VoC’s predictions for 2008

UPDATED 1907 EST Dec 04/07

t-shirt_free-caledonia-now_sep22-07.jpgBefore we get to VoC’s predictions for the new year, let’s catch up on some notable developments that occurred during the Christmas holidays:

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
VoiceofCanada
Co-founder, Canadian Advocates for Charter Equality
www.canace.ca  

References

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6 responses to “VoC’s predictions for 2008

  1. Murray Hilton

    Good luck with the ‘Outing of the Truth in 2008’.

    After reading all of the above, my mind was somewhat overtaxing itself wondering why all the false charges are being laid by just a few of the native persons involved in the terrible debacle on Dec. 01/07. All of a sudden I noticed, and it was there all the time. Look at the names of the most serious trouble makers and they were not only the attackers, they were also the ones laying false charges and spouting serious lies against the innocent, like charging Gary with falsely assulting one of them. Have you noticed, Camille Powless, Clyde Powless, Lynda Powless and Steve Powless, they’re all related.

    We know what happens when there’s too much inbreeding, the serious mental and physical faults that can be caused are apparent as is visible throughout history. My assumption is that this might well be the cause of these individuals spouting lies and showing violent tendancies, too much inbreeding does cause mental illness. There’s far too many people called Powless for this to just be a coincidence.

    VoC REPLY: Hi Murray. The coincidence of the last names isn’t lost on us either, but I wouldn’t want to go so far as to say it’s due to inbreeding. For example, it could be (as I’ve been told) that Lynda Powless is Clyde’s ex-wife. Regards, Mark

  2. I really hope you’re right on “ALL” of these Mark but I would even settle for half!

    VoC REPLY: Some of them definitely lean a little towards the ‘wishful thinking’ side, but all of them have an element of truth and possibility to them. Gary and I both believe that things are closing in on the OPP. The signs are there: The Supreme Court decision. The class action lawsuit. Lawsuits pending. Lawsuits to be filed. Police complaint reports used in court. Police complaints to be filed. Cops on the witness stand for the first time being grilled about Two Tier Justice. McLean refusing to attend court. Murray’s testimony re interference by “stakeholders.” Barrett, Trainer and Hartless on the stand. Barrett writing a column asking who’s in charge of the OPP. Plus, a bunch of stuff behind the scenes I can’t talk about.

    It may be hard to believe, but McGuinty is going to have to deal with this issue, sooner or later. Too many people are now making too much noise. Native thugs are getting too violent and telling too many lies while we expose them for all to see in living colour. My information is that some OPP frontline officers have seriously had enough of their BS, and Fantino’s, too.

    Like you, Larry, I would settle for half of my ‘predictions’ coming true. Thanks for the support – as usual! As long as we keep doing what we’re doing, and telling the truth, every one of these predictions will come true to some degree some day. Ontario will one day be a province where all citizens are truly equal before the law. Nothing and no one can stop that from happening. Regards,Mark

  3. Hi Mark:

    I commend you for your wisdom and insight into the future and I too hope most of your predictions become true.

    The one thing I think you missed was the realization that the media and the population at large will finally see the light and realize that they have been duped by the politicians and our beloved OPP police force to the highest level.

    I predict that finally in 2008 all will come to realize (that in spite of all of the lawless acts comitted on December 1st, 2007 by the evedently lawless natives ) the real tragedy and most serious acts of lawlessness comitted that day were committed by our police force the OPP.

    Deriliction of duty cannot be taken lightly and the failure of the attending police to enforce the law cannot be overlooked.

    In spite of all the evidence of lawless acts comitted against us and against the police on December 1st. the police failed to enforce the law and arrest natives that openly punched and pushed the OPP officers on the front line as well as the attacks by them against us for which no immediate action by the attending officers was taken.

    Had they done their jobs and arrested those that were comitting violent acts against us and the police on the spot the altercations and attacks against Gary McHale would nor could never have happened.

    In spite of the official statements from the police that their officers did a commendable job on Dec 1st other police from the OPP have stated openly off the record that December 1st was a shit fest and was handled very poorly by the attending police force.

    Having attended the december 1st protest and being openly attacked and assaulted numerous times in full view of the attending police I would have to agree with the “Shit Fest” assessment since no real policing nor law enforcement at the time was evident against the agressive and sometimes violent natives who openly attacked us.

    I understand that the investigation is on going and further charges will be laid but I question the long delay and the true motives of the OPP to press charges now when only 12 months ago police refused to lay similar charges against native assaults, trespass and property damage against me when these acts were being comitted right in front of them and televized on national television for the world to see.

    The police were witness to the crimes and still have done nothing 12 months later to arrest the criminals who comitted the criminal acts.

    In light of all I have witnessed and all the lies I have seen exposed I would feel far better about pressing charges against the OPP officers of December 1st for non enforcement of the law, failure to protect, aiding, abeting and facilitating native violence against peaceful protesters through their direct actions as police officers by bocking road access along Argyle Street to the protest site and allowing only natives through the police blockade thus enabling the Native attacks against us and leaving us virtually undefended. I also would like to see charges against the attending officers for not enforcing the laws and their non actions against violent natives who openly attacked Mark VanderMaas, other protesters and the police themselves while the police looked on without removing the violent perpetrators to prevent a breach of the peace and the subsequent attacks against us that day.

    I also predict that the OPP will have to answer as to why no Natives seen on the numerous video evidence tapes from December 1st. were charged by the attending police for their acts of violence and assault against the police.

    I also predict Sergant Murray will have a very bad day trying to explain away his statement under Oath that no charges of assault against police were laid against natives because no officers present had filed any complaints.

    My understanding is that if the police witness a crime being comitted they execute an arrest and then gather all necessary evidence for the conviction of the criminals. This policy of assaulted officers having to make a complaint when their superiors and police investigators have video evidence clearly showing natives shoving, punching and attacks against attending officers taking place just does not make sense.

    It seems that in the eyes of Fantino and his OPP officers they can choose to ignore crimes being comitted by violent natives and selectively choose who they should or should not charge based solely on race or skin colour. Their fixation on charging peaceful protesters and framing them with bogus charges to subjugate justice and appease violent native criminals will be the achiles heel that will finally bring down the OPP Brass and force accountability upon the Liberal Government led by McGuinty.

    I predict that this travesty of the justice system will be called to accountability and McGuinty, Fantino and a lot of front line officers will be held accountable before the courts in civil actions.

    I understand that this process has already been started and more court actions are to follow.

    My final prediction is that as we tighten the noose around the lies, deceit and conspiracy of the OPP and our Ontario Liberal Government against law abiding non native victims of crime in Caledonia and Ontario who have comitted no crimes of any kind a lot of their officers will choose between lying and the truth and finally expose the true extent of the rot that has been allowed to set in in our police force and Liberal Government to enable and foster Native violence in illegal and frivilous land claims.

    I too predict a change in the tides of justice and final accountability against all those Police managers and government officials that have chosen to deceive and lie to us all.

    VoC REPLY: ‘Shit-fest,’ huh? I think that sums up Dec 1st quite nicely. I, too, wondered why it was that not a single officer laid an assault charge against the natives who attacked them. Was that by official policy – tacit or specific? The fact that McHale had to practically do a root canal on Murray to get him to admit that there were incidents that gave him ‘concern’ tells me they were following some kind of policy. This policy would certainly seem to be in keeping with the incident early last year in which you and Chris were assaulted by a native who trespassed on your property and threw your flag on the ground while police watched and did nothing.

    We have obtained a list of questions that were allegedly submitted to OPP brass by the OPPA on Aug 28/06. Here’s just one of them: “4. Prior to, or following any arrest or contact with individuals in Caledonia, why is the Command Post asking our members if the person in question is white or non-white? When the person is nonwhite or First Nations, they are being told to “stand down” or “release”.” You can read the rest on page 9 of ‘The Human Costs of Illegal Occupations.”

    Yes, I think 2008 will be a very good year for justice in Ontario.

    Your fellow Interloper, Mark

    Jim Anderson /Interloper

  4. Just a note of caution. I would be a bit more cautiously optimistic about what McHale may accomplish with OPP Inspector Dave McLean and possible Fantino in court. Detective Murray and the OPP lawyers obviously had no idea what was coming in court and were caught off guard (which does not however make it any less of a stunning victory).

    McLean and Fantino and their lawyers will be ready (why do you think McLean didn’t show up to court – because the OPP lawyers got him an out – and time to research and collaborate their future strategy).

    My experience with senior government officials in court is that it is VERY difficult to get anything of substance out of them.

    Before they appear in court their lawyers will try every legal trick they can think of to force the court to limit the scope of their testimony. McHale will have to deal motions and legal wrangling, and confidentiality requirements – all designed to eliminate the possibility of the witness having to say anything of substance in court.

    Once (if) you get them to court, I would think that McLean/Fantino know enough to filter what they are saying and how to answer or not answer questions.

    And during questioning their lawyers will constantly challenge the questions and scope of answer required – which both relieves the witness of having to say anything of substance and throws the questioner off their game.

    As good as McHale may be in court – he is not a lawyer and so will be out-lawyered both during pre-court motions and in court.

    My experience has also been that court officers tend to give much more weight to a lawyers argument over an non-lawyer – regardless of the reality of the issue.

    However, McHale does have some advantages.

    1. He knows the history, issues and reality in Caledonia better than anyone – including McLean and Fantino.

    2. As he is not a lawyer – he doesn’t have to play by the professional conduct rules lawyers are bound by. He may have opportunities to ask questions about issues the witness doesn’t know about. He may be able to keep some of his questioning secret beforehand. He may be able to surprise the witness with new issues they don’t know about and/or didn’t expect. The court should give him some leeway to explore side issues and ask questions that may not seem relevant. Lawyers absolutely hate having to deal with a non-lawyer who is articulate and well prepared because they never know what to expect – or how forgiving the court may be to a layperson.

    3. Fantino is ripe for a “You want answers?” “I want the truth.” “You can’t handle the truth!” moment. “Chief Fantino did you order your officers to stand down when confronted by natives?” “You’re damn right I did!” (Now thats optimistic).

    Anyway – I wish him the best of luck and I hope your prediction rings true.

    VoC REPLY: Some well thought out arguments, Simon. Thanks. The JP’s ruling definitely seemed – to me and to others – to be penalizing Gary for not having a lawyer. That may be rectified in the future. You’re also right about it being really tough to deal with someone who doesn’t know ‘the rules.’

    Fantino and Mclean’s biggest problem is that they have NO EVIDENCE against us while we have lots of evidence against them. We realized just how desperate they were when Murray took the stand and couldn’t come up with a single shred of evidence to back up his statements. After I was allowed to talk with Gary again, we both commented on the fact that Murray’s ‘testimony’ proved the OPP have absolutely NOTHING against us. Of course, that’s because we haven’t done anything wrong. That might have something to do with it.

    One of Fantino’s weaknesses is that he can be goaded into making stupid statements and doing stupid things. We don’t need him to do it on the stand; he’s already done it in the media and with his threatening email to Haldimand Council. So far, he’s managed to escape scrutiny for them by media and his political masters. I suspect he won’t be able to do it in court. I do like the ‘You can’t handle the truth!’ visuals, though!

    Thanks for the comment. Mark

  5. WL Mackenzie Redux

    Good luck with those wishes for a OPP internal investigation with any integrity…or any hope of awakening civil ethics in OPP-bots….or finding a corporate media outlet with any gonads.

    But it’s nice to dream eh Mark 😉

    Best of luck in 2008 to all the besieged citizens of Caledonia.

    My Prediction: This is the year the feds get involved and the gate keepers of 2 teir justice and race politics will be outed along with the lead Jacobites behind the closed door land claim bunko game…it will be a bad year for fraudulent agendas and malfeasant officials.

    VoC REPLY: Yeah, it’s nice to dream. 😉 Mark

  6. caledoniawakeupcall

    I would like to add one of my own to this superb list Mark.

    Jeff Parkinson of Caledonia Wakeup Call and CANACE makes a full recovery from a head injury, and the truth of what happened to him on December 1st is revealed despite the best efforts of certain parties to cover it up.

    VoC REPLY: I forgot that one. Thanks! Mark P.S. I talked to a witness who can identify the native man yelling to kick you in the head and finish you off while you were laying unconscious on the ground. The OPP asked him to come in and make a statement.