CANACE media release: McHale to seek charges of Assault, Mischief vs. CUPE 3903 leader of Caledonia confrontation

Posted on June 8, 2011 | 2 Comments

Following up on the Crown’s decision to drop the Assault charge brought against him by CUPE 3903 leader Tom Keefer in connection with a Feb 27/11 Caledonia protest Gary McHale has issued a news release with additional information.

In addition to outlining details regarding the circumstances of the case, McHale states that he will be using the private prosecution provisions of the Criminal Code to ask the Court to issue process for charges of Assault, Mischief and Counselling Mischief against Mr. Keefer, and will also be seeking to have charges of Mischief certified against those who joined Keefer “to interfere with the use of private property.”

Basis of charges vs. Keefer et al

Section 41 of the Criminal Code of Canada provides that property owners/agents may remove trespassers using reasonable force, and trespassers who resist removal are deemed to have committed an assault against the owner:

Trespassers’ statements to OPP against McHale provide evidence for charges vs. Keefer and associates

Not only does McHale have a wealth of experience in the criminal courts in the field of private prosecutions (see below), convincing a judge that there is evidence for the charges against Keefer and his followers should prove easy since the statements they made to the OPP in hopes of seeing McHale convicted of Assault can now be used against them. 

The OPP is responsible for confrontations

McHale advises that today’s news release was sent to key members of the OPP leadership in order to help them understand that he is prepared to lay charges when the force fails to provide protection for non-native protesters (as it has now done on 4 separate occasions) and non-natives are victimized as a result:

Not the first time OPP have abused their authority re arresting victims instead of trespassers

In 2008, property owners of a subdivision under construction in Cayuga, Ontario who were being victimized by the OPP’s refusal to remove native trespassers were told by the OPP that they would be arrested if violence broke out if they tried to remove the occupiers themselves. A Superior Court judge not only rebuked the OPP for refusing to assist them, he called their arrest threat an “abuse of…power.”

“3. The police have no right to prevent the plaintiffs from acting within their rights under s.41 of the Criminal Code. Their warning to the plaintiff that they would arrest anyone who is involved in a physical confrontation, regardless of the circumstances, is an abuse of the power conferred on them by s.31 of the Criminal Code.”  

[NOTE: s.41 of the 'Defence of Property' portion of the Criminal Code gives property owners the right to remove tresspassers w/reasonable force. S.42 gives owners the right to enter their property.]

It was this case in which McHale was able to have 9 charges of Intimidation, Mischief and Extortion certified against two occupation ringleaders – Ruby and Floyd Montour – after the OPP refused to assist the owner:

The court rebuke of OPP abuses did not cause them to change their illegal policies of targeting victims for arrest, however. In 2009 another landowner, this time in Hagersville, was also denied police protection and forced to go to court for an injunction which specifically acknowledged their right to use force to remove native occupiers:

  • Caledonia Victims Project, Lawsuits & Court Actions: John Voortman & Associates v. HMF (Hagersville occupation, April 2009) [LINK]

McHale’s track record in private prosecutions

Despite having no formal legal training or representation Gary McHale has not only successfully defended himself against two criminal charges that have not gone to trial, he has made legal history in the field of private prosecutions under the Criminal Code of Canada which he has used the courts to issue process for charges of Extortion, Intimidation and Mischief against native protesters;

Hagersville, May 23/07: OPP officers assist native militants to build fence to keep legal owner of property out. Superior Court Justice Marshall (now deceased) hears the evidence, listens to opposing arguments from Attorney General lawyers and, on Jan 12/09, ordered JP to charge them w/Mischief as per Parkinson v. R. Crown dropped charges at first opportunity.

…charges of Mischief against two OPP officers who helped native protesters build a barricade to keep the lawful owner out of his property (charge filed & argued by Jeff Parkinson);

…a charge of Influencing Municipal Official against former OPP Commissioner Julian Fantino:

Justice Walsh's signed order that former OPP Deputy Commissioner and Superintendent Ron Gentle face Obstructing Justice charges. Click to enlarge.

…charges of Obstructing Justice against OPP Superintendent Ron Gentle and the former deputy commissioner Chris Lews – who is now the commissioner;

…and he is awaiting a Superior Court ruling on whether or not a former OPP commissioner, a former OPP inspector and a former Ontario cabinet minister will face charges he brought in connection with the Stirling Street subdivision occupation that resulted in Sam Gualtieri being left with permanent brain damage from a beating by native thugs.

This case was ordered to proceed after McHale won a Court of Appeal decision in 2010 after the Crown appealed a  2009 Superior Court decision in McHale’s favour by now-deceased Justice David Marshall. 

About Tom Keefer and CUPE 3903

VoC comment

Race-based policing is alive and well in Caledonia. The OPP are still persecuting non-natives for non-crimes, and running interference for native lawbreakers and the anarchists, radical unionists and anti-Israel groups who have supported them since 2006.

One can only hope that if Hudak wins in October his first act will be to fire Chris Lewis and hire a new commissioner from outside the OPP whose first act should be to fire the top 100 officers (down to the rank of sergeant) who ever served in Caledonia, and begin an extensive de-programming of the force to remove all vestiges of tolerance for racial policing.

A comprehensive list of legislative and policy suggestions can be found in our ‘Caledonia Act’ document which we released March 22/11 at our Caledonia: No More Nightmares presentation in Ottawa:

It can’t happen too soon. In the meantime…we have Gary McHale.

References

  • Caledonia Victims Project reference: R. v. Gary McHale (Assault) [LINK] (re Truth & Reconciliation Rally, Feb 27/11)
  • VoiceofCanada, June 07/11: BULLETIN: Crown drops Assault charge vs. Gary McHale
  • ‘Caledonia: No More Nightmares’ event, Ottawa, March 22/11: Mark Vandermaas presentation, Part 1 - Caledonia’s Victims [VIDEO #1, 15:05] [PDF, 36p w/citations] 
  • ‘Caledonia: No More Nightmares’ event, Ottawa, March 22/11: Mark Vandermaas presentation, Part 2 - Caledonia Myths & Policy Issues: ‘Vexatious Land Claims‘ and Caledonia: a National Security Issue [VIDEO #2, 14:50] [PDF, 36p w/citations] (includes info re support for native militants by radical unionists, anarchists, anti-capitalists, anti-Israel groups and terror group supporters)
  • ‘Caledonia: No More Nightmares’ event, Ottawa, March 22/11, Mark Vandermaas presentation, Part 2 cont. – Caledonia Myths & Policy Issues: An Illegal Peacekeeping Mission on Canadian Soil [VIDEO #3, 9:39] [PDF, 36p incl. citations, begins p12]
  • 2010 New Directions in Aboriginal Policy forum, Mount Royal University, May 05/10, Mark Vandermaas presentation: Listening to Victims: A Fresh Approach to Healing and Reconciliation [PDF, 21p]
  • 2010 New Directions in Aboriginal Policy forum, Mount Royal University, May 05/10, Gary McHale presentation: The Face of Aboriginal Sovereignty versus the Rule of Law in Caledonia [PDF, 8p]

UPDATES/RELATED

Mark Vandermaas, Editor
VoiceofCanada
info@voiceofcanada.ca

This entry was posted in 2. VoC's Favorite Post, Anarchists & Unions in Caledonia, Caledonia Players, CANACE, CANACE News, CUPE, Gary McHale, Legal actions & rulings, MUST SEE, Native Protests - Caledonia, Racial Policing, Tom Keefer. Bookmark the permalink.

2 Responses to CANACE media release: McHale to seek charges of Assault, Mischief vs. CUPE 3903 leader of Caledonia confrontation

  1. Bill | June 9, 2011 at 2:06 pm |

    hmmm – he missed Criminal trespassing (trespass with assault). I like the “Counselling” charge. The courts take that seriously. It usually indicates there is something larger beyond a spur of the moment flash mob – at a deeper level there could be collusion or criminal conspiracy . I’ll certainly be watching this one churn through the courts and I’ll kick a couple of bucks into the CANACE kitty to help with legal costs.

    No doubt the Kamakazi Kommies aren’t bright enough to put a cork in their uncivil street politk mobbing against Gary. The evidence for larger charges will pile up. Give it time.

    Speaking of Anarcho-Unionist pin heads here’s a couple of good jokes:

    Q. What does an anarchist taxi service look like?
    A. The driver-passenger relationship represents an essential hierarchical relationship which must be broken down through disruptive destabilization and Hegelian negotiation. Once all the occupants of the taxi are on equal terms, and those external to the taxi are aware and comfortable with their duty to subsidize those within the taxi, discussions of possible destinations can begin in earnest.

    Q:Where do you hide your money so your anti-poverty anarchist roommate won’t find it?
    A: Under the help wanted ads!

    Q: How many Anarcho-Unionists does it take to change a light bulb.
    A: None. Fringe ideologies never change anything.

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