$12M lawsuit: “Misfeasance” by OPP and Liberal ministers re agreements not to enforce law

UPDATED: Monte Kwinter letter, May 03/06: Promise to natives not to call in military

UPDATED: Brown/Chatwell Statement of Claim (PDF) 

(see also VoC feature, Caledonia Lawsuits)

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.

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.

The following excerpts describe allegations that ministers in the Liberal government  directly interfered with law enforcement activities by making agreements with natives not to enforce the law, by not seeking assistance to enforce the law, and by protecting and condoning the lawless conduct of native protestors. It also accuses the OPP of acquiescing to the interference and taking direction from native protestors.

NOTE: Allegations made in the Statement of Claim have not been proven in court.
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[Brown, Chatwell Statement of Claim, page 23 of 54, paras 55-57]

Agreements Not to Enforce Orders, Prosecute or Obtain Assistance

55. Aside from the attendance on April 20, 2006, the O.P.P. has taken no further steps to remove the protestors from Douglas Creek Estates. The Plaintiffs plead that Commissioner Boniface, and other responsible senior agents or servants or officers of the Crown, directed that no steps be taken by the O.P.P. to remove the protestors from Douglas Creek Estates.

56. On or about April 21, 2007 [should be 2006], the Minister for Aboriginal Affairs for Ontario, David Ramsay, entered into an agreement with the protestors and the Haudenosaunee Six Nations Confederacy Council not to proceed further with any criminal charges arising from the raid by the O.P.P. on April 20th, 2006.

57. On May 3rd, 2006, the Minister of Community Safety and Correctional Services for Ontario, Monte Kwinter, provided a written undertaking to the protestors and the Haudenosaunee Six Nations Confederacy Council that the Crown would not ask the Federal Government to provide military support to the O.P.P. with respect to Douglas Creek Estates.

[Brown, Chatwell Statement of Claim, page 47 of 54, paras 113-123]

Misfeasance in Public Office

113. The agreement by the Minister of Aboriginal Affairs made with the native protestors and the Haudenosaunee Six Nations Confederacy and Council on or about April 21, 2006, not to proceed any further with any criminal charges arising from the raid by the O.P.P. on April 20, 2006 is outside of his authority and improperly interferes with the lawful duties of police officers of the O.P.P., the duties of Commissioner Boniface, Commissioner Fantino, and Inspector Haggith and the duties and obligations of the Attorney General of Ontario and constitutes misfeasance in public office.

114. The Plaintiffs plead that the agreement made by the Minister of Aboriginal Affairs was made with the knowledge and acquiescence of the Attorney General of Ontario and that such acquiescence constitutes a violation of s. 5(b) of the Ministry of the Attorney General Act, R.S.O. 1990, c. M.17, as an administration of public affairs that is contrary to law and constitutes misfeasance in public office.

115. Under s. 3(2) of the Police Services Act, the Solicitor General for Ontario, now the Minister of Community Safety and Correctional Services, has a duty to ensure that adequate and effective police services are provided at the municipal and provincial levels. The Minister has failed to ensure that the O.P.P. has sufficient police services to carry out the following:

a. the enforcement of the Orders of Justice Barry H. Matheson dated March 3, 2006 and the Orders of Justice T. David Marshall dated March 9, 17 and 28, 2006;

b. to ensure that Argyle Street south was free of nuisance and open for passage; and

c. protect the Plaintiffs.

116. The written undertaking given by the Minister of Community Safety and Correctional Services to the native protestors and the Haudenosaunee Six Nations Confederacy and Council on May 3, 2006 not to ask the federal government to provide military support to the O.P.P. at Douglas Creek Estates was in excess of his authority as Minister of Community Safety and Correctional Services and was a wrongful interference with the lawful duties of Commissioners Boniface and Fantino and Inspector Haggith and constitutes misfeasance in public office.

117. The Minister of Aboriginal Affairs, the Minister of Community Safety and Correctional Services and the Attorney General must carry out their duties within the authority provided to them by their governing legislation.

118. The Plaintiffs plead that the O.P.P., Commissioners Boniface and Fantino, and Inspector Haggith have not exercised their discretion but have abdicated their responsibilities and duties and have simply complied with the direction of politicians, of native protestors and of the Haudenosaunee Six Nations Confederacy Council or other native groups.

119. The Minister of Community Safety and Correctional Services, the Minister of Aboriginal Affairs, the Attorney General, and the O.P.P. engaged in a course of conduct which actively protected and condoned unlawful and criminal conduct and activity of the protestors and failed to protect the rights of the Plaintiffs as citizens of Canada, Ontario and Haldimand County, denying the Plaintiffs the equal protection theat they are entitled to under the law in a free and democratic society. Said conduct constitutes misfeasance in public office.

120. The installation of the surveillance camera in the kitchen of the Residence, the deliberate misrepresentation with respect to the installation of surveillance cameras by the O.P.P. and the O.P.P. misleading the Plaintiffs in order to obtain the Plaintiff’s keys to the Residence constitute an abuse of public office and misfeasance in public office by the O.P.P.

121. The conduct of Commissioner Boniface, Commissioner Fantino, Inspector Haggith, the Minister of Aboriginal Affairs, the Minister of Community Safety and Correctional Services, the Attorney General, and the O.P.P. as pleaded herein was deliberate conduct in the capacity as public officers which was known to them to be inconsistent with the obligations of their office and which constituted a breach of statutory provisions for improper purposes or motives. The improper purposes or motives include political gain, designing and implementing plans for police work which protects unlawful conduct, a desire to see the Plaintiffs removed from the area of Douglas Creek Estates, and because the Plaintiffs refused to comply with the desires and wishes of the said public officers, among other things.

122. Commissioner Boniface, Commissioner Fantino, Inspector Haggith, the Minister of Aboriginal Affairs, the Minister of Community Safety and Correctional Services, and the Attorney General and the officers of the O.P.P. were aware that their conduct was likely to harm the Plaintiffs. They acted with conscious disregard for the Plaintiffs and their conduct contributed to the damages suffered by the Plaintiffs.

123. Pursuant to the Proceedings Against the Crown Act, Her Majesty the Queen in Right of Ontario is liable for the torts committed by her servants and agents as described herein.

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References

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4 responses to “$12M lawsuit: “Misfeasance” by OPP and Liberal ministers re agreements not to enforce law

  1. WL Mackenzie Redux

    Bryant in a malfeasance suit…imagine that….seems natural for Bryant to leave office in handcuffs but will justice prevail for the people of Ontario? Have we gone too far down the rat hole of corrupt governance to see malfeasant public officials held accountable to the rule of law??

    VoC REPLY: Hi WL! I agreed with your original comment 100%, but I didn’t want to take a chance on getting sued, so I had to edit it ever so slightly. There are a lot of people who deserve handcuffs in this sad story, but are there enough to go around, do you think? The truth always rises to the top, and how sweet it is, especially after today’s visit and announcement in Caledonia by John Tory! Thanks for the comment. Mark

  2. Mary-Lou LaPratte

    Dear Mark,

    This tragedy is identical in so many ways to the abuse suffered by residents at Ipperwash. As at Ipperwash, I realize that there are many more stories in Caledonia just the same. When I say abuse, I am referring to not only native abuse, but abuse from the OPP and the government. This victimization of the victims of crimes is rampant in native land disputes and so grossly unfair.

    If you complain to the OPP or government about lack of service, indifference to crime, or ask the question “Why are you allowing this to happen to us with no help from any authority?” you are setting yourself up to be victimized further. The fear created in this situation is enormous. The creation of this fear by authorities is to keep you quiet. Very few people in Ipperwash have gone public because of this fear. It is true for Caledonia as well.

    The mandate of the government should not be to induce fear, ignore crime, and blame the victim for what has happened to them. This is the miserable indictment handed down by the death of Dudley George and further entrenched in the system by the crass ommission of evidence of native violence against innocent residents in the Ipperwash Inquiry. Justice Linden put the final nail in the coffin of Justice for all by declaring natives innocent in land disputes no matter what they do up to an including attempted murder. He went even to the point of using the weather( winter coming on) to justifiy the violent takeover of the former Ipperwash Military Base.

    Perhaps the most damning evidence of all is that our elected leaders willingly allowed this to happen and continue to the present. What I fail to understand as the number of victims increases, is why has not one member of the OPP or the government made any effective effort to change this miserable scenario so that true victims are given all the help and support they need .

    As at Ipperwash it is blatantly apparent that the resident victims are NOT running all over stealing, threatening, harassing or assaulting the natives. How sad that trying to be a good citizen, obeying the law, and reporting crimes, in this day and age will not protect you or keep your property and family safe. The OPP and the Government have just simply abandoned the citizens. I wish Dave and Dana well, but the solution they seek may not be forthcoming. Shame on all who stood by and did nothing.

    Shame on us for accepting this status quo and not rising above our fear.

    MLL

    VoC REPLY: Hi ML. I, too, was disgusted by Justice Linden’s ‘winter was coming’ defence as justification for the violence at Ipperwash. Could he have been more insulting?

    If Dave and Dana’s lawsuit does nothing else but give us more ammunition (which it has, in spades!), then it is worthwhile. Eventually, the perpetrators of this injustice will face the inside of a courtroom should they decide not to pay. I also have word from a former client of their lawyer that this guy is very much feared. I think when you see the entire Statement of Claim, you’ll understand why; it is factual, detailed and pulls absolutely no punches. I could scarcely believe what I was reading. Regards, Mark

  3. David Hartless

    What I find absolutely incredible is that even now there are people who do not believe that the Caledonia issue is of enough significance to impact upon their lives. Dave and Dana, Mary Lou, Anne Marie, Bo, Steve and even myself along with countless others have stood up and pointed out the crimes and double standards and atrocities committed against everyone involved.

    The government reps, the Haudenosaunee, the OPP upper echelon move us around on the meeting tables like chess pieces on a board…. we are forgotten, we hold no importance, we are dehumanized and dismissed as acceptable losses. There are 10,000 people in Caledonia and 22,000 people in Six Nations of the Grand River territory yet those numbers mean ABSOLUTELY nothing because they are just numbers….. 32,000 PEOPLE, men, women, children held hostage, trivialized, ignored, assaulted, intimidated and otherwise abused by an essentially small group of thugs who have been empowered by a small group of politicians and high ranking police officers…. why?…. because the road they have taken requires far less of them than the road that holds adversity, the road that holds on the other side of that adversity the truth, the road that simply by going through the adversity carries such outdated notions of Honour, Integrity, Justice, Equality……..

    We don’t want anything special, we want our homes and loved ones protected, we want the law to be upheld regardless of any other factor, we want honour in how we are dealt with, we want our rights and freedoms as GUARANTEED in the Canadian Charter of Rights and Freedoms.

    These are not strange or unreasonable demands, policing the people on 6th line is not an unreasonable demand….. Can anyone understand why Dave and Dana have had to go through this? why any of us have had to go through this? How did politics and appearance become more valuable than 32,000 human beings with lives, hopes and dreams? Anyone?

    VoC REPLY: Hi Dave. Given the upcoming election and ‘Remember Us’ March, I thought your comment deserved a post of its own. See Questions for Ontario from a Caledonia resident. Thanks so much for writing. Regards, Mark

  4. Pingback: Caledonia’s youngest hero: 14 year old Pam ‘Dancer’ Dudych « Caledonia Victims Project