McHale gets apology, compensation for Caledonia defamation

UPDATED 1313 EST Sept 17/09

Mike Burgess, former operator of ‘Caledonia Cafe’ discussion board, apologizes to CANACE Executive Director Gary McHale, Sept 10/09. Click to enlarge.

The former operator of a now-defunct Caledonia discussion board agreed, before a Small Claims Court judge in Hamilton yesterday, to pay CANACE co-founder/Executive Director Gary McHale a total of $3,750 in 25 monthly installments and to provide a written apology [image, right] for defamatory statements which he allowed to be posted on his board.

Mike Burgess was facing three separate Small Claims Court actions seeking a total of $30,000 for allowing false allegations to be published that claimed – among other things – that Mr. McHale and his associates were white supremacists and/or associated with white supremacist groups.

Sept, 10, 2009

I, Mike Burgess, past administrator of the Caledonia Cafe Message Board, issue this apology to Gary McHale for various posts on my board which defamed him.

I am unaware of any evidence that Gary McHale or members of his group have ever shouted out ‘White Power’ or similar types of words. I am unaware of any evidence that Gary McHale or members of his group are associated with any white supremacist groups or have ever invited any white supremacists to any rally.

Furthermore, various posts on my board that linked Mr. McHale to any crimes outside of the one he has been charged with are unfounded. I am unaware of any evidence that he had caused any violence to have occurred or desires to have any violence occur.

Finally, I wish to state that Mr. McHale has every right, like any other Canadian, to publicly take up any cause he wants. I apologize without any reservation for any harm caused by my board to Mr. McHale’s reputation.

[Signed] Mike Burgess

The settlement was arrived at the judge’s suggestion after he ruled the actions could proceed, thereby denying Mr. Burgess’s  assertion that they had been abandoned by Mr. McHale. Mr. Burgess had failed to honour a previous tentative out-of-court agreement made with Mr. McHale in 2008 which is why the new agreement was signed before the judge. If Mr. Burgess does not pay as required under the settlement Mr. McHale can return to court and seek a default judgement and begin enforcment proceedings.

Legal notices served re CUPE protest

Last week, a number of notices under the Libel and Slander Act were served on various individuals and media outlets in connection with the June 23/09 CUPE 3903 protest in Cayuga against Doug Fleming’s Caledonia Militia/Peacekeepers concept.

CUPE 3903’s smear campaign

Members of CUPE 3903’s First Nations Solidarity Working Group – which has been involved in Caledonia for 3 years and openly supports the Haudenosaunee Men’s Fire - and their supporters did their best to paint Gary McHale, Doug Fleming and me as white supremacists for speaking out and/or acting on behalf of Caledonia’s victims. 

Media outlets take the bait

Several media outlets published some of the sleazy allegations and/or the statements on signs carried by the protesters without even attempting to verify if the statements were true or not. One media outlet also attacked Merlyn Kinrade’s character. Two other outlets named had previously published disgusting editorial content making fun of Gary McHale’s injuries after he was viciously swarmed and attacked by supporters of an illegal smokeshack in Caledonia on Dec 01/07. Another has already settled a previous action for libel brought by Gary McHale.

VoC passes 300,000 ‘pages-viewed’ mark

I am pleased to report that VoiceofCanada has had more than 300,000 pages viewed since its launch in October 2006.

The actual total of page views as of 1035 today is 302,328.

U.S. Supreme Court: race-based decision-making vs. whites unlawful

UPDATED 1707 EST JULY 17/09

In a decision just released on June 29/09 the U.S. Supreme Court (photo, R) has decided that race-based discrimination is illegal – even when the victims have white skin.

The Court has made clear that no matter how well-intentioned the discrimination might be, it is still illegal.

Ricci v. DeStefano could have an impact on Canadian jurisprudence, not only in the area of employment law, but also for victims of illegal Race-Based Policing practices during land claim disputes. 

White & Hispanic firefighters rejected for promotion because of race

Frank Ricci and sixteen other white firefighters and one Hispanic sued the City of New Haven, Connecticut for racial discrimination after the city threw out the results of examination results that would have seen them at the front of the line for promotions.

The “belief that citizens should be reduced to racial statistics is flawed,” Ricci told the members of the Senate Judiciary Committee.

“It only divides people who don’t wish to be divided along racial lines. The very reason we have civil service rules is to root out politics, discrimination and nepotism. Our case demonstrates that these ills will exist if the rules of merit and the law are not followed.” Watch firefighters testify »

Ricci also criticized Sotomayor’s 2nd Circuit for disposing of the case in an “unsigned, unpublished summary order that consisted of a single paragraph.”

(…)

Ricci was one of several witnesses who testified both for and against Sotomayor.

Linda Chavez, head of the conservative Center for Equal Opportunity, which opposes affirmative action, argued that “it is clear” from Sotomayor’s record “that she has drunk deep from the well of identity politics.” It is impossible for Sotomayor to be a fair judge when she has “shown a willingness to let her policy preferences guide her,” Chavez said.

CNN.com, July 16/09: Firefighter criticizes Sotomayor ruling 

MUST SEE: Click to watch New Haven firefighters Frank Ricci and Ben Vargas testify at nomination hearing for Judge Sonia Sotomayor re racial discrimination against them, ruled illegal by Supreme Court on June 29/09. July 16/09 (6:15)

MUST SEE: CNN video: Firefighters Testify

‘The Strength of a Woman’: Six Nations Councillor Helen Miller

UPDATE - CWUC blog, July 17/09: Six Nations councillor speaks out against lawlessness

UPDATED 2101 EST JULY 14/09

A remarkable letter by Six Nations Councillor Helen Miller to the editor of the Brantford Expositor echoes the very message that CANACE founders have been trying to share with the media, the public, the police,  government officials and the people of Six Nations for nearly three years:

The individuals and ad hoc groups who have committed crimes against the people of Haldimand and Brantford do NOT speak for the people of Six Nations, and do NOT have the support of the people of Six Nations.

As for who represents Six Nations let me put it this way: The Mohawk Workers, Women of the Mohawk Nation, the Men’s Fire or individuals like Steven “Boots” Powless or Ruby and Floyd Montour were not elected, appointed or authorized by the people of Six Nations to be their representatives or to speak on their behalf. Nor is the Haudenosaunee Development Institute (HDI) supported by the elected council or the community at large. However, it was authorized by the Confederacy council.

Brantford Expositor, letter to editor, Six Nations Councillor Helen Miller, July 14/09: Only elected council can speak for Six Nations  PDF

Smokeshack arrests follow CANACE warning to Fantino

I haven’t had time to comment on the recent arrests at the illegal smokeshack on Ernie Palmer’s property (photo, R), but I wanted to post links to the story and make sure readers knew that after the OPP were initially repulsed by Steve ‘Boots’ Powless and his thugs, CANACE founder Gary McHale sent a blunt fax to Julian Fantino, Dalton McGuinty, Rick Bartolucci  and the new Haldimand OPP commander John Periversoff warning that if police discretion endangers the public, then it is a criminal offence.

Given our recent success in the Courts with respect to defining Canadian law for private prosecutions, government officials can no longer simply abdicate their responsibilities without facing the possibility of criminal sanctions.

• VoC, July 02/09: McHale v. R., 2009: Gary McHale & CANACE make legal history!
• VoC feature: Caledonia Lawsuits

It is noteworthy, therefore, that the next day a number of arrests were made and some serious charges laid:

• Brantford Expositor, July 09/09: Arrests follow police raid on smoke shack  REPRINT
• Haldimand OPP News Release, July 09/09: OPP EXECUTE ARREST WARRANT
• CANACE letter to Julian Fantino, July 08/09: re: Illegal Smoke Shops
• Simcoe Reformer, July 08/09: Natives rebuff Haldimand OPP  REPRINT

Steve ‘Boot’s Powless threatened City of Brantford

Stevie’s disregard for other human beings was perhaps best demonstrated by his outrageous threats against the City of Brantford back in July 2008:

“They’re going to have one hell of a fight now,” said Steve Powless, who spoke on behalf of the protesters. “This is going to be Caledonia Part 2. They don’t understand what they’re in for.”

Brantford Expositor, July 14/08: ‘They don’t understand what they’re in for,’ native says  [PDF]

THE END OF THE BEGINNING!

Doug Fleming (top), Peter Kamerman (middle), Merlyn Kinrade (bottom, w/blue beret), July 12/09. Photo by Jim Smith.

UPDATED JULY 16/09: 1. CANACE Video of Mark Vandermaas & Merlyn Kinrade explaining to OPP Sgts. Michaud & Bradmore that non-natives will not seek permission from DCE occupiers to raise Canadian flag. (9:57)

2. Great CANACE video summarizing flag raising protests, includes images of arrests of Bo Chausse, Gary McHale, Mark Vandermaas and Randy Fleming. (2:44)

UPDATE:  ‘The day the world didn’t end,’ by Jeff Parkinson, July 12/09.

UPDATED 1620 EST JULY 13/09
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“The Germans have received back again that measure of fire and steel which they have so often meted out to others. Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.”

Winston Churchill at Lord Mayor’s Luncheon, Mansion House following the victory at El Alamein in North Africa, London, 10 November 1942.

The two and a half year battle to force the OPP to respect the rights of non-natives to walk down a public road and place a Canadian flag on a public utility pole across the street from the Douglas Creek Estates is over!

Are media ’scum’? McHale letter to Dunnville Chronicle

UPDATED 1541 EST JULY 09/09

The Dunnville Chronicle, to their great credit, published Gary McHale’s scathing letter to the editor regarding their recent editorial entitled, ‘Craving Attention‘ [REPRINT]. My comment and reference material follows.

JUST EXERCISING OUR RIGHTS

July 08/09 [LINK]

TO THE EDITOR:

In a democratic society there are tens of thousands of groups seeking to get media attention for their cause. I hate to be the one to tell the Chronicle, but modern marketing is all about doing things to get media attention -it is far better than wearing masks and beating the crap out of people.

The media, on the most part, are scum. They are not truly interested in the concerns of people and are only interested in selling ad space. The bloodier the story the more coverage you get. After three years I have seen few media outlets reporting the content of any speeches, airing the footage of any peaceful protests or capturing the meaning of what people are concerned about.

Announce you are marching onto DCE and suddenly media are there to capture whether, in the course of an hour, someone swore or gave the finger -that is what will be aired.

If the Chronicle is upset by the use of the word ‘militia’ because it was used to get media attention then you need to look into a mirror and ask the following questions:

Caught on tape: McGuinty cabinet minister insults Deseronto resident

Liberal MPP Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs

UPDATED 1539 EST JULY 03/09

It’s my privilege to serve you, my neighbours, in Prince Edward-Hastings as your voice in the provincial Legislature. In order for me to continue to be effective it’s important to keep me apprised of your opinions on the issues that face our province. If you have any questions or concerns, please don’t hesitate to let me know.

I continue to enjoy meeting with active members in our community, witnessing their achievements and listening to their concerns. And in turn, I look forward to attending events where we are able to get together and meet our neighbours.

Liberal MPP Leona Dombrowsky: ‘Welcome to my New Website‘ (as of July 03/09)

Dombrowsky’s nasty words for constituent Cindy Welsh & CANACE

In my post about CANACE’s visit to Deseronto-Picton I mentioned that the area’s MPP Leona Dombrowsky (Prince Edward-Hastings) – McGuinty’s Minister of Agriculture, Food and Rural Affairs – unintentionally left a nasty message for Cindy Welsh who had invited CANACE and residents to speak about our suggestions for coping with Race-Based Policing in her community, but was being stonewalled by the OPP, Deseronto and the Elks who reneged on their room rental agreement.

McHale v. R., 2009: Gary McHale & CANACE make legal history!

CANACE co-founders Gary McHale (left) and Jeff Parkinson. 'McHale v. R., 2009' and 'Parkinson v. R., 2009' have now defined the limits of the Crown's ability to interfere with private prosecutions prior to the issuance of a charge.

UPDATE JULY 09/09: In less than one week The McHale v. R. ruling has been downloaded over 1100 times from the Caledonia Wake Up Call.com site. Does not include VoC downloads.

UPDATE: 0430 EST JULY 03/09:  ”McHale scores a major victory for democracy‘ by Jeff Parkinson.

UPDATED 2301 EST JULY 02/09: Comment from Gary McHale added.

At approximately 3pm today I received a phone call from Gary McHale who was fresh from a stunning victory before Judge Marshall of the Superior Court in Cayuga that puts an abrupt end to the attempts by the Crown to stop private prosecutions against native protesters, police officers who aid them, and government officials who criminally abdicate their lawful duties.

In the beginning the Crown took the position that they could interfere with the hearings before a Justice by smearing the character of Jeff Parkinson and other CANACE members, and by offering possible defences on behalf of those facing the charges, and by convincing the Justice not to issue process even when there was evidence to support the charges.

OPP helps CANACE & Deseronto residents expose Race-Based Policing

Deseronto resident Cindy Welsh tries unsuccessfully to convince Shawn Brant supporters to give Gary McHale a chance to speak.

UPDATE JULY 03/09: Napanee Beaver, July 02/09: Raucus meeting defuses with talk  VoC download

UPDATE 2134 EST July 01/09: See, ‘Video of CANACE in Deseronto‘ by Jeff Parkinson for complete coverage in 7 clips. Note: the event was actually held in a Picton park because the town of Deseronto refused to rent resident Cindy Welsh a room where we could speak and the Elks reneged on their rental deal with her.

UPDATE: New story about our visit to Deseronton. See CANACE visits Tyendinaga Mohawk Territory, by Jeff Parkinson.

UPDATE: Video added of Mohawks & supporters clapping when Gary McHale talks about attempted murder of police officer in Caledonia. More video clips to follow.
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CANACE was invited to speak by Deseronto resident  Cindy Welsh who rented the Elks Hall in Picton for Thursday, June 25 at 6:30 because the Town of Deseronto refused – again – to allow non-natives access to their hall to discuss their rights during a land claim dispute.

Unfortunately, the OPP had earlier convinced the Elks manager to cancel the room rental which forced us to try to speak outside in a remote park with no police presence whatsoever while a large group of Shawn Brant supporters shouted us down and screamed hateful insults.

It seemed as though some – especially one woman in particular wearing a red shirt (photo, below) – were deliberately trying to provoke some kind of fight. Jeff Parkinson filmed the entire event, and clips will be posted when available.

Monsters in Deseronto-Picton?

At one point some of the group actually applauded when Gary McHale tried to talk about how a police officer was nearly murdered in Caledonia!

• CANACE video, Picton, ON, June 25/09: Mohawks & supporters clap for attempted murder of police officer in Caledonia 00:24
• CWUC blog, Jeff Parkinson, July 01/09: Video of CANACE in Deseronto (complete coverage of the event in 7 clips)

One resident later said, “Believe it or not, this is a GOOD day!”

CANACE meets with the nice officers of the OPP MELT

We met with 2 MELT (Major Events Liaison Team) members at Cindy’s home prior to the event. We tried to let them know that no one had anything to fear from us. Gary even explained how he was opposed by the Crown when he tried to lay charges for assaults against police officers in Caledonia. 

What’s that sharp-looking shiny thing sticking out of your back, Ernie?

UPDATE 2235 EST June 29/09: Regional News Comment by Bill Jackson, June 24/09: Getting both sides of the story. I’ve posted some excerpts related to Ernie and the smokeshack at the end of this post.

OH ERNIE, ERNIE, ERNIE…

Let’s take a fun stroll through the ‘Everything That Goes Around Comes Around Department,’ or, if you prefer, the ‘One Knife in the Back Deserves Another Department” and, if you have time, what about having a look at the ‘When You Lie Down With Dogs You Get Fleas Department.” They’re all good when it comes to this story:

I recently ran a post regarding my opinion that 73 year-old farmer Ernie Palmer was an honourable, law-abiding citizen who was bullied by Steve Powless into allowing a smoke shack onto his private property and then insulting Doug Fleming for announcing the Caledonia Militia after speaking to Ernie. (now called ‘Caledonia Peacekeepers.’)

•  VoC, June 17/09: More BS in Caledonia: Spectator helps smokeshacker spread it thick & wide

Since running that story, Ernie’s been busy trying to paint Powless as a great guy who had coffee with him all the while insulting Caledonia resident Doug Fleming at every opportunity. I was a little puzzled, but I was pretty sure this story wasn’t finished.

At first, I just couldn’t believe that he wasn’t intimidated. After his numerous backstabbing jabs at Doug Fleming, an honourable man who went to speak with him in good faith to try to offer lawfully permitted assistance if it was desired I began to have my doubts.

CUPE 3903 protests in support of organized crime

VoC note: see also, CUPE and criminals work together
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by Jeff Parkinson

Admittedly when I first heard that Tom Keefer was bringing a bus load of people to protest against the Caledonia Peacekeepers in Cayuga last night, I wasn’t sure what to think. This is a union after all so I anticipated something different from the usual racist, bigoted, ignorant crowd that gathers in small numbers to protest against law & order in Caledonia. Fortunately I’m not afraid to admit it when I’m wrong and I was very wrong.

CUPE and criminals work together against Haldimand victims

Unfortunately, I’m too busy preparing some legal documents today to get up a fully detailed post on the protest against the Caledonia Peacekeepers presentation yesterday in Cayuga where members of various locals from the Canadian Union of Public Employees (CUPE) led by protest organizer Tom Keefer made fools of themselves in so many ways.

The left-wing lunatic fringe was definitely out in force yesterday and they didn’t disappoint,  making idiotic, false and defamatory statements that left my mouth hanging open more than once. Best of all, we caught it all on tape.

Caledonia breakthrough: Canadians allowed to walk past DCE with Canadian flags

UPDATED 1126 EST June 23/09: Video footage of marchers put to music courtesy of Jeff Parkinson.

I am very pleased to report that I sent the following letter to the OPP on behalf of CANACE to thank them for their role in yesterday’s ‘Support Randy Fleming‘ rally.

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June 21, 2009 

Commissioner Fantino, Ontario Provincial Police
Superintendent Gentle
Inspector McLean
Sergeant Carter
Sergeant Michaud

Dear Gentlemen:

Gary McHale and Merlyn Kinrade asked if I would pass on thanks from CANACE to you and your officers for your assistance, your honest communications and your decision to protect and respect the rights of non-natives to walk down Argyle Street with Canadian flags past the DCE. I know this was a big step for the OPP and I know that Sgt. Carter could not have helped make it happen without the support of the OPP leadership. For this we are truly grateful to you all.

Before leaving Lions Park I told the crowd that the officers of the OPP have had a rough three years, too and that no matter what has happened in the past, or will happen in the future, today they made the decision to do the right thing for us. I asked them to thank every OPP officer they met that day in the hopes your officers would go home to their families to tell them that perhaps life will be getting better for them, too.