$12M Lawsuit: OPP & DCE thugs co-operate in false arrest of Dave Brown for trespassing on his own property!

UPDATED July 06/08

2inch_voc_logo-url.jpgCaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

Brown/Chatwell Statement of Claim 
(see also VoC feature, Caledonia Lawsuits)

The claim is nothing less than a shocking indictment of OPP police state tactics and their complete abdication of law enforcement authority in the face of direct interference by the provincial government and native criminals. The actual Statement of Claim is 54 pages long, so we will be releasing excerpts from the document to help readers digest the unbelievable details. In actual fact, long time readers of VoiceofCanada and CaledoniaWakeUpCall will find these excerpts all too believable.

This excerpt describes how Dave Brown was falsely imprisoned by the OPP after being attacked on his own property by trespassing natives, and then turned over to the OPP by natives who demanded he be arrested.

NOTE: allegations made in the Statement of Claim have not been proven in court.
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[Brown, Chatwell Statement of Claim, page 27 of 54, Paragraphs 60-68]

False Imprisonment of Plaintiff David Brown by O.P.P.

60. On or about 1:00 a.m. on the 8th day of May, 2006, Brown was returning to his residence having attended a Blue Jays baseball game in Toronto. Brown was allowed to pass through an O.P.P. barricade on Argyle Street South and then had to pass through a native barricade in order to get to the Residence. The native person at the native barricade advised Brown that he was past the “curfew”. Brown was told that he could not return to his home. The Plaintiffs had not been advised of, and were not aware of any “curfew”. The curfew had apparently been arbitrarily set my native protestors at 11:00 without any notice to Brown. Brown, realizing that his spouse Chatwell was at the Residence, continued through the barricade to drive to his home.

61. Approximately 15-20 native protestors followed Brown and trespassed onto the Property. One of the protestors on an ATV took a run at Brown. Brown defended himself against the protestors’ attack. The native protestors forced Brown to get into their vehicle and took him to the O.P.P. at the barricades. The native protestors told the O.P.P. that Brown was disturbing the peace and trespassing and that Brown had assaulted them. The allegations of infractions against Brown were untrue. Despite the fact that the native protestors trespassed onto Brown’s Property and assaulted Brown and that Brown was defending his property rights, the O.P.P. officer at the barricade roughly seized Brown and arrested him and ordered he be detained in a prison cell. The O.P.P. refused to enforce the law to protect Brown’s property rights and right to safe passage to his residence.

62. When Brown was told he was being taken to prison he protested and argued his position with the O.P.P. officer at the barricade. Other O.P.P. officers at the barricade attempted to explain Brown’s position to the O.P.P. officer who ordered Brown be imprisoned. That officer became angry and stated that Brown had to be imprisioned because of the way Brown spoke to him.

63. Brown was taken to Cayuga and placed in a locked cell overnight. The O.P.P. did not charge Brown with any offences. Brown was not advised of the basis for his arrest. Brown was not advised of his rights. Brown was not offered the opportunity to call legal counsel. Brown was not allowed to make any phone calls nor to call Chatwell whom he knew to be at home surrounded by native protestors on her Property.

64. Brown was not released until 7:30 a.m. the next day. Brown states that the next day he was left to fend for himself to return to his residence, approximately 10 miles away. At the barricades, the O.P.P. refused to escort Brown back to his Property located inside the barricades.

65. Chatwell states that when she saw Brown surrounded by native persons in her own driveway, she attempted to contact the O.P.P. through a 911 call. That service declined to send anyone to assist her and advised that they would call her back. They did not. Chatwell again called 911 and was told not to call again.

66. Chatwell further states that when Brown was detained by the O.P.P., she made a request to come and pick her spouse up. That request was denied by O.P.P.

67. Brown pleads that his imprisonment byt he O.P.P. constitutes a total deprivation of his liberty without lawful cause. The deprivation was against his will and constitutes the tort of false imprisonment. Brown pleads that the officer who arrested him at the barricade had no authority to do so and committed the torts of assault and battery. Brown pleads that the O.P.P. did not comply with their own policy and procedures in arresting him. Brown pleads that Commissioner Boniface and Inspector Haggith, and, pursuent to s.5(1) of the Proceedings Against the Crown Act, the Crown is liable for the torts committed by the unknown O.P.P. officer and the O.P.P.

68. Brown pleads that his imprisonment was in violation of s. 9 and s. 11 of the Canadian Charter of Rights and Freedoms which grants Brown, as a Canadian citizen, the right not to be arbitrarily detained or imprisoned.

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VoiceofCanada comment

In addition to presenting a complete accounting of the negligence and misfeasance by the OPP and the Ontario government in Caledonia, the Brown/Chatwell claim is a goldmine of evidence in support of other lawsuits and complaints against the OPP, including our own. Thank you Dave and Dana! We will be forwarding copies to the Ontario Human Rights Commission, the Ombudsman, the Ontario Civilian Commission on Police Services and to various politicians.

Mark Vandermaas, Editor
VoiceofCanada

References

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5 responses to “$12M Lawsuit: OPP & DCE thugs co-operate in false arrest of Dave Brown for trespassing on his own property!

  1. You guys are an amazing example to the rest of Ontario and all of Canada to stop being afraid, unite together and STAND UP FOR YOUR RIGHTS!! Way to go. I couldn’t be more proud!

    VoC REPLY: Thanks for the compliments, Larry. There are other people who have helped us. And let’s not forget lawyer John Findlay, author of the Caledonia Class Action lawsuit. Dave and Dana’s lawyer quoted We have always appreciated your support from the beginning. Those who joined this fight early on can take a special pride in knowing they stood up when it mattered most, especially as we can see the walls crumbling to dust in that house of cards where treachery resides.

    As for standing up for our rights, I’m reminded of a scene in Platoon when an American soldier stumbles into Charlie Sheen’s foxhole and says, “the Cong are coming and they ain’t stopping for shit!” That’s how we feel. Election or no election, we’re going to nail these idiots who have taken us to the edge of anarchy, and they’re either going to be unemployed, in jail, or broke from defending their idiocy in lawsuits. People can either help, or get the hell out of the way. I’m glad you chose to help! Best Regards, Mark

  2. WL Mackenzie Redux

    Only in the dystopia of a Bizzaro wold could a man be charged for trespass on his own deeded property….I think this incident more than any other in the long sordid DCE crime scene displays the dyslexic reasoning of Ontario’s current civilly-challenged governing regime.

    A deed in McGuinty’s Ontario isn’t worth the paper it’s printed on…..for all the SN negotiators who deal with this man, you have to understand his total lack of commitment to defend lawful title extends to you as well.

    VoC REPLY: Hi WL! Nice to hear from you again. Welcome to Bizzaro world, but don’t get used to it because its walls are starting to crumble thanks to voices like yours. Thanks for raising it when it mattered most. You were very vocal about Two Tier Justice from the beginning. Regards, Mark

  3. Police injustice? Where do i begin? I made a legitimate complaint against a firefighter / paramedic and ex military using cocaine and marijuana in my presence twice, I spoke out at a city hall pubic meetinig about the need for drug testing in the city. At no time was this persons name mentioned in the meeting. I believe in Canada we have what is called Fundamental Freedoms of freedom of thought, belief, opinion and expression including freedom of the press and other media of communication. Well not me! I was arrested for criminal harassment. Not only that, I was hung up on by the RCMP in St. Albert Alberta, twice when I called saying I was fearing my safety from this man. I was also hung up on by the EPS (Edmonton Police Service) when I called them fearing my safety. This man has had his “friends” intimidate and harass me, yet the police have taken no action. I have contacted Mr. Stockwell Day who has yet responded to the RCMP hanging up on me. I have put in a complaint to The Commission for the Complaints Against the RCMP and Inspector Dosco of the St Albert RCMP has responded saying that the person answering the RCMP phone was not an RCMP member that it was a City of St Albert employee Merle so no action can be taken. Do we live in a communist country? Please respond

    VoC REPLY: Hi Raegan. Thanks for the info. I’ve sent you a private message with some ideas to the email address you provided. Regards, Mark

  4. Hi Mark, I submitted my comments July 12, 2008 and I saw you responded to me but it was at my old email address. Would you mind getting back to me at my new email address at xxxxxx Thank you I appreciate your help. Raegan Charchuk

    VoC REPLY: Hi Raegan. I dug out my original email to you and sent it to your new address. Regards, Mark

  5. This couple are victims of political correctness – where if you are a member of the visible minority flavor of the month, you can do anything to anyone and the authorities won’t do a thing (except in this case they did…they helped the thugs!)…

    From these Indian “occupations”, to what just occurred in the USA (his students feared him, his colleagues were concerned, he never kept his views secret but G*d forbid they tell, lest they be called ‘racists’)…

    This illogical fear of race, of discussing it, has lead to tragedies far worse than hurt feelings or percieved prejudice – it’s lead to the destruction of innocent lives!

    It’s high time we had one law for everyone.