UPDATE 1343 EST Nov 08/08: Gary McHale has received another email written by OPP Commissioner Julian Fantino regarding his arrest, this one more shocking and damaging to the OPP than the one described below. See, ‘Crown turns over another ‘smoking gun’ Fantino email to McHale.’
UPDATED 1354 EST Oct 18/08:
Just two days after completing an exhausting election campaign in Haldimand-Norfolk in which he received nearly 5,000 votes from people who support his call to end race-based policing and landclaim lawlessness Gary McHale submitted the ‘smoking gun’ evidence to a Hamilton judge that proves Fantino personally ordered him to be targetted in connection with the Dec 01/07 confrontation at the illegal Caledonia smoke shop that sent McHale to the hospital.
The ‘smoking gun’ took the form of an email Fantino sent before the investigation had even begun into the day’s events. Not only did Fantino target McHale, he made it quite clear that he didn’t care if there was enough evidence to obtain a conviction, instructing his officers to work their way around ‘timid Crowns’! For the complete text of Fantino’s email click links below quotes:
“Subject: McHale et al”
“Today we had another flare-up in Caledonia spearheaded by McHale.”
“Furthermore, I want every avenue explored by which we now can bring McHale into court seeking a Court Order to prevent him from continuing his agenda of inciting people to violence in Caledonia.”
“One final point, I don’t want us to get sidetracked by Crown lawyers on this. We need to be guided by the long established RPG criteria and not be constantly frustrated by timid Crowns who seem to only get charged up when they have a sure prospect of conviction.”
Hamilton Spectator, Oct 17/08: What Fantino’s e-mail said
Crown Disclosure to McHale, Volume 7, Tab 3, Page 19: Fantino email
Judge orders Crown to turn over ALL Fantino communications
Fantino’s shocking email was enough to convince the judge to order the Crown, Mitch Hoffman, to turn over ALL Fantino communications regarding the Dec 01/07 protest or Gary McHale that took place from Dec 01 until Gary’s arrest on Dec 07/07. ALL emails. ALL text messages. ALL recorded phone conversations.
Be sure to read the Hamilton Spectator tomorrow
A Hamilton Spec reporter was there for the entire hearing, and couldn’t believe what he was hearing. Watch for a story tomorrow. I’m pretty sure Julian’s going to be having a bad day. The reporter said he especially liked McHale’s comment to the judge, ‘Considering all the resources expended on this, you’d think it was a murder case.’
- UPDATE: Hamilton Spectator story released, Oct 16/08, 2307 EST: Fantino wanted me charged, Caledonia activist McHale tells judge
NOTE: The original Spec story above incorrectly reports that McHale told the judge he witnessed an incident where an OPP officer was assaulted by a native man who hit him intentionally with his van. In fact, McHale learned about the incident through Crown disclosure of the officer’s notes. McHale cited the notes today when he told the judge about the incident: A native man tried to force an officer to get out of the way by hitting him with the van twice. After the second assault the officer threatened to draw his weapon whereupon the van’s passenger ran over to the illegal smoke shack and brought back 10-13 natives who pushed the officers out of the way. No charges laid for these or any of the numerous assaults on police officers, but the OPP made sure to follow Fantino’s instructions and nail Gary McHale for ‘Counselling Mischief Not Committed.’ A correction has been sent to the Spec. Many thanks to reporter Paul Legall for covering the story.
- UPDATE: Hamilton Spectator, Oct 17/08: What Fantino’s e-mail said
- UPDATE: Hamilton Spectator, Oct 18/08: Fantino e-mail not out of line NOTE: I sent the reporter (Rachel De Lazzer) who wrote this story an email with background info to help her understand the following points:
- Fantino’s email was only one piece of evidence of Fantino’s vendetta against McHale.
- McHale was a victim of violence, not a perpetrator or inciter. In fact, McHale did not retaliate even after being swarmed, punched and kicked.
- Evidence shows that Fantino knew at the time he sent the email that McHale was not the organizer of the smokeshop protest.
- Fantino has engaged in a campaign to defame McHale since he took office.
- On Dec 03/06 Fantino set in motion a plan to target McHale for arrest/travel restrictions even though he knew he’d committed no crime.
- The violence of Dec 01/07 was perpetrated by native smokeshack supporters who committed numerous assaults on OPP officers without a single charge being laid.
- The Ipperwash Inquiry (mentioned by a lawyer in the article) suppressed all evidence from residents in arriving at its 100 recommendations, not one of which specifically deals with violence or crime against innocent third parties. Referred reporter to www.ipperwashpapers.ca.
- I offered, once again, to make myself and Gary McHale available for an in-depth review of our evidence.
Mayor Trainer was quoted in the article:
“…Haldimand Mayor Marie Trainer says the commissioner’s e-mail instructions threaten freedom of speech. She says protests led by McHale have been peaceful.”
Complaint to the Minister of Community Safety and Correctional Services
After reading Fantino’s email (remember, it was written BEFORE any investigation had taken place) in which he makes many outrageous accusations against Gary McHale, I strongly suggest readers take a few minutes to read the CANACE Incident Summary regarding the Dec 01/07 smokeshack confrontation to understand the truth of what actually happened that day – Gary McHale and other non-native protesters were innocent victims of native smokeshack thugs who viciously attacked us without provocation. Video evidence clearly shows that we most definitely were NOT the instigators or perpetrators, that in fact, we refused to retaliate with violence or angry words after being physically assaulted.
On May 30/08 I submitted a 71-page complaint to the Minister requesting an investigation into – among other things – the role of Commissioner Fantino in causing charges to be laid against non-natives for minor offences while natives escaped charges for numerous assaults on police. My main argument was that Fantino tainted the investigation by issuing a press release the same day that blamed us before the investigation had begun. Unfortunately, I cannot release the complaint because some of the evidence cited was obtained via Crown disclosure to McHale. It has, however, been sent to the Attorney General of Canada and the Ontario Human Rights Commission in addition to the Attorney General of Ontario and the Minister of Community Safety and Correctional Services.
The Ontario Liberal government therefore, is well aware of allegations that Commissioner Fantino played a key role in ensuring that non-natives were charged for the equivalent of spitting on a sidewalk while not a single one of the native thugs who attacked police officers throughout the day was charged for those crimes, a fact that McHale pointed out to the judge today.
Now, we have the undeniable proof that connects Fantino directly to ordering officers to target McHale even when there was no reasonable prospect for conviction.
My complaint also made allegations related to Fantino’s misuse of his office to deliberately defame Gary McHale, myself and other non-native activists in general for the purpose of oppressing criticism of his force and of the government.
The Minister dismissed the complaint without ever contacting me or asking for supporting evidence. So far, he’s been able to cover Fantino’s butt by using a loophole in the Police Services Act to bury these serious allegations without investigating them. I wonder if he’ll continue to do so in light of this latest evidence?
- Oct 27/08: Crown must turn over all Fantino communications, and communications to/from investigating officer Detective John Murray.
- Nov 20, 21, 24, 25, 26: Gary argues three Charter of Rights challenges related to the laying of this charge; charge of ‘Counselling Mischief, Not Committed’ will be heard. My sources tell me Fantino will not be able to avoid being subpoenaed as a witness.
And the truth shall set you free – with help from Gary McHale
I was proud to watch Gary McHale in court today as he fought and won once again against the combined might of the OPP and the Attorney General of Ontario. As always, he did it alone. Without a lawyer. Without any help from special interest groups. Without help from anyone but his wife and his volunteer supporters who believed in him.
McHale could have taken the easy way out by copping a plea for an absolute discharge early on in this sorry saga, but he knew that Caledonia, Ontario and Canada needed the story of Dec 01/07 to be exposed because it was the ultimate example of race-based policing in all its ugliness.
He persisted against Crown obstructionism until, finally, he got the evidence he needed to end the career of a corrupt police commissioner who has abused his office to subvert justice and the Charter of Rights while smearing the name of a good man with outrageous lies. As I sat in the courtroom today watching the Crown go through the motions of this outrageous farce I couldn’t help but think that the wrong man was facing the judge today.
Fortunately, what Gary did today was witnessed by a reporter who one day be able to tell his grandchildren that he was there when one of the greatest civil rights leaders in Canada’s history forced the most powerful police officer in Ontario to answer to the courts.
Today, a great man defended the civil rights of all Canadians, and it was magnificent to behold.
After the election, a Caledonia resident put out a sign that says, ‘Thanks Gary.’ Yes, indeed. Thank you, Gary.
The Spec gets it right
Thanks also to Paul Legall and the Hamilton Spectator for publishing this story. We have been critical of the Spectator in the past for their coverage and their refusal to listen to our evidence, but they got this one very right. As I said to Paul yesterday, I hope the Spec is finally beginning to realize who the real problem in Caledonia is.
The photo above was published in the Turtle Island News on May 28/08, almost 6 full months after Powless was filmed attacking OPP officers and Gary McHale on Dec 01/07. The OPP’s Detective John Murray knew at least as early as Dec 05/07 that the non-natives – including Gary McHale – were victims of violence, not perpetrators, but Fantino continued to lie to the public despite knowing the truth. Please see, CANACE founders hit back at Fantino/Bryant defamation.
BREAKING NEWS: More alleged abuses by Fantino
ORILLIA, ONT. — Ontario Provincial Police Commissioner Julian Fantino is expected to be in the unusual position of testifying before a tribunal about allegations that he used the internal OPP disciplinary process to wage a vendetta against one of his high-ranking officers. The case pits the tough-talking police boss against high-profile defence lawyer Julian Falconer, who is alleging that Commissioner Fantino was so consumed with finding the author of a leak that he scapegoated an innocent officer.
Globe and Mail, Oct 17/08: Fantino to face allegations of scapegoating OPP officer
Mark Vandermaas, Editor
- Hamilton Spectator story released, Oct 16/08, 2307 EST: Fantino wanted me charged, Caledonia activist McHale tells judge
- Hamilton Spectator, Oct 17/08: What Fantino’s e-mail said
- CANACE Incident Summary, Dec 13/08: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence
- VoiceofCanada, April 27/08: CANACE founders hit back at Fantino/Bryant defamation
- VoiceofCanada, Sept 16/08: Human Rights complaint forces Fantino to tell truth (PART 1)
- Globe & Mail, Oct 17/08: Fantino to face allegations of scapegoating OPP officer
- Dunnville Chronicle, Oct 17/08: Independent McHale makes strong showing in first campaign