EXPOSED: How the McGuinty gov’t refused to investigate criminal allegations against Fantino

UPDATE 1033 EST June 18/09: Additional court evidence supports  allegations in Part 1 of Fantino complaint:

• McHale hearing: OPP officer confirms existence of race-based policing (also, Fantino testimony re evidence showing he interfered to get charge dropped against native man who assaulted his officers at same incident.)
• McHale hearing: ERT officer “alarmed” at lack of OPP resources for Dec 01/07 protest 

 

UPDATE 1031 EST Feb 19/09: as of yesterday, our complaint to the Minister (right) had been downloaded over 5,600 times.

UPDATED 1534 EST Jan 23/09

This article explains how the McGuinty government refused to investigate allegations of criminal conduct by OPP Commissioner Julian Fantino, following which lawyers for the Attorney General of Ontario then used the complaint document in what would prove to be a spectacularly unsuccessful attempt to impugn the motives of CANACE founders during criminal and civil proceedings in unrelated actions.

The consequences of their failure will have far-reaching benefits to us and to the victims of Caledonia. One benefit is that this story can now be told…

Allegations against Commissioner Fantino

On May 30/08 I filed a 71 page complaint on behalf of Gary McHale, Jeff Parkinson and myself with the Minister of Community Safety and Correctional Services Rick Bartolucci asking for an RCMP investigation into the evidence in our possession that we believe supports the laying of 3 Criminal Code charges against OPP Commissioner Julian Fantino:

• Obstruction of Justice, s.139
• Influencing Municipal Official, s.123
• Breach of Trust by Public Officer, s.122

Police Services Act complaint, May 30/08: Vandermaas-McHale-Parkinson v. Fantino

“Free at last! Thank God Almighty, we are free at last!”

On the eve of the inauguration of the first black president of the United States, a day also set for honouring one of the greatest civil rights leader in history, my eyes filled with tears today as I watched a video recording of Martin Luther King’s 17 minute ‘I Have a Dream’ speech.

“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.”

“I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at a table of brotherhood.”

“This is our hope. This is the faith that I go back to the South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.”

Dr. Martin Luther King, ‘I Have a Dream‘ speech, Washington D.C., Aug 28/63

As I await the morrow, a day that many commentators, black and white, believe will signify a giant step towards the fulfillment of Dr. King’s magnificent vision I have mixed thoughts and emotions. I am filled with a sense of history; Dr. King has indeed proved, as did Ghandi before him, that non-violent protest can change the world, and tomorrow is the ultimate evidence of that creed.

Victory in Cayuga Court for CANACE founders

UPDATED 2256 EST Jan 19/08

For many months now CANACE co-founder Jeff Parkinson, with the help of Gary McHale, has been trying to lay criminal charges against two OPP officers who, during an illegal occupation, assisted native protesters in building a barricade to keep the legal owner out of the Hagersville development site.  The Crown has done its level best to make sure the charges were never laid.  

A Justice of the Peace refused to certify the charges despite clear video evidence, the refusal being based on the Crown’s assertion that Parkinson’s motives were suspect, primarily because he was a member of CANACE whose founders have filed various complaints and lawsuits against the OPP. Tomorrow I will post and discuss one important complaint against Fantino and how the government tried to use it against us instead of investigating its shocking allegations.

Despite the Crown’s worst efforts however, on Jan 12/09 Justice Marshall of the Superior Court ruled in Parkinson’s favour in a case now known as ‘Parkinson v. Regina.’ Not only did the judge order a new hearing into the charges, he completely vindicated Parkinson and his motives. This decision will have a huge impact in the ability of all citizens to file private prosecutions against police officers and senior politicians who have breached the law in the performance of their duties. From CANACE’s point of view, it should shut down the outrageous attempts to paint us as ‘vexatious’ filers simply because we have used various democratic means to try to hold politicians and police accountable for abandoning the rule of law.

McHale, Caledonia fight Fantino attempt to rewrite history

UPDATED 1415 EST Jan 20/09

On November 26/08 OPP Commissioner Julian Fantino testified under oath that Gary McHale had not been charged with any crime prior to Dec 01/07 because the OPP had no evidence to support such a charge. He also testified, after being shown a video of Clyde Powless attacking Gary McHale from behind on Dec 01/07, that he could not tell what Powless was doing.

VoC, Nov 27/08: Fantino testimony at McHale trial: what the media didn’t report

Fantino blames innocent victim of assault by ‘peacemaker’ Powless

Less than two weeks later, on Dec 05/08, Fantino lied to a St. Catharines court when Clyde Powless’s lawyer presented to the court a character reference  from the Commissioner dated Dec 04/08 that – unbelievably – praised Powless as a “peace-maker” while at the same time calling the innocent victim of Powless’s cowardly assault – Gary McHale - a ‘mischief maker,’ falsely blaming him not only for most of Caledonia’s troubles, but also for the assault that sent him to hospital. Here are some quotes from Fantino’s email:

“Much of the conflict, confrontation and provocation has occurred during the times that Mr. Gary McHale and his followers have converged on Caledonia that invariably resulted in hightened tensions and conflict…”

“Iam not making excuses or apologies for Mr. Powless’s actions…and with respect, the Honourable Court may wish to consider the volatility of the situation and provocation that simply could have been avoided but for the presence of Mr. McHale and his like minded followers.”

“…I wish to advise the Honourable Court that on a number of occasions Mr. Powless has been instrumental in diffusing serious conflict and confrontation during which times he has actually been the peace-maker.”

Fantino character reference for Clyde Powless, Dec 04/08:  presented to court, Dec 05/08

Clyde ‘Peacemaker’ Powless?

Photo: Hamilton Spectator, www.thespec.com

Readers can judge for themselves who is the peacemaker and who is the mischief-maker via the links below. 

CANACE video: Clyde Powless’s Two Speeches

CWUC feature: Fantino’s New Friend-Cop Assaulter Clyde Powless

CANACE Incident Summary, Dec 13/07: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence 

Police Services Act complaint, May 30/08: Vandermaas-McHale-Parkinson v. Fantino (McGuinty gov’t refused to investigate or even ask for supporting evidence to this shocking, 71 page complaint.)