your balanced yet to the point reporting. Keep up the good work." Lisa
"She:kon Mark. You are a very committed man. I hope your “new” education serves you well. You have much to say but harken to an old Native expression if you will; “be silent before your tongue makes you deaf.” Karone:rorakwe
"Nothing will be the same after this is over. The importance of people like Gary McHale, Mark Vandermaas and Jeff Parkinson who have printed the truth so plainly for all to see who choose to watch with open eyes and open minds will be remembered by all in power who tried to subjugate justice and deny us our rights to equality under the Charter and Canadian Law in the interest of political expediency. We all owe these gentlemen and all those from Caledonia who have supported them a huge debt of gratitude for exposing this rot from within our Government and posting it for all to read." Jim Anderson, Caledonia
"Thank you for the excellent job you are doing in getting information out to the public. Your information is quick and accurate. Please keep up the fight. You may be our only hope.
THANK YOU" Sandra, Caledonia Resident.
"Thanks again for your good work and your ability to see what's really taking place and mostly, getting it out for people to read and mull over and draw their own conclusions after being given actual facts." Murray Hilton, Campbell River, BC
"And Mark and Gary, thank you for making us feel like we are not alone in this and that there are other Canadians who care." Elaine, Caledonia resident
"Mark, I just want to say thanks again for your diligence and your help with our struggle here in Caledonia. Thanks also to Gary, without his web site no one would know the lengths the government and the OPP will go to appease terrorists. I don't know how much more the residents who live along the occupied zone can take. I know for myself, I feel lost with nowhere to turn, with little to no help. I do however, thank God for you and Gary. Keep up the good work." Caledonia resident
"Dear Mark: this is my first visit to your site and I absolutely love it. I’m from Caledonia and have been fighting the two tiered justice system since day one. Thank you so much for following Gary McHale’s involvement and coming to Caledonia." Beth
"There are many injustices going on in Canada at the moment, especially in First Nation Territory. They could sure use a man of your passion to give them a hand! Sincerely, Rob"
"From the bottom of my heart, I thank you and Gary and all those who are willing to put your lives on hold to fight for freedom, democracy, law and order. They are definitely worth fighting for. If only I was 20 years younger. God Bless you all !" Cora
"I have to commend you on your writing, very direct, effective and from the heart." David Hartless
"Thanks Mark, and also to you Gary. You guys rock, to stand up for us when no one else will is just great. I can’t even stand up for myself for fear of retaliation against my family." 'BeothucVSA'
"Mark, I would just like to say that I was more than proud to stand in Caledonia on Jan 20th with men like yourself, Gary, Chris and Merlin." Larry Dicy
"We need all the help we can get and owe so much to 'outsiders.' Keep up the good work." Margaret
"I personally appreciate the concern and support of Gary and yourself." Donna Reid
"I enjoy reading posts from a true journalist especially one who holds the truth above all other objectives." Jim Anderson
"Again, thank you Mark for a great job at keeping the focus on the issue at hand that is Two Tier Justice and Equality issues." Lisa Parent
"Good stuff Mark...truth is the greatest weapon against corruption and the wider the truth is sewn the less the grip of the corruptors." WL Mackenzie Redux
"That was so nice of you to make that phone call to Jack on our behalf. Your article on Jack was very touching. [enter 'Let's remember Jack tomorrow' in search box above]Thank you for standing up along with Gary and fighting this issue for Canada and Jack too. It is one big can of worms." Mary, Kelowna, BC
Well, it’s started already folks…
The comment I left on 'John's' website included the complete offending paragraph from 'John's blog that I originally included in my comment. I have replaced it here with the shortened sentence which captures the essence of his attempt to smear Dr. Widdowson and her forum by attacking Gary McHale. I have also removed other minor content which might identify him or his site. I have no desire to assist the writer of such falsehoods in obtaining an audience for his website which, as of yesterday, had but two posts on it.] 
The National Post editorial board has issued a notable commentary on the 
