UPDATED 2008 EST July 04/08
BULLETIN 1631 July 04/08:
“I am offended by the actions of Inspector McLean.”
Judge Marshall, July 04/08
McHale judicial review
Ontario Superior Court, Cayuga, ON
In my previous post, McHale gives Crown bad headache, I explained that Gary McHale’s pre-trial court session regarding the charge against him that took place in Hamilton on July 02/08 did not go very well for the Crown.
I am pleased to advise that Gary McHale won another victory today during a judicial review in a Cayuga courtroom when Judge Marshall (yes, THAT Marshall) agreed with McHale that Justice McDonald erred during McHale’s Bail Variation hearing in Dec 07 once OPP Inspector McLean refused to appear.
Judge Marshall told the Crown he was “offended” that OPP Inspector Dave McLean refused to appear in court after being served with McHale’s subpoena. This means that when McHale next challenges his bail restrictions in the coming weeks McLean will be receiving another subpoena which he had better respect since one of the options available is to issue an arrest warrant for failing to appear. I’m fairly certain the good Inspector does not want to give McHale the satisfaction of asking the Court for such a warrant.
Now, I can understand Inspector McLean’s reluctance to answer McHale’s questions under oath. After all, if I had sent Gary McHale an email thanking him for holding such a peaceful protest on Oct 15/06 and then later lied to my superiors saying that McHale had broken the law and breached the peace, I wouldn’t be anxious to appear either.
“In addition Hartless’ association to Gary McHale once again in my opinion is a breach of the code of conduct by virtue of McHale’s position against the past and present commissioner and his inability to follow rules of law, create breaches of the peace and sponsor the Rally for Freedom [sic] this past October. Now one again he is attempting to rally the troublemakers in Caledonia against us to prove his agenda.”
Inspector D. G. McLean
Haldimand/Caledonia Detachment Commander
(Keep in mind that this email was written before McHale and I were arrested on Dec 16/06 while trying to raise a Canadian flag. No laws broken. No breaches of the peace committed or even alleged against us.)
I can’t wait to see McHale take McLean apart on the stand. And the truth…shall set you free.
CANACE has issued a statement outlining the details of today’s decision by Judge Marshall:
CANACE scores a victory in Court
Gary McHale fights for all Ontarians against incredible odds
During the past two years, Gary McHale – with help from Canadians inside and outside Caledonia – has stood strong against the combined might of the Ontario government; the Ontario Provincial Police; Haldimand Council; cruel and/or politically-correct media; and – of course -native thugs in order to defend cherished Canadian values that hold: A. the rule of law is the foundation of democracy, and B. that all citizens should be equal before the law irrespective of their race, religion or grievance.
- He has been threatened with death, kidnapping and torture.
- He was viciously attacked by native thugs who sent him to hospital.
- He has had false witness borne against him by native attackers.
- He has been slandered with false accusations of being a racist.
- He was personally targetted for arrest by OPP Commissioner Fantino even though he had committed no crime.
- He was arrested for trying to raise a Canadian flag.
- He has been personally slandered by Fantino in the media who have printed his lies without question.
- He was – shamefully – ridiculed by the Brantford Expositor for injuries suffered at the hands of smokeshack thugs on Dec 01/07.
- He lost his home and the equity in it due to loss of income caused by the incredible amount of time he devotes to the struggle against race-based policing.
- He has barely enough money to buy food at times let alone pay for legal help.
Yet…despite having every excuse to just give up and give in, McHale has fought the most powerful institutions in Ontario to a standstill. Despite having no money, no law degree, no access to legal advice other than the Internet, nothing but a determination to resist those who would take our rights from us, McHale has gone into the court system to fight race-based policing on behalf of all Canadians. And, he is winning!
Why we risk our financial security
I was recently asked by a Caledonia resident why we ‘outsiders’ would risk our financial security for people we don’t know. He made it clear that he would definitely not be prepared to pay the economic price CANACE founders have already paid. Here’s what I told him:
I went to the Middle East with the Canadian Forces on a UN mission to preserve peace between Egypt and Israel; how could I refuse to go to Caledonia to defend justice for children on the 6th Line who live without policing? How can I dishonour my military brothers and sisters by putting a big screen TV ahead of the rule of law and fundamental justice here in Ontario while they face suicide and roadside bombs half a world away?
85 Canadian soldiers have come home from Afghanistan in boxes; thousands of Canadians are buried overseas – all killed while trying to defend people they didn’t know. Many more have been maimed or scarred. The price we have paid to restore justice in Ontario is nothing by comparison.
I live in London, equidistant between two communities ripped apart by landclaim lawlessness – Ipperwash, 1.5 hrs to the west, and Caledonia, 1.5 hours to the east. I am not an outsider; I am, in fact, very much an ‘insider.’ All Ontarians, all Canadians are ‘insiders’ when it comes to fundamental human rights and preserving the rule of law.
My parents lived in Holland during WWII and saw Jews taken away. My father escaped from a German work camp. He later fought with the Dutch Army in Indonesia. I grew up learning about the Holocaust, coming to understand that enforcing laws based on race is inherently evil and dangerous. It was not the stormtroopers that made the death camps possible – it was the dutiful acquiesence to the hateful Nuremberg race laws by bureaucrats, police officers and judges who were ‘just following orders’ that made it possible to eventually murder millions of human beings. And, let’s not forget that it was Canadian, British, Russian and American troops – outsiders all – who liberated the death camps.
I don’t want to lose my house any more than the next person, but what scares me more is standing idly by as my country loses its soul to criminals and appeasers, and knowing I didn’t do everything in my power to stop it. It is not my right to go to Caledonia, it is my duty, and the duty of every Canadian who understands the awful consequences to a country of losing the rule of law and the belief that all human beings are equal.
Gary McHale has risked his life, his reputation, his financial well-being and his freedom in the greatest of Canadian traditions for people he did not know, simply because it was the right thing to do. His steadfast determination in the face of obstacles that would overwhelm most people has inspired others to stand beside him and take extreme risks of their own for this most worthy of causes. I suppose that’s the reason Caledonia artist Barb Patterson-Tuck included him – and two other CANACE founders – in her masterpiece, ‘Caught in the Middle.’ (The image above shows a special ‘Fine Art’ edition available only through CANACE.)
Many thanks to Ms. Patterson-Tuck for recognizing the obvious.
P.S. If you would like to support Gary McHale and the work of CANACE, please click here. You can join CANACE for free and, if you can afford it, your financial assistance is very much appreciated.
Mark Vandermaas, Editor
Director of Research,
Canadian Advocates for Charter Equality