UPDATED 1907 EST Dec 04/07
1. Correction: VoC reported that the charges against Doug Fleming (Mischief) arising from the events of Dec 01/07 had been dropped. In fact, the Crown did withdraw the original charge due to a technical error, but replaced it with a new one. VoC regrets the error. Doug is scheduled to appear in court on Jan 23/08.
2. In mid-December, VoC was accused of defaming Six Nations nurse Timothy Sywyk with a false allegation that he had sexually abused a patient. On Dec 28/07 VoC obtained evidence directly from the College of Nurses to support the allegations. See CNO confirms Six Nations RN disciplined for past patient abuse.
3. On Dec 24/07 Gary McHale took the stand in a Cayuga courthouse in an effort to have the restrictive bail conditions against him lifted. MPP Toby Barrett, Haldimand Mayor Marie Trainer, and Caledonia resident Dave Hartless appeared under subpoena to confirm that McHale was not violent and provided a valuable service to the community. OPP Inspector Dave McLean ignored his subpoena. Sources say he refused to attend on the grounds that it was not personally served on him.
More likely, he heard how McHale ripped Detective Murray apart on Dec 14/07 and decided he’d rather go Christmas shopping.
VoC was out of town and could not attend the hearing. After the hearing I received a call from McHale telling me that the restrictions on communicating with Jeff Parkinson and me had been lifted, but the judge was going to rule on the other key condition that keeps him from going to Caledonia on the following Thursday – New Year’s Eve.
4. On Dec 31/07, the justice of the peace ruled that McHale could be kept out of Caledonia, but he left the door open to changing that status by advising that nothing would stop wife Christine from looking for a home there.
The JP also pointedly expressed his concern over McHale’s allegation that Detective Murray lied to him when he told him that if McHale didn’t agree to the onerous conditions that he would have to spend 3 days in jail before seeing a judge. According to the JP, the law requires that an accused in custody be brought before a judge within 24 hours.
McHale advises that he was videotaped at length by the OPP as Murray repeatedly misled him, and that he will be subpoenaing the video for use in his next bail hearing.
The JP’s ruling will be appealed to a higher court where hearsay evidence is not allowed. Inspector McLean will be subpoenaed once again to join Detective Murray, and possibly, Julian Fantino, for a cross-examination by Gary McHale.
McHale is next scheduled to appear in court on Jan 23/08 to enter a plea to the charge against him.
5. The woman who incited the violence against Gary McHale on Dec 01/07 by falsely yelling that he had pushed her has finally been charged with ‘public mischief’ for filing a false report. Her name is Camille Powless, 41, of Six Nations. She has not yet been charged for assaulting McHale who plans to file his own charge if the OPP does not lay it.
6. Another Six Nations man has been charged with assaulting McHale in addition to Clyde Powless. Steve Powless, 42, of Oshweken, is alleged to be the man who attacked McHale from behind after Camille Powless falsely accused McHale of pushing her.
7. Ron Gibson, 42, of Oshweken, is charged with mischief. We do not know why. We do not know if he was the native who initially blocked the highway after I was attacked.
8. The OPP have still not charged Turtle Island News publisher Lynda Powless for her attack on McHale. If they do not do so, McHale plans to file his own charge. According to the Turtle Island News, Powless was attacked by McHale!
9. We have reliable information that more charges against natives for the violence on Dec 1st may be forthcoming by the OPP. We also intend to lay our own charges as we continue to call for the RCMP to take over the investigation due to Fantino’s interference.
10. In my last article regarding Timothy Sywyk, I talked about how he attempts to provoke non-natives into making comments or threats against him. Unfortunately, one Caledonia resident – Ruth-Anne Chapman – while coming to the aid of Christine McHale after the multiple, vicious assaults on her husband, allegedly pushed Sywyk away as he was filming, and was subsequently charged after he complained to police.
11. When Detective Murray was questioned under oath by Gary McHale on Dec 14/07 about whether natives had assaulted police, he said that no officers present on Dec 1st had complained of being assaulted. McHale eventually extracted an admission that he had seen “several incidents that concerned him.”
In fact, eyewitnesses report that there were multiple assaults on police that day by natives, but we are not aware of a single charge of assault laid by an officer.
12. A legal challenge to native claim to some property in Caledonia has been mounted. Sources tell me that when the server attempted to deliver legal documents to a Six Nations representative he was threatened with bodily harm.
13. Just before Christmas, a legal action was served personally on an OPP officer for his role in laying unfounded charges against a Caledonia resident that were withdrawn by the Crown prior to trial.
To the best of my knowledge this is the first time that an OPP officer serving in Caledonia has faced the personal accountability made possible by a recent Supreme Court decision that holds police officers personally liable for negligently performing their duties.
I suspect there will be many more to come.
14. In the coming weeks we will be reviewing video and photos from the Dec 1/07 attacks on us by natives to identify OPP officers who could potentially be subjects of lawsuits, and complaints to the Ontario Civilian Commission on Police Services and the Ontario Human Rights Commission.
15. The Caledonia Class Action lawsuit got a big boost recently when the judge refused to allow the Province of Ontario to be excluded from the suit. You can read the ruling at this link (as an interesting note, the judge actually refers to the Brown/Chatwell suit). The next step is certification. Once that happens…well, let’s say it’ll be a great day for justice in Ontario. Way to go, John Findlay!
VoC’s New Year’s Predictions for 2008
2008 should prove to be a very, very good year. Here are my predictions:
1. Gary McHale moves to Caledonia with financial help from residents.
2. OPP Inspector McLean appears in court to be examined under oath by McHale, and he has a very bad day.
3. Detective Murray has multiple complaints filed against him for telling McHale at the time of his arrest that he’d have to spend 3 days in jail before seeing a judge, and for his testimony under oath on Dec 14th. An investigation by OPP Professional Standards Division can’t find any wrongdoing.
4. Detective Murray gets reprimanded for letting the cat out of the bag on Dec 14th that the OPP were seeking to keep McHale out of Caledonia due to political interference by landclaim negotiation “stakeholders.”
5. A large number of OPP officers present on Dec 01/07 receive legal papers that help them understand, first hand, the ramifications of the above-mentioned Supreme Court decision that makes them personally liable for negligence in performing their duties. The same officers are the subjects of Police Services Act complaints, but OPP Professional Standards Division can’t find any evidence of wrongdoing.
6. More complaints about Fantino are filed with the Minister of Community Safety and Correctional Services. The new Solicitor General does the same thing with them as the previous SG did – he throws them in the garbage without investigating them.
7. Fantino makes every effort to fight McHale’s attempt to subpoena him to testify in court, but he is unsuccessful. Residents line up for seats to watch McHale take him apart on the stand.
8. The Caledonia Class Action lawsuit gets certified. John Findlay is recognized for the Caledonia hero he truly is.
9. Fantino resigns his position as commissioner of the OPP “to spend more time with his family.” In the months following the appointment of the new commissioner, a large number of senior officers decide to spend more time with their families, too. Fantino is heard babbling to a plant saying something that sounds like, “McHale. McHale. McHale.”
10. An Ontario mainstream media outlet actually reads The Ipperwash Papers and becomes the first to reveal the link we exposed in March 2007 between the Ipperwash Inquiry cover-up and Caledonia’s agony. They are immediately accused of being racists, but they stand up to defend truth and justice anyway. The same outlet then writes an article about how native people are also being victimized by Two Tier Justice. (I know I’m really going out on a limb on these predictions, but I’m an optimist, so I’ll take the risk.)
11. The Premier of Ontario sits in on a grade 9 civics class during a photo op and inadvertently learns about the importance of the ‘rule of law’ in preventing democracies from descending into anarchy. He then calls an inquiry into landclaim lawlessness, OPP corruption, and the Ipperwash Inquiry in an effort to find someone to blame for not telling him that police officers in Caledonia weren’t enforcing the law OR keeping the peace.
Those are my predictions, and I’m sticking to them. 😉
Mark Vandermaas, Editor
Co-founder, Canadian Advocates for Charter Equality
CANACE incident summary, Dec 13/07: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence
Ontario Superior Court of Justice, Dec 21/07: Caledonia Class Action judgement re refusal to allow Province of Ontario to be excluded from suit
VoiceofCanada flyer: Michael Bryant: Ontario deserves fair inquiry into violence against residents