McHale gives Crown bad headache


UPDATED 1216 July 03/08

1. Gary McHale was at one of his many court appearances over the past few months. This one was a pre-trial session for the charge against him – Counselling Mischief. Now, I can’t repeat what went on during the day, but I can say that it was most definitely NOT a good day for the Crown for many reasons.

One of those reasons concerns the filing of three Charter motions by McHale alleging that the OPP has violated Section 7 (Principles of Fundamental Justice); Section 15(1) (Discrimination Based on Race); Section 2 (Fundamental Freedoms).

R v. Gary William McHale
Notification of Charter Challenge, July 02/08

Fantino won’t be pleased to hear about how the Crown’s case against McHale is going. Does the phrase, ‘Abuse of Process’ mean anything to you, Julian? Tee hee.

2. To our supporters who wonder why news is not more forthcoming, or whether anything is happening, or you’re wondering why websites aren’t updated, let me say that there are legal prohibitions against talking about the tremendously important legal work that is going on in and outside the court, and all the work required to prepare for it is very time consuming. 

You should know that Gary, especially, is giving the Crown nightmares and I do not say that lightly. Jeff Parkinson is also taking action against OPP officers.

We are receiving tremendous – and much appreciated – support from Bill Jackson and the Regional News – both of which should receive awards for their outstanding journalism when this thing is over. Bill’s column’s have had a direct impact on certain legal aspects to our efforts against illegal occupations.

None of us close to the action have any doubt whatsoever that when the OPP decided to use bogus charges to seek travel restrictions against McHale to prevent him from going to Caledonia they opened a Pandora’s Box of trouble for themselves. One of the main benefits has been the disclosure of information that shows just how badly justice was perverted in connection with the Dec 01/07 smoke shack confrontation in Caledonia. We have already used this information in a complaint against 3 OPP officers that is pending. If the government refuses to act on it, we will file private prosecutions. Unfortunately, we cannot release the complaint because it obtains evidence (Oh, and what evidence!) obtained under disclosure.

3. We’ll be releasing video tape soon showing an OPP sergeant in Cayuga claiming that they’re following the Crown’s instructions in not enforcing the law against natives involved in illegal occupations. This is our first evidence that the Attorney General’s office is directly involved in subverting justice based on race.

Please do stay tuned. Race based policing is on life support, and they know it.

Mark Vandermaas, Editor

6 responses to “McHale gives Crown bad headache

  1. Jim Anderson

    Hi Mark sounds like you guys arew making hay in Cayuga so to speek.

    I knew from my experiences on the protest lines that sooner or later the OPP’s and McGuinty’s house of cards would soon come tumbling down.

    Go get em for me and I’ll be back in September.

    Congratulations to Gary and Jeff for doing what is right.

    Take care

    Jim Andersdon

  2. good article guys are doing the rhight thing for both sides.we need to get rid of the two government system in canada.history has obviously proven that with all the clashes between the native and canadian governments.we need one government for one people for one nation.enough is enough.keep fighting the good fight!!!!!!!!!!!!!!
    perhaps a referendum vote would be the answer!

  3. Dan Scherer

    You should be proud by making Dr King’s dream a reality in Ontario.

    VoC reply – UPDATED 1406 July 04/08: Hi Dan. Before I thank you for your kind remark, let me tell you that I have just got off the phone with Gary McHale and am pleased to advise that he has just won a huge victory today in a Cayuga courtroom when Judge Marshall ruled that Justice McDonald erred during a bail variation hearing for which OPP Inspector Dave McLean refused to appear. Judge Marshall told the Crown that he was “offended” that OPP McLean refused to appear in court after being served with McHale’s subpoena. This means that when McHale next challenge his bail restrictions Inspector McLean will not be permitted to simply ignore the court.

    Thanks so much for the sentiment comparing Dr. King’s work to ours. All we can do is be inspired by him and do our best to live up to his ideals of non-violent confrontation of injustice. I will be sure to pass on your comment to Gary. He deserves a lot of credit for standing up alone – without any benefit of legal counsel – against those who are subverting the rule of law in Ontario. Regards, Mark

  4. Andre Lafond

    When it’s wrong it’s wrong,and if we all stood by and did nothing about whatever this wrong is
    then we are no better then the ones commiting them.

  5. The Phantom

    Nice job Mark. Good to see that bad behavior by officials isn’t going to escape under the rug for a change.

    I have to say that as irritating as some of the actions from the “demonstrators” have been, they haven’t actually done anything that scary. A few thugs dressed up in camo, big deal. One more glorified street gang, whatever.

    For me it has been the actions of the OPP and the Ontario justice ministry that are frightening. A few thugs dress up in camo and rough up a couple of people, steal some stuff, burn down a couple things, and the cops zero in on… Gary McHale? Riot squad shows up to arrest… anybody except the thugs? Thugs illegally invade work sites for the explicit purpose of extortion, they rough up workers and steal their tools, steal their machinery, and the OPP officers… help them do it? On video? Then bust the guy with the video camera?

    That’s scary as hell.

    I think there should be some serious penalties for the guys who have been messing with the rule of law. That would be the officers and civilian managers issuing illegal orders to OPP constables, and those -few- constables who have enthusiastically followed illegal orders.

    This is Canada. For that to mean something these government clowns have to be not only stopped, but made an example of so other officials will understand there are some things they will not be allowed to do.

    As for the few Indians misbehaving, I could care less. If the OPP stops facing the wrong direction at these little extortion affairs the “protesters” will cease and desist pretty quick I’m sure. Thugs run away when their victims fight back.

    VoC REPLY: Thanks for writing, Phantom. I hate to quibble with you, especially since I agree with almost everything you’ve said, but the natives have done a lot of scary things that have terrorized innocent human beings and destroyed economic activity. I know the attack on Sam Gualtieri and Caledonia’s infrastructure aren’t recent events, but let’s not forget the attacks on non-native protesters and police on Dec 1/07, or that there are people like Dancer living without real police protection who have to take medication and go to counselling because of the trauma they experienced. Dave and Dana will probably never get over what’s happened to them. Ipperwash residents have also suffered PTSD. Their suffering has never been acknowledged.

    Still, I know what you’re saying: if we stand up to the bullies, they’ll run away. I agree wholeheartedly.

    I also agree there are some politicians and senior cops who should be wearing handcuffs when this is over.

    The fact that the government and OPP have targetted CANACE members, especially McHale, is a testament to our effectiveness. If we weren’t, they wouldn’t have anything to say about us. Their willingness to lie about us, however, is going to come back to bite them – big time. We haven’t done anything wrong and they know it.

    Thanks for the comment; some great points! Regards, Mark

  6. WL Mackenzie Redux

    Bravo Gary and Mark!

    I really do hope this legal action ends up laying a steaming, smelly scandalous turd right in McSkidmark’s lap. Hopefully some evidence will arise so the federal law courts can deal with his involvement in these abuses of process and unlawful race politics.

    Fantino is just the boss’s monkey boy. We need the source of this constitutional abomination indicted. Maybe big Juli will sing when he is getting squeezed by the fed prosecutors?

    VoC REPLY: If big Juli’s going to sing, he’d better do it soon because CANACE is on his ass…big time; and I’m NOT talking about the ongoing Human Rights case. Regards, Mark