McHale wins judicial review hearing in Cayuga court!


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
Dec 05/06

See: OPP email: Hartless complaint was OPP revenge for McHale Association!

(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
July 04/08

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

5 responses to “McHale wins judicial review hearing in Cayuga court!

  1. Jim Anderson


    You’ve said it all and so to the point.

    I wish I could be in the court room to witness Justice, Law and our constitution finally starting to be upheld.

    Thank the team for me for all they are doing.

    I met with the chief of a tribe here in Saskatchewan and introduced myself to him and the large group with him as one of the Caledonia Protesters. We had a good conversation and I felt accepted and welcomed by his community.

    We talked about Caledonia and he and his Group were not at all supportive of the Mohawk trouble makers ruining the Native Community in Caledonia.

    We did a lot of teasing about our races and he even has a non native son in law and half breed grand children.

    We talked for a long time joked alot and parted friends.

    I have a lot to tell you when I see you again in the fall.

    Give Gary and Christine my best. Take care

    Jim Anderson

    VoC REPLY: Nice to hear you’re able to keep in touch with us. CANACE is making progress, thanks mainly to Gary’s determination in the courtroom. I wish I could share everything on line. We’re looking forward to having you back, Jim, but your present project is so very important, too!

    Jim is providing tech support for 4 wheelchair athletes travelling across Canada to raise money for groundbreaking research by McMaster University that has already been able to regenerate spinal cords in mice. Be sure to see VoC’s feature page, Wheel-to-Walk Marathon. Thanks for taking time to write, Jim. I know how busy you are. Regards, Mark

  2. WL Mackenzie Redux

    Better keep that judge Marshall guy away for the SN shakedown rackets and the McGuinty race politics, he fights too fair!! 😉

    Thanks to all the CANACE crew for demonstrating to Canadians what patriotic principled citizenship is all about. You guys are an inspiration to me. It shows there is still hope for a corruption free Canada with equitable civil rights and civil accountability. If guys like Gary and our soldiers are willing to sacrifice it all for a higher principle, we all should.

    I hope there are plans to keep that art print in production after the limited run.

    VoC REPLY: Thanks so much for the kind words. I called Gary to read them to him before posting them, and I’ll post them on the CANACE site as well. Very much appreciated, WL. As for the print, there will still be lower-quality prints available in the same size from the artist without the CANACE signatures – so long as she makes them available; the CANACE version is supposed to be a ‘Fine Art’ edition and will not be reproduced after the 250 are done. Regards, Mark

  3. WL Mackenzie Redux

    My pleasure Mark, praise where praise is due.

    When all this crap is over (and I’ve no doubt now that truth, right and motivated principled lawful persistence in the face of official corruption will always win) I hope that you guys do Canada’s next generation a final favor by documenting this fight against a corrupt government and preserve it for posterity on a DVD which I hope is shown in every elementary school in the nation.

    If the governments are too corrupt to allow principled civic vigilance learning in school, at least parents can play it for their children in the home.

    VoC REPLY: If you think THIS story is good, wait till you read about what happened in Cayuga court today! Stay tuned. Regards, Mark

  4. Dear Mark,
    I just read on the Canace site the certification of the charges against Ruby and Floyd Montour.

    I am overwhelmed by this victory and so thankful that people like you, Gary, and Jeff have come so far with no money and no legal expertise. I hope the OPP hang their heads in shame, and now the Brantford police for also having everything at their disposal to do their jobs and not doing a damn thing.

    It is gratifying to know that any individual with a true cause can make a difference without violence, but by using the law as it should be used. We owe all of you a debt of gratitude for even trying to go the distance with virtually nothing but the will to right an indescribably detrimental wrong being allowed to escalate by the very people entrusted to protect us. McGuinty may be intent on turning Ontario into a lawless land in lawless hands, but now we know for sure with the sacrifices of you people and your small support team there are those who will do whatever is necessary at great personal hardship for the benefit of those who have floundered and delayed taking a stand.

    There can now be no excuses for those who do not stand up for the rights of others. You men have shown the way. Those who are compromised in any way by native lawlessness and violence need to press their own charges if the OPP or any other police force refuses. The hope is that the courts will continue to endeavour to hold up the law equal to all.

    Thank You. You are all awesome.

    VoC reply: You’re pretty awesome yourself ML. I’ve reprinted your comment in ‘July 08/08 – the day ordinary citizens took back Ontario,’ and in ‘CANACE ‘extortion charges certified by Ontario Court of Justice.’ Thanks for the kind words. Regards, Mark

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