McHale cross-examines OPP as “Two Tier Justice” enters Canadian courtroom for first time!

t-shirt_free-caledonia-now_sep22-07.jpgjustice_gavel_cdn-flag.jpegHistory has been made in Canada!

Today, for the very first time, the phrase ‘Two Tier Justice’ was uttered in a Canadian courtroom and an OPP officer was cross-examined under oath on the topic by none other than Gary McHale. In one of the high points of his cross, McHale asked the testifying officer if he knew who first used the phrase. “No.” Would it surprise you to learn that it was Ontario Provincial Police Association (OPPA) President Karl Walsh?  

The OPP wanted very much to maintain the restriction that keeps McHale from entering Caledonia. McHale offered to agree not to go near the Argyle/Highway 6 smokeshop that was the scene of Doug Fleming’s Dec 01/07 protest, but that wasn’t good enough for the OPP. They wanted him kept out completely.

The OPP’s eagerness to ‘get’ McHale led the investigating officer, Detective Murray, to dramatically and badly overstate and misrepresent the case against him by taking a great deal of time to read into the record the misinformed Fantino fantasy version of our struggle against Two Tier Justice that blames most of Caledonia’s woes on us.

His testimonial ‘overkill’ however, actually provided us with – among many other things – evidence that proves they are trying to limit Gary’s freedom to come to Caledonia, in part, because the “stakeholders” in the landclaim negotiations complained to the OPP about him disrupting negotiations.

The ‘stakeholders’ didn’t like McHale exercising his rights. Hmmm. I wonder who the ‘stakeholders’ are? Could they be the provincial (i.e. McGuinty) government? The federal Government? Clyde Powless’ DCE/smokeshack thugs? Could it possibly be that Gary’s arrest and onerous release conditions have political overtones? Thanks, Detective Murray.

I also discovered today just how unbelievably badly misinformed and duplicitous the OPP truly are, as if I needed to be reminded. It was actually sad to see them all sitting there watching as the lead ‘investigator’ was on the stand trying to manipulate half-truths and misinformation into a Gary McHale smear campaign.

He was repeating the same misinformation about us that caused me to formally complain to the Solicitor General about Fantino last May – the same complaint that was dismissed before his own consultant had finished his report.

Well, by the time Detective Murray was finished, even I was thinking maybe we should be tarred and feathered and run out of town, so damning was his testimony! Seriously, I could hardly keep quiet or sit still as I listened to the fiction and insults he was presenting to the court against us. Merlyn Kinrade and I both commented on how we’ll never look at an OPP officer the same again.

knight-w-sword.jpgIn spite of all our letters, complaints and lawsuits, the OPP stubbornly refused to listen to us, but today…today…well, let’s just say the OPP side of the room didn’t look too happy by the time McHale finished cross-examining the head of the so-called ‘investigation’ into the violence of Dec. 1st.

By the time McHale was finished, the truth was plain as day: the OPP didn’t have a shred of proof to back up their claims against us as the good detective was forced to admit – among many things – that neither McHale nor I had committed an offence or been accused of an offence before December 1st, and that he had no evidence to support his claim that people had been injured at any of McHale’s events.

He also attempted to evade McHale’s question as to whether or not OPP officers had been assaulted on Dec 1st by natives saying that no officers have filed complaints. When pressed aggressively by McHale, Murray finally admitted that he saw some incidents on video that “gave him some concern.”   

Bill Jackson of The Regional was there for the whole thing. Be sure to pick up a copy when it comes out next week.

Gary’s release conditions are still in place for now, but today has been a VERY, VERY, VERY good day in many ways – both in and out of the courtroom – most of which I can’t talk about.

I can tell you that Detective Murray stated under oath that the woman who incited the violence against Gary by making the false allegation of assault against him before pushing him is going to be charged for filing a false complaint; don’t know when, but it’s going to happen. Pack your toothbrush, honey.

(Just out of interest, note that Kyle Hagan was arrested on the day of the protest. Gary was arrested 6 days later. 13 days later, the woman who filed the false report still hasn’t been charged. But, it’s coming. The nice OPP investigator said so. And he wouldn’t lie to the court, would he?)

As I asked a VoC reader, have you ever tried to break up concrete? You pound on it. You pound on it. And, you pound on it so more, and nothing seems to happen. And then, it all suddenly cracks and falls apart. Stay tuned. Be patient, but I think you’re going to like what’s coming next.

Be sure to check out the CANACE incident report for Dec 01/07 if you haven’t already done so. When I tried to give a printed copy to Detective Murray, he refused to take it from me, saying, “I couldn’t care less about that!” This would be the same Detective Murray who told McHale, his wife and me on Dec 1st that he was “completely unbiased.” 

Bill Jackson took a copy; I guess that’s why his paper prints the truth. They couldn’t care more about about it.

What a refreshing concept.

Please remember them… 

Remember Kyle, Doug and Gary. They risked their freedom to defend your rights.


Mark Vandermaas, Editor
Co-founder, Canadian Advocates for Charter Equality  

6 responses to “McHale cross-examines OPP as “Two Tier Justice” enters Canadian courtroom for first time!

  1. Mary-Lou LaPratte

    Dear Mark,

    It is obvious that the road to justice has many dead ends, curves, and hurdles. These court cases are examples of the needless hurdles and abuses of the system by the OPP.

    I truly believe that the instigator of this mess needs to be charged with assault as well as the false allegation that Gary assaulted her. A very learned man ( in law practice ) once told me that police will do anything to get someone if they want to, the end justifies the means. Pretty sorry picture when an officer testifies on the behalf of the OPP with no evidence, but fabricates a scenario with untrue narrative.

    The problem with this whole thing is that the OPP and innocent people are being held hostage to the native agenda with threats of violence. I have often stated, deal with the violent ones if violence occurs and protect the innocent from being victims of this violence. Seems like common sense and the law do not apply to native land claim disputes. In the final analysis, it will be interesting to see who takes the fall for this punitive, callous, and cruel manipulation of the rights of the innocent by the OPP in order to protect those who have no respect or compassion or integrity for their fellow man.

    I also question Officer Murray’s response referring to the stakeholders. If the stakeholders include politicians or appointees by the government at the negotiations then we are going into a dark place where those in power are also involved in defaming, libeling, slandering and falsely accusing an innocent man of deceitfull agendas. Not a place to be in a Democracy.

    I sincerely hope the court listens intently through all of this and produces a turning point where innocent people will finally be protected from those who have taken control of our freedoms with terrorists tactics, in conjunction with those who are supposed to protect and keep Ontario’s citizens safe from crime.


    VoC REPLY: Mary-Lou has spent the last 15 years of her life trying to get recognition for the suffering of innocent non-native residents of Ipperwash in order to prevent other landclaim lawlessness and OPP injustices in other parts of Ontario. Be sure to read her story: The Strength of a Woman – Mary-Lou LaPratte, Ipperwash hero

    Also, be sure to see: Michael Bryant: Ontario deserves fair inquiry into violence against residents

    It was Mary-Lou who was instrumental in helping us produce The Ipperwash Papers project that we presented – again, with her help – at Queen’s Park on March 14/07.

    Thanks for taking time to write, ML. Mark the Interloper

  2. MArk I wish I could have attended the court proceedings on Friday.

    As we all have known from the start, the OPP cannot hide the truth forever and sooner or later their lies and deceit would surface for all to see. It is obvious that through the leadership of Gary McHale and the other small group of dedicated protesters this truth is finally shining through.

    Officers like Detective Murray who cannot hide their allegiances with Government handlers and Native thugs will be the pitfall of the Ontario Government.

    McGuinty will have a lot to answer for in the comming months especially if we can continue to get his puppet OPP officers on the witness stand to answer some really tough questions under oath and cross examinations.

    It is easy for them to make slanderous statements in the media without having to answer to them at the time but another thing when they are challenged in the courts, sworn to testimony under oath and cross examined heavily on the truth.

    We must and will keep up our fight Mark and together we will expose the ugly truth about Ipperwash and Caledonia.

    It dismays me about some of Detective Murrays testimony on Friday when it appears that even someone with an association with our cause appears to be a target of the investigating OPP officers.

    It appears that anyone who voices disagreement or concern about the actions of the OPP or Government become persons of interest and concern to the investigating OPP officers.

    I am however bewildered that at the same time these very same Investigating OPP officers can so easily turn a blind eye to Native acts of crime, violence and terrorism.

    I hope Detective Murray uses the utmost expediency to issue the arrest warrant and arrests the very dangerous woman that instigated the attacks on us on December 1.

    I don’t think though thet we can expect an apology from chicken shit Fantino for falsely accusing we the peaceful protesters for the Violent Native attacks on us on December 1.

    Jim Anderson

    Interloper -protester / par excellence
    (and proud to be a part of the resistance to Two -tiered Justice)

    VoC REPLY: Well said, Jim from one Interloper to another! I would have paid admission to watch Gary take apart Detective Murray on the stand. You just can’t imagine how stupid and unfounded his statements sounded once Gary started questioning him. And believe me, Murray opened enough doors to drive a fleet of transport trucks through! I hope you can be there for Round 2. If you’re reading this Detective Murray, would you please…please take a step backward and spend some time reading VoC before we next meet again. Then, perhaps, you will be armed with the truth next time. Thanks, Jim.

    Mark the Interloper

  3. Seems the higher up you go in the command chain the more comfortable they are with perjury.

    VoC REPLY: Hi Bill. You know, in the case of the detective who testified, I don’t think the innuendo, mis-characterizations and lies were his. He was obviously parrotting the garbage that he’d been told about us that was written by people who had been fed the garbage. I would not be surprised to learn, however, that the investigating officer never even bothered to read a single article on VoC before going into court to say that I wanted violence in Caledonia.

    I may be more generous than I should be here, but I’m not sure if Detective Murray’s performance would meet the definition of ‘perjury.’ Words and phrases like ‘ignorance’ and ‘desired narrative’ and ‘bureaucratic misinformation’ come to mind. Does that amount to perjury? I’m not going to say that until I see what happens at the next hearing. If the detective admits that, after doing some additional research after Gary’s cross, he was given incorrect and/or misleading and/or incomplete information by other officers and sources about us, and agrees to drop the silly restrictions on Gary, then I’ll give him the benefit of the doubt.

    In my opinion, however, he went out of his way to avoid blaming any natives for violence on Dec 1st. or anything else for that matter, and it appeared to me that he really believes that non-natives have no right to protest if the politicians and native criminals don’t want them to.

    The OPP issued a news release about our Dec 16/06 protest claiming that we had advertised it as a way of showing support for the troops in Afghanistan. Never happened. We have never held or advertised an event for that purpose. Never. I included that as an example of misinformation about us to support my complaints about more serious defamation against us by Fantino. Yesterday, Detective Murray regurgitated the exact same lie for the court.

    I think what happened is that no one in the OPP really WANTS to know the truth, including the guy who testifed yesterday. They’ve made up their mind, and the facts be damned. One files a nonsensical report. The other uses that report to write his, and the next uses his. I guess that’s how innocent people get convicted of murder. If the OPP made the admission that they were wrong about us, then they’d look bad.

    I want so much to be able to sit down and talk to someone in power and help them understand the truth, but no one seems to want to listen. The longer the lies go on unexposed, the harder it’s going to be on all of us. I wish they’d just listen now, and save us a lot of trouble and money in the lawsuits to come.

    Time to bring in the RCMP!

    Regards, Mark the Interloper

  4. Mark after reading your last reply to Bill I am compelled to add to the forray.

    I think that really the OPP know the sad truth and know the Natives leading these occupations are violent and are capable of almost any and all illegal criminal acts to further their agendas.

    Further the McGuinty Government knows who and what they are dealing with and because they don’t have the balls nor the where -with- all to deal with the Native Terrorists have chosen the easy path of appeasement and non confrontation hoping to avoid the inevitable violent confrontation that has become necessary to enforce the laws of Canada.

    Their continued path of appeasement and their blind eye approach to Natives Breaking the law only adds to the emboldenment of the Lawless Faction of the Natives which only leads to more frequent and more violent attacks on us from the Occupiers trying to embezzel money from Politicians who have displayed their indecivesness, weakness and total fear of the Natives threatening to become even more violent.

    The message from the stake holders especially on the non native side would be more appropriate if it was there would be no more discussion until the terrorists are removed from the DCE, peace is established all over the Country and no more lawless acts are comitted asgainst any non native community in support of any land claim. A firm approach by the non native stakeholders ( aren’t all of us Canadians Stake Holders?) and the actions displayed by them to show very strongly that we (all of the stakeholders ) will not tolerate the lawless terrorist acts being displayed by the native side.

    Anything less than this continues to be a complete mockery of our Justice system and an insult to the Citizens of Canada.

    The rot at the top of the heap by politicians bent on distorting the truth,lying and subverting justice to coverup the true terrorist nature of the Native Land Claims issue must stop and law and justice restored equally for all of us.

    Wake up Harper and Bring in the RCMP

    Jim Anderson /Fellow Interloper

  5. Mark said:
    “Does that amount to perjury?”

    If you have evidence to prove intent to deceive the court, yes it’s perjury…but did he state he had “investigated” the incidents and Gary and You to come up with his conclusions? If he swore “yes” under oath he perjured himself…because he knowing mislead the court there…there is no way anyone who reviewed the available evidence can come to the conclusions he did unless :

    A) They did not investigate fully ( which would be Perjury or at least obstruction)

    B) They gave their answers/opinions from a dialogue given them and that prescripted dialogue knowingly/obviously runs contrary to the evidence ( which is fabricating evidence)

    In any event, if any of the criminal code is still prosecutable in Onterrible courts, you can have this guy dead to rights under any one of 5 criminal code charges related to Misleading Justice and public mischief.

    Question is, do you want him or can you use this to squeeze him hard enough to give up the goombahs who put him up to committing these evidence offences.

    I eagerly await round 2 with this poor loser who was picked as a sacrificial lamb…I hope he realizes the boss he is butt-snorkeling by doing this “favor” will leave his pelt to swing in the breeze at the first whiff of his inability to stop liability creeping up the command chain….there is no loyalty among conspirators….and I’m inclined to believe conspiracy is what we are looking at in this official plan to frame up Gary and his supporters.

    My copy of the criminal code defines Criminal conspiracy thusly:


    b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that he did not commit that offence, is guilty of an indictable offence and liable”

    What do you think Mark?

    VoC REPLY: If an officer who;

    a. repeats lies, and one-sided misrepresentations and mischaracterizations given to him by others that he has obviously accepted at face value, and

    b. deliberately attempts to downplay evidence that natives committed assaults on police officer on Dec 1st, and

    c. attempts to justify the serious infringement on the rights of man charged with a relatively minor crime on the basis that the land claim negotiation “stakeholders” have complained, and natives have threatened to “escalate,”

    is guilty of perjury, then perjury was committed on Friday, Nov 14/07 in a Cayuga courtroom.

    Thanks, Mark

  6. Mary-Lou LaPratte

    Dear Mark ,
    I just wanted to thank Jim and Bill for the astute comments they have made. If only more people had been willing to write or speak out publicly at Ipperwash, Caledonia may have not been in the same mess, and perhaps the Inquiry would not have so callously excluded the innocent victims in its assessments of how to avoid violence in future land disputes. The OPP and the McGuinty government are on a path of self destruction. None of them will give in until Ontario is screaming so loudly for justice they cannot hear themselves think. In unfortunate circumstances though, Gary is managing to expose some of the rot at the top. Hopefully the Judge isn’t in the government’s pocket and can be as honest and upfront as Justice David Marshall. We shall see on the 31st of December in whose court the ball falls.