McHale submits ‘smoking gun’ Fantino email to Hamilton court


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.’

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. 

  1. Fantino’s email was only one piece of evidence of Fantino’s vendetta against McHale.
  2. McHale was a victim of violence, not a perpetrator or inciter. In fact, McHale did not retaliate even after being swarmed, punched and kicked.
  3. Evidence shows that Fantino knew at the time he sent the email that McHale was not the organizer of the smokeshop protest.
  4. Fantino has engaged in a campaign to defame McHale since he took office.
  5. 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.
  6. 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.
  7. 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
  8. 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?

Important dates

  • 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


5 responses to “McHale submits ‘smoking gun’ Fantino email to Hamilton court

  1. Stacey Hauser

    I’m having a difficult time putting into words how I feel about this news….. the closest I can come I guess is that I am absolutely ecstatic !!! It’s time for Mr. Fantino to face the music and be made 100% accountable for what has and has not happened in Caledonia. Now that he can no longer hide behind his wall of secrecy who knows what will come out and who the rest of Ontario and Canada will see. They may even see him to be the person we’ve always seen him to be which is one more nail in his coffin as Commissioner. I will do my “happy dance” every day that he is exposed for who he truly is and what he has done.

    To say “Thanks Gary” isn’t even close to enough to say to a man that has stood up and assisted a town full of “strangers” when no one else has. But….Thank you Gary — Thank you for your voice and determination to set straight what has been so wrong in our beautiful town for the past 2 1/2 years.

    VoC REPLY: Thanks for writing Stacey. I called Gary to read your wonderful comment to him. It’s such a morale boost for him and all of us to know that people are beginning to realize that Gary is not the problem; Fantino is the problem. I told the Spec reporter the same thing by the way. Regards, Mark

  2. Imagine, we all thought Gwen Boniface was out to lunch with her Aboriginal preparedness package, ten years in the making, that has been so detrimental to we citizens caught in the middle of native land claims. Perhaps she was replaced by Fantino because she couldn’t use the underhanded, bullyish tactics Julian is so famous for. The Ipperwash Inquiry Commissioner bought into it hook, line and sinker putting the nail on the coffin of equality of Law for all.

    It is more than beyond time the truth as ugly as it is be exposed for all to see. In comparison to all done on the native side with no criminal records so far and very few charges making it to court, I am in shock that so much time and effort by the OPP was extended in the pursuit of a law-abiding man to have him jailed, and his reputation trashed.

    Lady Justice is slow, but when she works, it is a wonder to behold. Those who lie and try to deceive the public eventually pay the price. It is now the time for the OPP to be exposed for their obstructive, non-enforcement of the law against criminals and their blatant misuse of power against the innocent. Race based policing is and has always been wrong, making victims of those who try to tell the truth. Fantino has a lot to be accountable for as well as the grassroots OPP who followed his commands knowing exactly what the fall out could be. Not one of them stood up and refused to comply with an order that could be perceived as unlawful.

    I wonder who will be blamed and targeted for all the mess that occurred in Caledonia, Brantford, Hagersville, Desoronto etc. while McHale was banned. How much were the costs for these fiascos. I am sure Fantino has someone in mind.

    Watch your backs.

    VoC REPLY: Funny how Fantino doesn’t have a bad word to say about any of the native protesters/smokeshack supporters who assaulted his officers or terrorized Caledonia during the past two years. Let’s not forget that Fantino was photographed sharing a joke with Clyde Powless long after Dec 01/07, the same guy who attacked Gary and OPP officers. I’ll post the photo when I get a chance. For now, here’s the link:
    ‘Fantino’s new friend – Cop assaulter Clyde Powless.’ Yesterday, the judge asked McHale if he was claiming ‘selective prosecution’ to which Gary replied in the affirmative. Yes, ML, Lady Justice sure is slow, but she is a thing of beauty to watch – especially when the underdog shows us all how to make it work. Regards, Mark

  3. WL Mackenzie Redux

    So we are at the stage where you make McGuinty’s race politics enforcer stooge sweat under the public spot light.

    I hope the corporate media is not intimidated by the McGuinty “Tammany hall” regime to cover this. It seems the Spec and local papers do but there is a black out in the GTA corporate media where McGuinty’s “Tammany” influence is thickest.

    It is unlikely the henchman (big Juli) will give up the top martinet (“Boss Tweed” McGuinty) under such polite grilling as allowed by the courts, but some day I do hope to hear who was responsible for setting this this race-based law enforcement gollum loose to oppress/intimidate/frame-up non natives who peacefully and legitimately draw attention to unconfronted land claim lawlessness and extortion. The buck stops on the boss’s desk and we all know “Big Juli” is just a programmed uniform in the new “Tammany” command chain.

    The real “boss” of this political intrigue and civil abomination is hiding under his desk in Queens Park afraid to make an appearance in the civil war zone he created with his dystopian race politics and Tammany-Hall administrating.

    VoC REPLY: Good to hear from you WL. I had to look up ‘Tammany Hall‘ to understand your most apt reference to what is going on in Ontario today. Thanks for expanding my horizons!

    Actually, I’m kind of surprised the Spec covered the story. Still, I had to wonder at their title for the 3rd article: ‘Fantino e-mail not out of line’ considering three of their experts expressed reservations about it, including the Mayor who told them Fantino’s instructions threaten freedom of speech. Perhaps, one day, the Spec will take us up on our offer to meet with them and go over our evidence in depth so they can understand how ‘Big Juli’ has been lying to the public through his teeth…about Dec 01/07 and about us.

    As for the Toronto media, with few exceptions they (and the CCLA) seem utterly uninterested in the gross violations of non-native civil rights in Caledonia. One exception seems to be Christie Blatchford; you should take a few minutes to read her story. The link is inside a VoC story called, ‘Globe & Mail: ‘Caledonia’s forgotten family.’
    Thanks for writing. Mark

  4. Fantino is as guilty as he shows. The deeper issue is the apartheid system under which we live. Indians have rights that the rest of Canada does not. As long as this is the case there will be distrust, dislike and outright disdain for those with unequal advantages. The Indians are simply taking advantage of a system the rest of Canada has endorsed. The fact that Dianne Finley gets re-elected is evidence that Canadians, even those experiencing racist laws and practices, are not willing to challenge the status quo. I have quit Canada in my heart, I will use it for what I can get, just like all the rest.

    VoC REPLY: “I have quit Canada in my heart…” Hi Mark, such a sad commentary on how Caledonians are feeling. Like you, I am heartbroken at watching my country become a place where one race of people can victimize others with the open support of the police and government.

    But, what message will you send to your kids by giving up in the face of such evil? Do you really want to tell them that nothing is worth fighting for? Do you want them to believe that we can just run and hide, or move away or pretend the problem doesn’t exist? Should we give up simply because other people voted for another candidate?

    If you talk to Merlyn you’ll find that he is motivated by the intense desire to fight injustice at any price for his little girl. He is determined that she will not live under the system imposed on Caledonia by those who will take her rights from her. And, while he fights, he is teaching her never to back away from problems, never to accept injustice. He is teaching her that democracy and freedoms aren’t free – they come with a price that must be paid if they they are to be preserved. He is teaching her to defend HER children’s rights after he is gone. Are these not better things to teach one’s children than to give up because the fight is hard?

    Gary has always said that the Caledonia story must be taken outside Caledonia to the ‘outsiders.’ This election has proven just how right he was. Perhaps now, the people of Caledonia will stand up as one and insist that Haldimand Council and the business community unite against the injustices of race-based policing. This is within the capability of Caledonians, within YOUR capability to help bring about; imagine how frightened McGuinty and Fantino would be to face a town united! By contrast, imagine how happy they would be to know their divide and conquer tactics were working.

    Like you, I, too, have felt similar emotions about ‘quitting Canada’ in my heart. It is absolutely heartbreaking when one realizes that everything you thought was good about your country: its system, its values, its laws, the sacrifices of its soldiers, sailors and airmen, could be so utterly betrayed by those sworn to defend it. Still, complaining without action solves nothing; we must carry on and resist the evil attacking us the best we can – peacefully, but firmly.

    Your kids and all the children in Caledonia need to be taught the truth, that some things ARE worth fighting for, and that a terrible price was paid to help us know this great truth.

    Thanks for writing, Mark. Regards, Mark

  5. Quitting should be out of the question for anyone who has experienced land claim lawlessness ignored by the government and the OPP in our Province. I want Democracy and equality of the Law back for my children and grandchildren. I do not want them to ever be threatened and abused for telling the truth, by those in power who know the truth and yet try to cover it up and allow innocent people to be vilified, ridiculed, and jailed for no justifiable reason other than Political Correctness to appease the cowardice of Politicians.

    I am sick and tired of hearing how if police act, it will start a war across Canada. Perhaps it is time to get this settled once and for all. If the native population is stupid enough to rise up because criminals in their midst are dealt with by the authorities then so be it.

    No non-native would ever be allowed to do any of this to a native community. Race-based policing is wrong. Thirteen years of this crap is enough. No amount of rhetoric from OPP or government officials will ever convince the victims that they are not being sacrificed on the altar of Political Correctness and for what??? So McGuinty and Fantino can have a good day!!!!!!


    VoC REPLY: I have always said that I don’t believe the extremists speak for all native people. Furthermore, as we both know, native people themselves are being victimized by these gangsters. Native people deserve to live in safe communities just as we do, and I find it difficult to believe there would be widespread support for the criminals if the police upheld the law. Politically-correct racism is victimizing all of us, native and non. Thanks so much for writing, ML. Regards, Mark