Fantino testimony at McHale trial: what the media didn’t report

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UPDATED 1656 EST Dec 02/08

Yesterday, I spent the entire day in a Hamilton courtroom sitting within arm’s reach of Hamilton Spectator reporter Rachel De Lazzer as we – and a group of Caledonia residents – listened to testimony from OPP Commissioner Julian Fantino that proves he has been misleading the public all along about Gary McHale. I watched as she took copious notes during testimony. Apparently there was a CHTV reporter in the court as well.

Fantino’s testimony – NO evidence against McHale

Before I comment on what these journalists reported to their respective audiences, here are what I consider to be the most important details that were exposed thanks to Fantino’s testimony under oath:

1. McHale went through a list of charges with Fantino asking if they had been laid in Caledonia, and whether or not they had been laid against him. Fantino agreed that charges for Attempted Murder; Aggravated Assault; Assault; property damage; and weapons offences had been laid in Caledonia, but not against Gary McHale. Fantino admitted that they video-record McHale’s protests, and that OPP officers were present at one of his townhall meetings.

Despite Fantino’s public allegations (repeated under oath yesterday) accusing him of committing acts of ‘mischief’ and of ‘inciting violence,’ and of being responsible for injuries to OPP officers, he admitted the OPP have never charged Gary McHale with any crime prior to the Dec 01/07 smokeshack confrontation because they have no evidence to support a charge.

2. Fantino has never publicly criticized a native protester by name as he has done with Gary McHale.

3. Despite OPP policies contained in their ‘Police Preparedness for Aboriginal Critical Incidents’ that require open and honest dialogue Fantino has never met with non-native protesters, but he has met on a number of occasions with various native protesters.

4. Fantino’s meetings with native protesters have included Clyde Powless, the man who led the vicious swarming attack that put McHale into the hospital on Dec 01/07.  We have a picture of Fantino sharing a joke with Powless (charged with assaulting McHale) and Floyd Montour (charged with Mischief for illegal occupations) on Six Nations months after the attack on McHale.

5. Fantino testified that Clyde Powless had helped the OPP ‘defuse situations’ in Caledonia, but when shown a video of Powless intimidating and assaulting two OPP officers, Fantino blamed Powless’s actions on McHale, saying that if McHale wasn’t present the situation wouldn’t have occurred in the first place. Even after McHale pointed out that Powless hadn’t even mentioned his name while yelling at the officers and bumping them, Fantino continued to insist that it was all McHale’s fault because he was present at the protest.

6. When shown a video of Powless attacking Gary from behind, Fantino testified he couldn’t tell what Powless was doing.

7. Fantino did not know that McHale had been sent to the hospital on Dec 01/07 after the swarming attack led by Powless.

8. In order to counter his assertion that McHale was ‘inciting violence’ Fantino was shown a video from Dec 01/07 in which McHale is heard calming the angry crowd down after an OPP officer who refused to arrest the natives who attacked me decided to arrest a non-native man quietly drinking coffee on the blocked road. McHale is heard repeatedly telling the people to peacefully allow the officers to make the arrest. Fantino said he wasn’t aware of McHale’s actions.

9. Although his Dec 01/07 email advised officers that the Dec 01/07 protest at the illegal smoke shack was ‘spearheaded’ by McHale, Fantino claimed not to know that it was actually organized by Caledonia resident Doug Fleming. He claimed not to be aware that Fleming had placed a newspaper ad for the protest. McHale played Fantino an OPP interview with Sgt. Gutenberg who clearly stated that the event had been organized by Fleming. If Fantino is to be believed, this key fact was never transmitted to him by his subordinates.

10. Fantino was directing his officers via incorrect information when he asked Deputy Commissioner Chris Lewis in an email on Dec 02/07 if the OPP had a plan to “deal with him [McHale] on the basis of any breach he may have committed regarding his bail conditions?” After McHale asked him how it would be possible for him have bail conditions if he hadn’t been charged with any crime, Fantino was forced to admit he was misinformed. 

11. Fantino was shown an OPP investigation proving that on Dec 03/06 Fantino gave the order that set off a plan resulting in McHale’s Dec 16/06 arrest and overnight detention even though there was no charge against him. Fantino denied he ordered McHale’s arrest, but when asked by McHale about the OPP targetting him even though he hadn’t committed any crime, Fantino replied that he was glad they did.

12. In his emails dated Dec 01 and Dec 02/07 Fantino instructed his officers not to get ‘sidetracked’ by “timid’ and “feeble” Crown Attorneys when pursuing McHale, but he could not provide a clear explanation of what he meant by his apparent disrespect for the Crown. He also provided no clear explanation as to what he meant when he told his officers not to get “bogged down in legal nuances” when dealing with McHale. 

13. Fantino testified there was “nothing fair” about McHale’s website CaledoniaWakeUpCall.com saying the site was intended to ‘misinform, incite, and mischief-make.’ However, he admitted he was not aware that the majority of the site consisted of news reports from other media. He was not aware that CWUC published articles from native media. He was not aware that the site contained stories critical of Gary McHale. Unfortunately, McHale forgot to ask if he was aware that the prestigious Ryerson Review of Journalism had cited CWUC and (VoiceofCanada) for providing news coverage when other media failed. Given Fantino’s obsession with painting McHale and his site as the cause of Caledonia’s problems he seemed woefully ignorant of what was actually on CaledoniaWakeUpCall.com.

14. Despite his admission that McHale had never been charged with a crime prior to Dec 01/07 due to a lack of evidence Fantino stuck to his story that McHale was responsible for inciting violence and ‘mischief-making.’ He also accused McHale of filing frivolous lawsuits and complaints against him. Yet, each time he was asked for examples to back up his claims, Fantino could not provide a single specific action of McHale’s to back up his allegations. 

VoC comment on Fantino’s testimony

When he wasn’t blaming McHale for Caledonia’s problems – even after testifying about the OPP’s lack of evidence against him – Fantino’s testimony consisted mainly of ‘I don’t know’ and ‘I have no recollection.’ The judge had to warn the audience to keep their feelings to themselves after they groaned at one of Fantino’s replies.

One thing is perfectly clear, though: at the time Fantino ordered his officers to target McHale for arrest – before any investigation had even begun into the Dec 01/07 smokeshack confrontation – he absolutely knew the OPP had no evidence that McHale had committed any prior crimes in Caledonia. Why then, would he order his officers to target him before the investigation had even begun?

Fantino’s bizarre insistence – under oath no less – that law-abiding Gary McHale was the cause of Caledonia’s problems, was simply irrational obstinance by a man who just can’t admit he was wrong. In essence, he was saying that even though McHale had broken no law in protesting against OPP policies, all of Caledonia’s problems were his fault. At one point he actually said, about his decision to write a rebuttal before the Dec 04/07 news conference at Queen’s Park by McHale and Caledonia residents (links below), “I wanted the truth to be known about what, in fact, had been happening in Caledonia and the position of the OPP. Absent of your presence, we wouldn’t have had these problems.”

Naturally, Fantino made no mention at any time of the problems caused by the illegal actions of native protesters in terrorizing Caledonia for two years or their role in committing crimes such as selling illegal cigarettes to the town’s children. His eagerness to blame the victim instead of the man who put McHale in the hospital and assaulted his officers on Dec 01/07 was irresponsible, anti-democratic and just plain weird given his position as commissioner of the province’s police force.

During his testimony, Fantino whined several times about McHale’s protest at his home in Woodbridge. It seems the commissioner didn’t like having his neighbourhood disrupted for a couple of hours by peaceful, law abiding Caledonia protesters. Imagine that. Apparently, however, the protest didn’t teach him anything about how Haldimand residents feel about being held hostage by native protests while his officers stand guard for the lawbreakers who have tormented them.

It was clear to me, as it has been from the beginning, that Fantino’s motivation in attacking McHale had nothing to do with protecting the people of Caledonia, and everything to do with suppressing non-native criticism of him and his force. For a guy who has conducted a campaign of making serious and false allegations about McHale and his website, Fantino seemed woefully ignorant of the truth. His unfounded, misinformed, misguided vendetta against McHale was clearly on display for all to see. The only problem was, the media failed to report the whole story.

Media fail to report vital Fantino evidence from McHale trial

After testimony was over for the day, I spoke to Rachel De Lazzer and said, “Well, you heard it for yourself: the OPP have no evidence that McHale committed any crimes in Caledonia, and Fantino has never met with any non-native protesters.”

Not only did she not report these key facts, she didn’t report a single one from the list above – even though the Spectator has a history of reprinting sleazy Fantino allegations against McHale without allowing him to respond. De Lazzer did make a reference to Fantino continuing to call McHale a ‘mischief maker’ despite not having any video evidence although she chose not to make the day’s most important point of all – that the OPP had NO evidence that McHale had committed ANY crimes in Caledonia prior to Dec 1/07.

Read for yourself and decide if De Lazzer told the most important story of the day:

Despite my criticism, De Lazzer’s story (and her previous one – link below) was pure light and air compared to some of the garbage the Spec and other media have published in the past, so I don’t want to beat her up too badly. It certainly does get across the point that Fantino may not have acted in good faith in his treatment of McHale and that’s a good thing. It’s just a shame that an OK story couldn’t have been an eye-opening, outstanding piece of groundbreaking journalism that finally exposed Fantino’s groundless attacks on McHale’s character and civil rights.

CHTV ignores the truth, too

The CHTV news report I saw at 6pm yesterday was nothing short of outrageous. It made a big deal of reporting Fantino’s bizzaro accusations against McHale, but made no mention whatsoever of his admission that the OPP had no evidence McHale had committed any crimes in Caledonia prior to Dec 01/07. It was a disappointing piece of so-called ‘journalism.’ CH’s only pretence at fairness was to report that McHale had tried to calm the crowd down on Dec 01/07, a fact of which Fantino was unaware (see #8 above).

Six Nations school principal tries to mislead court

On Nov 20/08, the first day of McHale’s trial, Six Nations school principal Terry Lynn Brant was called by the Crown as the first witness, and testified to the following:

1. Brant: She says she saw Gary McHale leaning on a car and rocking it back and forth with his belly. She had also made a previous statement to this effect to the OPP that McHale obtained under disclosure. McHale played a video of her interview.

Truth: It never happened. Watch for video evidence to be introduced when the trial reconvenes on April 21/09.

gary_hospital-dec01-07-small.jpg2. Brant: Brant said that Lynda Powless was grabbed by McHale for no reason as they were just walking down the road. According to Brant he just put his arms out and grabbed Powless although she didn’t see the ‘grab’ herself – Powless told her about it later. She couldn’t think of any reason why McHale would put his arms out and she couldn’t recall anything else going on at the time.

Truth: Under pressure from McHale, Brant admitted that the alleged ‘grab’ of Lynda Powless occurred around the same time that Clyde Powless – wait for it – “reached up to tickle your neck.” Yes, that’s what she actually said – under oath.  I couldn’t help but laugh out loud.

Unfortunately for Brant, the next Crown witness was Lisa Parent who recorded 1.5 hours of video on Dec 01/07. Parent’s video shows it was actually Lynda Powless who grabbed on to McHale while he was trying to escape Clyde Powless’s cowardly attack from behind.

Parent also captured Powless’s attack on McHale that began the vicious swarming that sent him to hospital. Under cross-examination, McHale asked Parent what she thought Powless was doing to him. When she replied, “attacking you,” McHale asked if she was sure Powless wasn’t tickling him. Parent, who wasn’t allowed in the courtroom for Brant’s testimony, was flabbergasted by McHale’s question, but eventually answered in the negative. Afterwards, Parent was amused, as were we all, at Brant’s silly and pathetic attempt to mislead the court with her outrageous testimony.

So much for the credibility of Crown witness #1, Ms. Terry-Lynn Brant, Six Nations school principal. Exposed as a liar by the Crown’s own witness.

VoC note: Readers can watch video of Clyde Powless ‘tickling’ Gary McHale’s neck, and Lynda Powless hanging on to his arm with both hands in this CANACE Incident Summary. While you’re there, be sure to watch the video of Camille Powless getting caught fabricating a false assault charge against McHale. It’s a beaut.:

VoC Comment

One day the people of Caledonia, Ontario and even Canada will realize the huge debt they owe to Gary McHale for forcing the Crown to take him to trial so he could expose the outrages of race-based policing. I was proud to watch him, again, as he stood with wife Christine beside him against the combined might of the Ontario government and the OPP to defend the civil rights of all non-native Canadians caught up in land claim turmoil.

Near the end of the day, McHale began a devastating examination into the OPP blueprint for racially-segregated policing – their Framework for Preparedness for Aboriginal Critical Incidents. It was under questioning about the Framework that Fantino admitted that he had never met with non-native protesters even though he had done so with natives. The examination will continue when court reconvenes on April 21/09.  

For more info about the Framework and its role in subverting the rights of non-natives, please refer to Gary McHale’s Charter application document:

Whether it is this trial or a future trial, there is no doubt in my mind that one day Gary McHale will force the OPP and Ontario government to respect the rights of non-natives. What a shame that the media have failed to grasp the staggering implications of this case. 

Mark Vandermaas, Editor
VoiceofCanada
info@voiceofcanada.ca

References

  • R. v. Gary McHale, Nov 10/08: Amended Application of Charter Challenge
  • OPP Police Professional Standards Division: Investigation into McHale arrest, Dec 16/08
  • Hamilton Spectator, Nov 27/08: Fantino and McHale face off in courtroom  [REPRINT]
  • CaledoniaWakeUpCall blog, Nov 28/08: Fantino’s exhorbitant spending continues
  • CD98.9 Radio, Haldimand News, Nov 27/08: McHale to bring Charter challenges on Fantino [REPRINT]
  • Hamilton Spectator, Rachel De Lazzer, Nov 26/08: Caledonia activist questions Haldimand mayor in court  [REPRINT]
  • CD98.9 Radio, Haldimand News, Nov 26/08: McHale back in court [REPRINT]
  • Hamilton Spectator, Nov 25/08: Keep it open, McHale says of court case [REPRINT]
  • Hamilton Spectator, Nov 24/08: Caledonia activist McHale gets new trial [REPRINT]
  • Hamilton Spectator, Nov 22/08: Procedural error postpones McHale’s trial [REPRINT]
  • CaledoniaWakeUpCall blog, Nov 21/08: McHale could serve 5 years for alleged suggestion
  • CANACE Incident Summary: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence 
  • CaledoniaWakeUpCall blog, Nov 20/08: Mammoth trial of epic proportions begins today
  • VoiceofCanada, Nov 11/08: McHale Charter application alleges Fantino misconduct
  • CaledoniaWakeUpCall blog, Nov 11/08: Fantino orders officers to ignore Crown – arrest McHale
  • 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
  • NumbersWatchDog website: www.numberswatchdog.com
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    10 responses to “Fantino testimony at McHale trial: what the media didn’t report

    1. Great summary. Unfortunately, no one cares. Natives can continue to do what they want with the blessing of every one except a wise few. As an aside, Why do Native residents of Toronto get special funding for their economic struggles? What about scottish or Italians or any other race who are struggling? Racism is ingrained into our psychy and we don’t even recognize it. We are doomed as a nation.
      Bring on another pointless election! Looney Toones!

    2. Mark, I must give you a ‘bravo’ for your proper and beautiful description of Gary McHale and his actions to stand up where we all should be, but he’s the one to ‘fight’ for equal rights as they are written but not at all put into action by the Federal or Provincial governments, not to mention the totally woooosie Fantino. It’s terrible how Fantino can sit in a court of law, swear to tell the truth and then spew out lie after lie. What a disgusting excuse for a policeman.
      Most of your fellow Canadians appreciate yours and Gary’s bringing these gross miscarriages of justice to ‘The People’. Many thanks
      Murray Hilton

    3. Mark thank God for giving us Gary McHale.

      I’ve said it before and I’ll say it again…. Where would Caledonia and it’s victims be without Gary McHale standing up for them against all odds.

      People like Donna Prichard and others who blindly follow her drabble on her web site will one day have a lot of crow to eat and I hope they don’t choke on it. The ultimate justice will occur when Prichard finally shows her hand to run for mayor and gets devastated in the poles after her years of diminishing all that others have attempted to do while whining and complaining about them as she does nothing positive to help.

      And Fantino well…… I’m afraid he has made his bed and will have to lie on it and his true colours are shining through for all to see the legacy of what appears to be a Corrupt Cop who has no use for the Weak Crown Attorneys, our courts or the Legal Nuances that he is bound to follow as the Top Cop in Ontario. It is amusing to see this bully finally being stared down by Gary McHale who will be surely remembered for taking on the establishment and holding them accountable to the Victims of Native Lawlessness. Fantino’s Career of bullying is finally comming to an end at the hand of a simple victim speaking the truth who has demonstrated that he has had enough of Government corruption and lies.

      It is interesting to learn that because of all of this illegal activity perpetrated by our provincial Government and the OPP huge amounts of our tax money is now being doled out to pay up for some of the wrongs borne by the victims of Native Violence endorsed by the McGuinty Government and the OPP Facilitators.

      The Government owes their exposure to this litigation solely to the poor leadership and handling of a Native illegal occupation by their police leaders, government facilitators and McGuinty’s inability to recognize that Illegal occupations create victims and these victims have equal rights under the Law and Canadian Charter.

      I can’t wait to hear from the rest of the Crown’s star witnesses to see if they too are smoking Illegal Native Wackey Tobacco and can’t tell right from wrong or a tickle from a brutal assault.

      Testimony like that that was already presented to date can only make one wonder what the OPP and McGuinty Government are thinking when they give the Victims and Voters of Ontario so little credit for knowing truth from fiction.

      The Main Stream Media seems lost forever in the political correctness of Canadian Journalistic culture and obviously can no longer be trusted with the important job of protecting and safeguarding our Charter and democratic rights.

      Nothing will be the same after this is over. The importance of people like Gary McHale, Mark Vandermaas and Jeff Parkinson who have printed the truth so plainly for all to see who choose to watch with open eyes and open minds will be remembered by all in power who tried to subjugate justice and deny us our rights to equality under the Charter and Canadian Law in the interest of political expediency.

      We all owe these gentlemen and all those from Caledonia who have supported them a huge debt of gratitude for exposing this rot from within our Government and posting it for all to read.

      Contrary to all that has been said by Fantino, the OPP in press releases and the McGuinty Government Gary McHale et all have been consistant in their message against two tiered policing, lawlessness and race based policing and have always advocated peaceful protest.

      It wasn’t Gary McHale et all that lied to the press and the victims of the Native crime spree in Caledonia and throughout Ontario it was the OPP, Fantino and the McGuinty Government trying to cover for their huge blunders, political mistakes and weak response to Native Terrorism in our towns.

      Thankyou Gentlemen for all you have done and all that you have demonstrated to us that you are.

    4. Ditto to Jim Anderson’s eloquent response to your article.

      Mark: FYI …You may find some value in reading the Dec. 1st essay pertaining to North American Indians in this blog:

      http://vanishingamerican.blogspot.com/

      P.S.

      It’s not necessary to publish my note….it’s only a quick method of contact. Keep up the good fight because “truth” can never lie.

    5. WL Mackenzie Redux

      What is the penalty for a crown prosecutor and police official attempting a “political” incarceration?

      VoC REPLY: Good question, WL. I missed a day in court when an OPP officer also had problems telling the truth on the stand about what happened on Dec 1st. Too bad for him Gary has notes (and testimony to come) from another officer who saw what really happened, as well as video to back up our version of events. Oops!

      So many liars, so little time. Too early to speculate on perjury charges, yet though. The main goal is to expose race based policing. You know, WL, even with all our experience in dealing with race-based policing, I am shocked at just how disgustingly dirty and deep the river of lies is that runs within the world of the OPP (not all officers – some are becoming VERY supportive!) and native thugs. There is seemingly no limit to how far they will go to subvert truth and justice. It’s like an open sewer, and I thank God someone like McHale was willing to allow himself to be covered with shit in order to do what is necessary to at least try to clean it up.

      As for the Crown, Mitch Hoffman is ‘just following orders’ that I suspect he doesn’t like, but this case is and was a big farce. If they can drop Extortion and Intimidation charges against natives that McHale laid with good supporting evidence, they can drop ‘Counselling Mischief Not Committed.’ Only problem is, Gary doesn’t really want the charge dropped; he wants it to go to trial so race-based policing can be exposed via his Charter challenges.

      BTW, be sure to check CWUC for new media stories. There’s a good one from yesterday’s (Dec 01/08) The Regional News from Caledonia that provides more details about the testimony thus far; we know it’s accurate because it was written by Gary. Not sure when it’ll be posted, but it should be up soon. Regards, Mark.

    6. WL Mackenzie Redux

      “As for the Crown, Mitch Hoffman is ‘just following orders’ that I suspect he doesn’t like,”

      “Just following orders” didn’t wash as a defense at Nuremberg and it won’t in any constitutional appellate court of justice that values civil rights.

      VoC REPLY: There are far too many people in Ontario/Caledonia ‘just following orders’ who ought to be ashamed of themselves.

      You’re going to love Gary’s latest letter to the Crown regarding his bail restrictions. Here’s a quote:

      “29) We cannot forget the lessons learned by the Nuremberg Trials (what is now called the Justice Trial) which demonstrated that both Crown Attorneys and Judges went along with the police to find legal means for everything that was done in Nazi Germany. We cannot forget that everything that was done in Germany was done legally and supported by Crown Attorneys and Judges. The following quote comes from the Nuremberg Trial website:

      The Justice Trial is one of the most interesting of the Nuremberg trials. The trial of sixteen defendants, members of the Reich Ministry of Justice or People’s and Special Courts, raised the issue of what responsibility judges might have for enforcing grossly unjust–but arguably binding—laws…

      Schlegelberger served in the Ministry of Justice from 1931-1942… Another case cited by the tribunal concerned a remission-of-sentence order signed by Schlegelberger. Schelgelberger explained in his decision that the sentence imposed against a police officer who was convicted of beating a Jewish milking hand would have been bad for the morale of officers.

      30) Canada is not Nazi Germany but the ground work that lead to one of the greatest historical examples of the abuse of power and discrimination of a race has now started in Haldimand County.”

      Gary’s letter was written after attending a court appearance last Friday by Clyde Powless, the native who led the vicious attack on him on Dec 01/07 at the illegal smoke shack. There were OPP officers in the court to act as character witnesses for Powless. Fantino wrote to the Crown calling him – believe it or not – a ‘peacemaker’! Two weeks after telling a Hamilton court the OPP had no evidence that Gary had committed any crime prior to Dec 1/07 Fantino lied to the court in his email by blaming the victim of Powless’s assault – Gary – for Caledonia’s problems, calling him a ‘mischief maker.’ We have a copy of Fantino’s email which will be published soon.

      The Crown then proceeded to drop the Mischief charge against Powless for blocking the road on Dec 1/07! The reason – the expense of the trial would not be in the public interest. Apparently, however, the expense of persecuting McHale for merely suggesting that other residents help block an already-blocked road IS in the public interest.

      The OPP refused to charge a single native – including Powless – for assaulting OPP officers on Dec 1/07. Even when natives deliberately hit an officer with a van twice and then pushed him and his partner out of the way when he threatened to pull his weapon, no charges were laid. When Gary tried to lay charges for the attacks on OPP officers, the Crown argued against him (He’s appealing via a Judicial Review). When I asked Sgt. Sloan to charge the natives who attacked me on Dec 1st, I was told to ‘Get back!’ When Gary got charges of Mischief, Extortion and Intimidation certified against Floyd and Ruby Montour the Crown dropped the Extortion and Intimidation charges.

      So…here’s how Ontario’s ‘justice’ system works: native thugs are allowed to assault OPP officers at will without charges. Native thugs are allowed to repeatedly assault non-native protesters in full view of OPP officers without arrest until later, if at all.

      Before any investigation has begun the OPP Commissioner publicly blames the non-natives and orders his officers to target a non-native activist for arrest even though he knows the man hasn’t committed a single crime in the past two years.

      When the native ringleader of the violence appears in court to face a charge for Assault the Commissioner and other OPP officers give the man a glowing character reference. The Crown then drops a charge against the native, but persecutes the non-native activists (McHale & Doug Fleming) for a similar charge.

      On May 30/08 I filed a 71 page complaint against Fantino summarizing allegations of serious misconduct in three separate ‘incidents.’ The Minister of Community Safety dismissed it out of hand without ever talking to me or asking for supporting evidence.

      The Ministry of Attorney General lawyer for Fantino informed the OHRC in writing that I was arrested and prevented from raising a Canadian flag in order to ‘protect’ me from native ‘extreme elements’ who might want to harm me should I do so. The Attorney General and the Commissioner of the OPP believe it is acceptable to arrest potential non-native victims as an alternative to arresting the native extremists making the threats.

      If there was any doubt before, there should be none now: non-natives are not safe from violence, false arrest or prosecutorial misconduct in Caledonia unless they give up their civil rights and go along with the Apartheid policies of the OPP/Liberals. Even then, there are no guarantees of justice or safety, a fact that can be attested to by Sam Gualtieri.

      The OPP, the Crown and the Liberal government have crossed a serious threshold – they have made it crystal clear that it is now open season on non-natives. All pretence of fairness is gone. Justice in Caledonia is determined by race and race alone. Native extremists are free to attack and victimize innocent, law abiding non-natives with the fullest protection of the OPP and Ministry of the Attorney General. The Commissioner of the OPP is free to oppress non-native activists with lies, false arrests and judicial interference. No matter how outrageous Fantino’s conduct, no matter how far he goes to subvert justice, truth and the rights of non-natives the McGuinty government will NOT act.

      Make no mistake about it, violence and injustice against non-natives has been sanctioned at the highest levels and given force by lower level police officers and Crown attorneys who are ‘just following orders.’

      If white extremists were attacking blacks or natives under the protection of the OPP, no Crown would have gone along with it. Can you imagine how fast the charge against McHale would have been dropped if he had been an innocent native victim of an unprovoked assault by a white supremacist running an illegal shop selling drugs to kids?

      Can you imagine how fast the charge would have disappeared against a native activist once the Crown discovered that Fantino had ordered his arrest before the investigation had begun?

      Can you imagine how fast the Crown would have acted to defend justice once he discovered that Fantino and the OPP had intentionally smeared the reputation of an innocent native activist who had committed no crime?

      Our ‘justice’ system has become thoroughly corrupted – the only thing left standing between anarchy and the rule of law are a few judges who, in the near future, may or may not decide to do the right thing. God help us all if they make the wrong decision. For two years we have encouraged people to have faith in the ‘system.’ What if we were wrong? What if the ‘system’ has been irreparably corrupted?

      The McGuinty Liberals have consistently refused to investigate a single complaint against Fantino. We have been criticized for filing complaints and lawsuits. The former minister of Aboriginal Affairs, Michael Bryant, himself criticized my complaint to the OHRC. They would deny non-natives the right to protest, the right to criticize, the right to assemble, to associate, to complain, to sue. What else is left? Since the OPP and Ontario government seem only too eager to listen to and appease natives who use violence and crime, are we to emulate such behaviour in order to protect our rights?

      I am beginning to wonder if the OPP and Liberals – by their open support of violent native extremists – are deliberately trying to provoke non-natives into using violence to defend our rights so they can use overwhelming force to discredit and crush criticism by non-natives.

      This is exactly why we must remain non-violent. We must follow Gary’s Dec 01/07 example by not retaliating against native and OPP aggression. Just as the blacks refused to retaliate against those attacking them with dogs and fire hoses, we must continue to allow ourselves to be victimized. No amount of retaliatory violence can accomplish what the video of Powless attacking a peaceful Gary McHale will eventually do.

      The story of Powless’s court appearance and Fantino’s letter of support for him should be in Caledonia’s Regional News this week, and reprinted on CWUC shortly after.

      In closing, I beg all OPP officers and all Crown attorneys in Ontario…PLEASE, STOP FOLLOWING ORDERS AND START FOLLOWING THE LAW!

      Thanks for helping me get this out of my system, WL. More to come.Mark

    7. WL Mackenzie Redux

      “The Crown then proceeded to drop the Mischief charge against Powless for blocking the road on Dec 1/07! The reason – the expense of the trial would not be in the public interest.”

      >> Justice is ALWAYS in the public interest and hang the expense…but of course in this dystopian province (where constitutional egalitarian constructs of the rule of law are in defacto suspension) we have no justice system as such in criminal or civil law, … minus the justice of equality before the law, we are left with simply a “legal system” which white washes whatever the system’s owners wish to push or cover up.

      It’s the “Just-Us” system of a pathocracy like Tammany Hall where only insiders and their patronage clients have access to parcelled out legal privileges…it is also the devolved statist contrivance of criminal autocracies. This system is run by Kakistocrats for their sole benefit…justice is a rape victim in this corrupted legal theater.

      As far as I can see there is enough here to petition for a federal judicial review of the processes and actors in this case.
      ——————-

      “The OPP, the Crown and the Liberal government have crossed a serious threshold – they have made it crystal clear that it is now open season on non-natives.”

      >> What they are making abundantly clear is they are running a political machine and will corrupt any public safety valve (like the constitution, criminal law, civil law, human rights and justice systems) to realize their goals.

      Part of those goals is a vested interest the Queen’s park Kleptocrats have in common with the Six Nations kleptocracy … in essence, pillaging the public treasury/holdings for political and fiscal profit.

      This may seem a harsh stark image of abject pathocracy but so many Canadians are insulated and have never seen the same thing take hold in places like Salvador or Haiti…just because the Queen’s park pathocracy has run a bloodless overthrow of the constitutional rule of law and quietly allowed the rape of public holdings does not mean the same uncivil anti-democratic corrupt elements are not at play here…. they are…. it is just obscured from public view by a media who are intimidated by the ruling Queen’s park Junta to speak out.

      The revelations and allegations of official malfeasance in Gary’s trial are an absolute scandal bomb that any free press outside the province would run with front page banner headlines…why the silence here? Because this local corruption goes deep to the highest provincial offices and these Junta martinets have sent the message out that they will destroy any person, business, media or NGO who attempts to shed light on the corruption…our media is chicken. In a kleptocracy the jails are full of whistle blowers. Good thing guys like Gary and yourself are not afraid to speak truth to power.

      As I said the revelations in this trial will be of interest to federal judicial oversight committees.

      VoC REPLY: I wish that were so, WL, but the Attorney General of Canada told me in writing that he could not help when I sent him a copy of our 71 page complaint about Fantino. No one is coming to the rescue of non-native victims except Gary McHale and – possibly – the judge or judges who will hear his case. No ‘civil rights’ organizations. No church groups. No government ‘safety valves.’ No media (except for the magnificent The Regional This Week in Caledonia). No one. McHale stands alone against a juggernaut with enough faith to believe that the judges in our system have not been corrupted. I pray he is right. Regards, Mark

    8. WL Mackenzie Redux

      As a federal AG Nicholson is as useless a teat as one could find in a Tammany Hall departmentalism. He’s Harper’s rubber stanp and the department underlings run the justice department while Nicholson hides under his desk from “controversy” (AKA his duty).

      No I would petition the judicial oversight committee of the federal court…maybe present them with a writ.

    9. Pingback: Caledonia Lawsuits – R. v. Gary McHale (Counselling Mischief Not Committed) « Caledonia Victims Project

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