Fantino testimony at McHale trial: what the media didn’t report

UPDATED 1656 EST Dec 02/08

Yesterday, I spent the entire day in a Hamilton courtroom sitting within arm’s reach of Hamilton Spectator reporter Rachel De Lazzer as we – and a group of Caledonia residents – listened to testimony from OPP Commissioner Julian Fantino that proves he has been misleading the public all along about Gary McHale. I watched as she took copious notes during testimony. Apparently there was a CHTV reporter in the court as well.

Fantino’s testimony – NO evidence against McHale

Before I comment on what these journalists reported to their respective audiences, here are what I consider to be the most important details that were exposed thanks to Fantino’s testimony under oath:

1. McHale went through a list of charges with Fantino asking if they had been laid in Caledonia, and whether or not they had been laid against him. Fantino agreed that charges for Attempted Murder; Aggravated Assault; Assault; property damage; and weapons offences had been laid in Caledonia, but not against Gary McHale. Fantino admitted that they video-record McHale’s protests, and that OPP officers were present at one of his townhall meetings.

Despite Fantino’s public allegations (repeated under oath yesterday) accusing him of committing acts of ‘mischief’ and of ‘inciting violence,’ and of being responsible for injuries to OPP officers, he admitted the OPP have never charged Gary McHale with any crime prior to the Dec 01/07 smokeshack confrontation because they have no evidence to support a charge.

CANACE responds to Amnesty International re OPP Framework

This is a copy of an email originally posted at CANACE.ca.

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Sent: Fri 11/14/2008 11:37 AM

Subject: RE: your endorsement of OPP ‘Framework’

Dear Amnesty International Canada:

Your recent endorsement of the OPP ‘Framework’ is most disturbing. Mr. McHale has already provided you with information regarding how this Framework has been used to openly violate the rights and safety of innocent non-natives caught up in land claims through no fault of their own, therefore, I will not spend much time on that issue. I do hope you’ve taken the time to read Mr. McHale’s Charter Application and watched the video of Shawn Brant declaring he doesn’t give a ‘rat’s ass’ how many victims he creates!

SUPPRESSION OF EVIDENCE BY IPPERWASH INQUIRY: You are correct in that the Commissioner of the Ipperwash Inquiry did indeed endorse the Framework as ‘best practices.’ What you likely do not know, however, is that the Inquiry deliberately excluded all non-native Ipperwash residents from testifying. It also refused to publish their evidence.

McHale Charter application alleges Fantino misconduct

Background info, please refer to:

• VoiceofCanada, Nov 08/08: Crown turns over another ’smoking gun’ Fantino email to McHale
• VoiceofCanada, Oct 16/08: McHale submits ’smoking gun’ Fantino email to Hamilton court
• CANACE Incident Summary: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence

McHale files 3 ammended Charter challenges

Yesterday, Nov 10/08, Gary McHale filed 3 ammended Charter challenges with the Court that will be heard before his trial for ‘counselling mischief not committed’ begins. The document includes copies of three Fantino emails obtained under Crown disclosure that prove how far the Commissioner went to target McHale for arrest before any investigation had begun into the smokeshack confrontation of Dec 01/07. The emails begin on p12:

• R. v. Gary McHale, Nov 10/08: Amended Application of Charter Challenge

McHale’s application includes…

• Fantino’s emails tell officers to target McHale, to work around ’timid’ and ‘feeble’ Crown attorneys who want a ’sure prospect of conviction,’ and not to ‘get bogged down with legal nuances.’ 
• Fantino attempted to publicly smear his character with false accusations of links to violence and the spreading of hate while, at the same time, failing to criticize Aboriginals who had actually perpetrated acts of violence. 
• Fantino’s use of the Criminal Code to pursue travel restrictions and to smear his reputation is a violation of the Charter.
• Fantino and the OPP targetted him because of his race; that if he was Aboriginal the OPP would have treated him respectfully.
• Fantino targetted him for arrest and travel restrictions as early as Dec 03/06 even though he knew McHale had committed no crime, and that when the plan didn’t work, Fantino began a defamation campaign in which he made false accusations linking McHale to violence.

Crown turns over another ’smoking gun’ Fantino email to McHale

UPDATE 1318 EST Nov 14/08: Read Fantino’s emails and McHale’s Charter application: McHale Charter application alleges Fantino misconduct.
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Gary McHale has gone into court repeatedly to force the Crown to turn over evidence related to his Dec 01/07 arrest following a protest at an illegal smokeshop in Caledonia.

• CANACE Incident Summary: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence

Evidence that included an email from OPP Julian Fantino revealing how the Commissioner ordered him to be targetted for arrest before any investigation had been done. On Oct 16/08, after reading this email, a Hamilton judge ordered the Crown to turn over all of Fantino’s communications between Dec 01-07 (date of protest to date of McHale’s arrest) concerning McHale and the protest. 

• VoiceofCanada, Oct 16/08: McHale submits ’smoking gun’ Fantino email to Hamilton court

McHale has now received additional Fantino emails. One, dated Dec 02/07, is even more revealing and shocking than the first. It was sent by Fantino to a very high-ranking officer in the OPP. Unfortunately, its content can only be published and/or discussed after it is presented in court.