UPDATE 1202 April 22/07: link to actual April 02/07 complaint to Solicitor General re Fantino’s public statements, as presented at April 17/07 Queen’s Park news conference.
UPDATE 2040 EST April 11/07: ‘Fighting back against the OPP & OPPA‘ reached #42 on the list of top posts for English blogs. There are over 855,000 blogs in the WordPress.com system.
We talked about how the Ipperwash Papers revealed the eerie similarities between Ipperwash and Caledonia, and lawyer John Findlay explained all about the Caledonia Class Action lawsuit. I learned a lot myself about the Class Action, and that knowledge has proven very helpful in helping me take advantage of a key weapon in the struggle against the OPP that we also discussed in the workshop – the Ontario Civilian Commission on Police Services (OCCPS) complaint process.
The OCCPS is the civilian body that oversees all police forces in Ontario. According to the police officer who told me about it, there is no way for a force or an officer – even the Commissioner of the OPP – to shut down an investigation into their actions. Even better, the OCCPS is made up of civilians, not police.
1. Our complaints to OCCPS – aided by the Caledonia Class Action
At the time of our workshop I had just sent in my first OCCPS complaint, dated March 21/07, against four officers of the OPP for allegedly libelling/slandering me in the media during the past few months since my arrest on Dec 16/06. One of those officers was Commissioner Fantino.
After the workshop I received a letter from the OCCPS saying that the OPP Professional Standards Bureau in Orillia would be investigating my complaint against three of the four officers, plus they requested a second copy to be used for my complaint against Commissioner Fantino. Normally, a complaint against an officer is first investigated by the police force itself, and you can then appeal the decision directly to the OCCPS. In the case of a complaint against the Commissioner of the OPP, however, it must be investigated by the office of the Solicitor General. I have since submitted an updated copy of my alleged libel/slander complaint dated April 02/07 to OCCPS for use by the Solicitor General.
I recently submitted a third complaint dated April 04/07 regarding my arrest on Dec 16/06.
I am currently working on a complaint regarding the violations of my rights (refusal to allow me to place a Canadian flag on utility poles across from the Douglas Creek Estates on Dec 16/06 and Jan 20/07. Now this is where the Class Action documents came in handy:
Most people (even the OPP by now) know that there is a 1993 Supreme Court decision known as Ramsden v. Peterborough that guarantees citizens the right to place items on public utility poles. Well, thanks to John Findlay and the Class Action ‘Plaintiff’s Factum’ I discovered there’s another Supreme Court decision that says – in a nutshell – that the province is not allowed to violate the rights of third parties during aboriginal land claims. Here’s an excerpt to show how I used that information in my current yet-to-be-submitted complaint regarding the continued refusal of the OPP to allow me to place a flag on a utility pole across from DCE:
Is it reasonable for the OPP to suspend my rights and threaten my freedom so long as the occupiers remain on the disputed Douglas Creek Estates? How long should I wait to exercise my rights – one month? one year? five years? ten years? Forever? Until the OPP decides that my rights are now available to me? Fortunately, the Supreme Court of Canada has answered this question for me.
In section 78 on page 27 of the Jan 12/07 ‘Plaintiff’s Factum’ for the Caledonia Class Action lawsuit, solicitor John Findlay of Findlay McCarthy states the following based on a 2004 Judgement of the Supreme Court:
“The Supreme Court of Canada has made it clear that third parties to Aboriginal treaty claims have no duty to consult or accommodate the group that is making the claim. Further, third parties are not subject to any duty or are required to make any accommodation to enable the Province to obtain a remedy to an Aboriginal claim. It is up to the Province to find that remedy without affecting or compromising third party interests.
“Haida Nation v. British Columbia (Minister of Forests), supra., per McLachlin C.J. at paras 52 to 56”
A copy of page 17 of the Caledonia Class Action ‘Plaintiff’s Factum’ is attached.
A copy of the 2004 Supreme Court decision in Haida Nation v. British Columbia (Minister of Forests) is attached. [see paras 52-56]
Given that the Supreme Court has upheld both my right to place a flag on a public utility pole and my right not to be denied my rights during a land claim, I refuse to wait even a single day to exercise my rights. I am, however, a reasonable person, and am quite willing to show restraint in the exercising of my rights during a short-lived situation wherein the police are actively engaged in law enforcement activities against criminals, but in the absence of a temporary ‘clear and present danger’ the OPP has no right to restrict my constitutional rights on an ongoing basis, or to arrest me should I decide to exercise those rights.
Since Commissioner Fantino admitted publicly on Jan 12/06 that putting flags on public property is legal, this means that when the OPP fail to protect our right to do so they are violating not one Supreme Court decision, but two! Sooner or later this is going to catch up with them. Since this complaint also names the Commissioner, this one will be investigated by the Solicitor General as well.My fourth complaint will be a general ‘policy’ complaint about the race-based policing policies that led to the violations of my constitutional rights and the loss of my freedom on Dec 16/06.
I also included a copy of the Class Action ‘Statement of Claim’ in the ‘Supporting Evidence’ section of my complaints to show the stark contrast between the OPP’s actions against me as a law abiding citizen, and the numerous examples of their alleged negligence in allowing Caledonia to be terrorized. If you haven’t read the Statement of Claim yet, I recommend it highly, especially from the bottom of page 14 to about page 23 – names, dates, places of the outrages committed against Caledonia along with numerous allegations of negligence and ‘misfeasance’ by the OPP for allowing it to happen.
I am also sending copies of my complaints to the Office of the Ombudsman of Ontario, Andre Marin as per MPP Toby Barrett’s recommendation to keep the Ombudsman informed as to what is really happening in Caledonia. Gary McHale is in the process of preparing his own complaints to the OCCPS.
I’m very pleased to report that a lawsuit has been filed against the Ontario Provincial Police Association (OPPA) and its president Karl Walsh personally for their alleged libel of us in a Jan 18/07 media release. Our lawyer advises that the OPPA release was “the worst case of libel” he’s ever seen. I expect that the Statement of Claim will be posted at CaledoniaWakeUpCall fairly soon.
We also have actions pending against the OPP/Attorney General regarding our unlawful arrests on Dec 16/06. Our hope is that we will eventually be able to get some OPP officers in court to answer questions under oath that may shed some light as to why officers are allowing native criminals to avoid arrest while law abiding citizens are denied their rights and their freedom.
I have to admit that until our workshop I didn’t understand what a great benefit the Class Action lawsuit suit is to Caledonians who want to fight back against the evil attacking their town. Lawyer John Findlay, working with some upstanding citizens and business owners who have stepped forward on behalf of Caledonia at no small financial risk to themselves, has put his extensive and specialized class action experience to work for the benefit of all citizens of Caledonia. Just the documents themselves are a treasure of information as I have recently discovered.
If you’d like to support the Class Action the best way is to make a donation to the fund set up to help pay legal costs if the suit fails. Perhaps you might consider using a portion of your compensation cheque. “Use McGuinty’s money to fight McGuinty!” I can’t remember who said it, but I like it! If the suit wins you get your money back; if it fails, it will be used to pay legal costs awarded to the defendants on behalf of the ‘Representative Plaintiffs’ that include Bo Chausse, Doug Plank and the St. George Arms, just to name a few.
If you’re thinking this might be a good way to invest in your fellow citizens and fight back against the OPP, you can send your contribution via PayPal or by cheque. Visit the Caledonia Class Action website at www.caledoniaclassaction.com for more info.
You can fight back, too!
In addition to supporting the Caledonia Class Action suit, as discussed at our March 24th workshop we would love to help anyone who wants to file OCCPS complaints, especially those on Sixth Line. A number of people have already indicated their desire to do so. As soon as I’ve submitted my own complaints I will be able to help them get started. You’ve got 6 months to file a complaint, so there’s no rush.
Our goal is to teach every OPP officer and supervisor in Caledonia that every time they violate our rights, arrest us unjustly or stand by while native lawbreakers are allowed to commit crimes they’ll know to expect OCCPS complaints to be filed against them.
Sooner or later even the Liberal government will not be able to ignore the politically-correct policing disaster that is the OPP. They will have to act to reform or disband the force in order to prevent a complete breakdown of respect for the law and our democratic institutions.