Human Rights complaint forces Fantino to tell truth (PART 1)


REVISED Sept 18/08, 1615 EST

OPP makes Canadian flag illegal for non-natives

In 1993 the Supreme Court ruled in the case of Ramsden v. Peterborough that Canadian citizens have the right to place items on public utility poles in accordance with the Charter’s guarantee of Freedom of Expression.

On Dec 02/06 a Caledonia man by the name of Bo Chausse was arrested while trying to exercise his right to place a Canadian flag on a hydro pole across from the occupied Douglas Creek Estates.

On Dec 16/06, at a protest organized by Gary McHale in support of Mr. Chausse, both he and I were arrested to ‘prevent a breach of the peace’ while attempting to do the same thing. Actually, Gary was standing quietly on the side of the road with some OPP officers waiting for a senior officer to come and explain why putting up a Canadian flag was illegal. He had offered to cancel the rest of the protest if he received an explanation. Instead of ‘open and honest dialogue,’ Gary got to wear some handcuffs.

OPP hatch a plan

An OPP document shows that in response to a plan to stop Gary McHale’s protests that apparently was put in motion on Dec 03/06 by Commissioner Fantino, the OPP arrested Gary on Dec 16th; held him in jail overnight; tried to place travel restrictions on him and even suggested to a Crown Attorney that he lay an unwarranted ‘Mischief’ charge against him. All this even though they knew Gary had committed no crime. 

The OPP’s own internal investigation even admitted they didn’t even know if what they did was legal or not. Nothwithstanding the illegalities, OPP Professional Standards Bureau – naturally – couldn’t find fault with a single officer for their shameful role in the fiasco.

Fantino admits raising flags is legal, but he orders his officers to stop us anyway

On Jan 09/07 Commissioner Fantino was quoted by Katie Dawson of The Sachem as saying the following:

When it comes to raising flags, Fantino says it is legal to put up a flag on public property. “From what I was told the Supreme Court says it is legal.”

On Jan 14/07 Gary McHale talked to residents at a townhall meeting in Caledonia about Dr. King’s use of non-violent protests against injustice, and asked people to volunteer to be arrested while attempting to raise flags in an upcoming protest.

On Jan 20/07 the OPP called out the London Police riot squad to help the OPP ensure that non-natives could not put up flags. Fantino was in Caledonia that day personally taking charge. He met with the native thugs and their supporters on DCE, but he wouldn’t meet with non-native protesters to explain why the Canadian flag was illegal.

Gary and Mark complain to Ontario Human Rights Commission

On July 18/07 I submitted a complaint to the OHRC alleging that Fantino and other officers violated my right to put up a flag and arrested me because of my race; that they knew I had committed no crime; that that they did so because it was easier than protecting my rights from native protesters; and that their actions were in accordance with systemic, race-based policing policies. Gary submitted a similar complaint.

The OHRC wrote back advising me that they had invited Commissioner Fantino and the two officers to a mediation session, asking if I would attend, and also requesting supporting evidence for my complaint. I agreed to the mediation and provided the evidence on April 04/08, but didn’t hear back as to whether or not Fantino would attend until August when the OHRC sent me a copy of the OPP response.

Fantino continues to make false allegations linking us to violence 

From Jan 10/07, up to and including April 23/08, OPP officers – Fantino in particular – repeatedly made serious and false allegations trying to link Gary and me to committing and/or encouraging acts of violence. See CANACE founders hit back at Fantino/Bryant defamation for info on the most recent incident on AM640 when Fantino accused us of being ‘involved’ in violence and having a violent agenda.

Fantino refuses OHRC mediation, admits he made decision to arrest based on threats by native extremists

On July 22/08 the Ministry of the Attorney General lawyer for Fantino and two other officers informed the OHRC they were refusing to attend mediation. They provided no evidence to counter my claim of systemic race-based policing and focused mainly on trying to convince the OHRC to dismiss my complaint as frivolous, vexatious, groundless, made in bad faith, etc. 

Fantino and his boys also made a shocking admission: that they violated my right to put up a Canadian flag and arrested me to protect me from native extremists:  

“Mr. Vandermaas’ actions in relation to the situation at Caledonia have made him a potential target of the more extreme element who do not share his views. It is the Respondents’ position that any actions it has taken in relation to Mr. Vandermaas have been to preserve the peace and to protect Mr. Vandermaas and his supporters from harm.”

“The Respondents do not dispute that on December 16, 2006 and January 20, 2007 OPP officers objected to Mr. Vandermaas erecting or attempting to erect a Canadian flag across the street from the occupied area.”

“It was the Respondents’ honestly held belief that the placement of the flag could provoke others to breach the peace and put Mr. Vandermaas and others in harms way.”

This, of course, means that the OPP have now admitted to all the core elements of my OHRC complaint. 

What’s next – arrest women for walking down a bad street to ‘protect them’ from predators?  

The OPP actually believe they have the right to arrest law abiding, non-native victims of violent native extremists as an alternative to protecting them from the thugs making the threats!  

If one follows the OPP’s logic, police should be able to prevent women from walking down certain streets and arrest them should they do so in order to protect them from potential rapists. Perhaps the police should arrest rich people with nice cars to protect them from carjackers? Why not restrict black people from certain areas or arrest them to protect them from violent white supremacists?

Is this the Canada I swore to defend as a member of the Canadian Forces? Has the OPP become so thoroughly corrupted that they (and their MoAG lawyer) could possibly believe their own anti-democratic, racist bullshit? How could this be in 2008? Martin Luther King Jr. must be rolling over in his grave:

In your statement you assert that our actions, even though peaceful, must be condemned because they precipitate violence. But is this a logical assertion?

Isn’t this like condemning a robbed man because his possession of money precipitated the evil act of robbery? Isn’t this like condemning Socrates because his unswerving commitment to truth and his philosophical inquiries precipitated the act by the misguided populace in which they made him drink hemlock? Isn’t this like condemning Jesus because his unique God-consciousness and never-ceasing devotion to God’s will precipitated the evil act of crucifixion?

We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber.

Martin Luther King Jr., April 16/63: ‘Letter from Birmingham Jail

 Curious – no more false allegations of violence or breaches of the peace!

What was noticably absent from Fantino’s response were allegations that Gary and I were involved in committing or fomenting violence – a most interesting development given the OPP’s past attempts to smear us as violent radicals bent on the destruction of Caledonia and the free world. 

This was – as I pointed out in my reply to the OHRC – quite a welcome change. I suspect however, it has less to do with a change of heart and more to do with the fact that the OHRC might actually insist that Fantino produce evidence to back up his statements. 

Human rights complaint forces Fantino to tell the truth – at last

So, now you have it from the big guy himself:

  • He did stop us from raising flags.
  • It was native ‘extreme elements’ who might choose to become violent or breach the peace – NOT us.
  • He and his officers’ conduct was not a ‘colour blind’ response to events on the ground, but the result of a deliberate, pre-determined decision to violate the rights of non-natives instead of protecting them from the whims and threats of native extremists.  
  • He believes that it is acceptable to arrest potential victims of crime as an alternative to enforcing the law against those making the threats.  
  • Contrary to his persistently false allegations between Jan 2007 and April 2008 that Gary and I were committing or encouraging or desiring acts of violence Fantino (wisely) chose NOT to make any such allegations to the OHRC when he had the chance.

Thanks to the complaints process of the Ontario Human Rights Commission Julian Fantino was finally forced to tell the truth – ah yes, the sweet smell of truth – at last!

My response to the OPP’s silly arguments

The OHRC requested my response to the OPP position which I submitted on Sept 02/08. I have posted my concluding remarks of that response in Part 2 of this article:

VoC, Sept 16/08: Human Rights complaint forces Fantino to tell truth (PART 2)

Mark Vandermaas, Editor

6 responses to “Human Rights complaint forces Fantino to tell truth (PART 1)

  1. Well, doesn’t that just make you feel all warm and cozy that now the OPP have decided that in native potential violence, anyone in the path of this potential violence will be arrested for their own safety. What a Crock of you know what!

    When in Ontario will the OPP decide that there are not enough jails to do this, and that they better read again the police act and find out what to do to arrest the criminals instead.

    I cannot believe that the OPP would even entertain your complaint being frivolous when it is obvious that the justified complaints against the OPP from citizens of this Province are piling up by the thousands. What an arrogant, self -centred bunch we have in charge of law and order. Time to disband this bunch of wackos and start over.

    I await with bated breath the response of the Human Rights Commission. If your complaint is dropped , on the say so of the OPP then we know that this whole system is corrupt from the top down.


    VoC REPLY: Hi ML. It truly is frightening to see just how twisted and warped the leadership of the OPP has become in its thinking. Only problem is…they won’t fix things willingly; they need a great big nudge in the right direction, and hopefully, the OHRC is the one to do it. Please.

    We, too, wait with bated breath, hoping and praying the OHRC will do the right thing. I am hopeful they will given that they accepted the complaint in the first place. We must have faith until they give us reason not to have any. Even if they dismiss it, it will be good to know if non-natives have any hope of protection for their rights during land claims. Believe me, we provided more than enough evidence to support our complaints and the existence of race-based policing.

    Thanks ML. Regards, Mark P.S. be sure to read Part 2.

  2. Dear Mark and Gary, I have followed this debacle for the past two years and it seems that the only answer possible would be for the Feds to grow a couple of very large stones, take a deep breath and do what has to be done. Oh yes, and this report just in from Hell ” a large skating rink has formed right outside the Devils palace”. The only time the Feds have stones is when they are larger than the tax-payer they are going after. Amazing how effective the OPP, RCMP and even Glen Lickers and his crew on Six Nations are when there are no protests going on. Keep up the good work of maintaining a bright light on this subject. If it was left up to government negotiators, we would be handing over half of our paycheques to our Native friends every week.

    VoC REPLY: Hi Joe. We are travelling down a very dangerous road when a police commissioner has the unmitigated arrogance to tell the OHRC he can arrest potential non-native victims to appease native criminals threatening violence against us! Is it any wonder that native extremists think they can do whatever they want?

    As for handing over half our paycheques – it still wouldn’t be enough because there isn’t enough money in the world to pay bullies, thugs and sociopaths not to victimize innocent people: that’s what they do. Thanks for the compliment, we’re doing our best. Let’s hope the people of H-N put Gary in Ottawa. If you really want to help, send a donation of whatever you can afford to help us win this election. After you’ve done that, get down on your knees and pray that the OHRC doesn’t buy what the OPP are selling. Regards, Mark

  3. WL Mackenzie Redux

    The actions of the OPP leadership in the entire Caledonia siege will be a blot on Ontario’s and Canada’s reputation for years to come.

    The dystopian reaction of enforcing the law in direct inversion to what is legally, civilly and constitutionally proper and the substitution of dyslexic race politics for equity before law, will impact this province far beyond the confines of the Caledonia siege.

    Ontario has now gained an international reputation for devolved government ethics and dytopian politics. Just recently American political scientists have cancelled plans for a convention here for fear of politically motivated legal reprisals aimed at stifling their free speech. No doubt the government’s inability to contain native lawlessness and failure to uphold property law with have a negative impact with investment.

    The Caledonia affair shows that freedom of expression, dissent, association, property rights and equity before the law are also endangered as well as free speech. Ontario is gaining a reputation as some kind of 2nd world politically unstable backwater… like Hati with snow.

    This official attack on basic civil liberty is a shame all Canadians must bear.

    VoC REPLY: It is amazing to me how the media and politicians just cannot grasp how close we are to losing everything Canada used to be about. PCs, Liberal or NDP – they are all shamefully silent except for occasional flashes of greatness from Toby Barrett. Where are the rest???

    BTW, speaking of shameful silence, I actually wrote to the Canadian Civil Liberties Association again to send them links to this story. (Stop laughing! I know, I know, but I had to try. You understand.)

    I haven’t had a chance to write to Jewish organizations yet, but I’ll get around to it. Actually, I did speak personally to a director of a campus Jewish Students organization I met at 2 Holocaust Remembrance events last year. I gave her an early draft copy of our ‘The Human Costs of Illegal Occupations’ report, and got what I thought was some true sympathy for the victims in Caledonia, but when I asked her for help in setting up speaking engagements or introducing me to influential people in the Jewish community who might help, the sympathy turned to silence. Somehow, her silence seemed more than a little dissonant given the repetitive cry of ‘NEVER AGAIN!’ I heard during the Holocaust events.

    The blot you’re speaking of, WL, won’t just be on the government and police. It will be a permanent stain on every journalist, media outlet, civil rights organization, church and citizen who knew or didn’t want to know. Yesterday, a native on DCE threatened residents with a gun. One trigger pull, accidental or otherwise, and we would have had a tragedy that we have working two exhausting years to prevent. People have already been seriously injured and traumatized by experiences they will take with them to their graves, just as the people of Ipperwash will.

    Only an idiot could think that race-based policing would have anything other than a tragic outcome.

    Thanks for writing, WL. Send some dough to Gary’s campaign if you can. We can win this thing, but we need help. Also, if you’re in the neighbourhood, check out the gathering at Bo Chausse’s home tonight at 7pm in Caledonia. We’ll also be at the Deli Harvest Festival on Saturday. See ‘Events Calendar.‘ Regards, Mark

  4. Pingback: FAQ « Conservatives Against Fantino

  5. Pingback: Free advice for the Conservative Party « Conservatives Against Fantino

  6. Pingback: Canadian Civil Liberties Association closes door on Caledonia civil rights abuses | Caledonia Victims Project