McHale Charter application alleges Fantino misconduct

Posted on November 11, 2008 | Comments Off

Background info, please refer to:

VoiceofCanada, Nov 08/08: Crown turns over another ‘smoking gun’ Fantino email to McHale
VoiceofCanada, Oct 16/08: McHale submits ‘smoking gun’ Fantino email to Hamilton court
CANACE Incident Summary: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence

McHale files 3 ammended Charter challenges

Yesterday, Nov 10/08, Gary McHale filed 3 ammended Charter challenges with the Court that will be heard before his trial for ‘counselling mischief not committed’ begins. The document includes copies of three Fantino emails obtained under Crown disclosure that prove how far the Commissioner went to target McHale for arrest before any investigation had begun into the smokeshack confrontation of Dec 01/07. The emails begin on p12:

R. v. Gary McHale, Nov 10/08: Amended Application of Charter Challenge

McHale’s application includes…

Fantino’s emails tell officers to target McHale, to work around ‘timid’ and ‘feeble’ Crown attorneys who want a ‘sure prospect of conviction,’ and not to ‘get bogged down with legal nuances.’
Fantino attempted to publicly smear his character with false accusations of links to violence and the spreading of hate while, at the same time, failing to criticize Aboriginals who had actually perpetrated acts of violence.
Fantino’s use of the Criminal Code to pursue travel restrictions and to smear his reputation is a violation of the Charter.
Fantino and the OPP targetted him because of his race; that if he was Aboriginal the OPP would have treated him respectfully.
Fantino targetted him for arrest and travel restrictions as early as Dec 03/06 even though he knew McHale had committed no crime, and that when the plan didn’t work, Fantino began a defamation campaign in which he made false accusations linking McHale to violence.

I urge readers to review McHale’s Charter Application in full – it is a fascinating read that will make you wonder if this is 1963 or 2008.

Fantino will appear to testify

Since Fantino’s emails made clear that he had a personal hand in ordering McHale’s arrest before the investigation had begun, his lawyer isn’t going to try to fight a McHale subpoena requiring him to testify. Watch for Fantino to appear in a Hamilton court on Nov 24th to answer Gary’s questions under oath.

An innocent man is about to be vindicated

When the truth is finally revealed, the province will see that Gary McHale was the victim of a malicious, despicable campaign conducted by and under the orders of Julian Fantino to silence one of the few voices who was prepared to speak out – peacefully – against the evils of race-based policing in Caledonia.

I, too, was the victim of this campaign. Months after Fantino knew full well that we were the victims of violence and NOT the perpetrators, he went on a Toronto radio station to falsely accuse Gary and me of having a violent agenda and of being ‘involved’ in violence.

VoiceofCanada, April 27/08: CANACE founders hit back at Fantino/Bryant defamation

Once a bully…

“An Ontario judge has accused Julian Fantino’s legal team of political interference and intimidation…”

“MacDonald and Jevons claim they’re victims of a witch hunt inside the OPP, orchestrated by Fantino and the head of OPP’s union, and claim the commissioner bowed to union pressure.”

CBC News, Nov 11/08: Ontario judge won’t budge from OPP discipline case

More twisted Fantino thinking on civil/human rights – OPP should arrest potential victims to protect them from violent racists

McHale’s Charter Application includes a quote from Fantino’s frightening response to my complaint to the Ontario Human Rights Commission: