National Post: McGuinty gov’t ‘deserves stern rebuke from highest court available’

friends-of-np-large-banner.jpgThe National Post editorial board has issued a notable commentary on the Brown-Chatwell settlement and the cowardice of the McGuinty government in refusing to enforce the law:

The government cannot decline to enforce the law and protect its citizens simply because it might anger a certain segment of society or create an uncomfortable political situation. (…) Men and women who lack the stomach to enforce the law, always and equitably, have no business holding public office. That’s the real lesson of Caledonia.

National Post editorial board, Jan 02/09: It’s simple, really. Enforce the law.  PDF  REPRINT

Their editorial captures the essence of the government’s nearly criminal indifference to the suffering of non-native victims in Caledonia.

I would – as always – like to remind readers that native people have also been victimized by OPP racial policing:

“A most unsatisfying outcome”

The Post rightly observes that while they understand why both Brown and Chatwell, and the Ontario government decided to settle the agreement does have some drawbacks: 

For society at large, however, this [settlement agreement] is a most unsatisfying outcome. The Liberal government has never been able to argue coherently, in or out of court, against Mr. Brown’s and Ms. Chatwell’s basic version of events: that their family and home were abandoned to the caprices of often-intimidating protesters whose appalling conduct the police refused to … well, to police. This shocking abdication of the government’s most basic responsibilities deserves a stern rebuke from the highest court available: The government cannot decline to enforce the law and protect its citizens simply because it might anger a certain segment of society or create an uncomfortable political situation.

SIDENOTE: Interestingly, this is pretty much what the U.S. Supreme Court said last June when it declared race-based decision-making that denied white and Hispanic firefighters promotion opportunities was unconstitutional:

“…a reasonable jury could easily find that the City’s real reason for scrapping the test results was not a concern about violating the disparate-impact provision of Title VII but a simple desire to please a politically important racial constituency.”

VoiceofCanada, July 16/09: U.S. Supreme Court: race-based decision-making vs. whites unlawful 

Evidence we won’t get to hear…or will we?

The Post laments the settlement based on their belief that Canadians will now not be able to hear evidence that could result in a humiliating court ruling against the Ontario government:

We weren’t going to get that satisfaction from the civil suit, of course, but a humiliating finding against the government and in Mr. Brown’s and Ms. Chatwell’s favour would have been gratifying. Now we won’t get it. And we won’t hear allegedly damning testimony from OPP officers that they had indeed been given orders to stand back and let events unfold as they may. That testimony, which was to be heard next week, is the best explanation available as to why the government suddenly decided to settle.

Good news for the Post and for Canadians!

1. The Caledonia Class Action lawsuit, by Caledonia lawyer John Findlay, could be certified at any time. He is awaiting a judge’s ruling that will allow the case to proceed.  

sam-gualtieri-stirling-assault0001.jpg2. Sam Gualtieri’s $5M lawsuit – also by John Findlay – against the OPP/Ontario government for injuries resulting from his devastating attack by native thugs in 2007 is in progress.

3. Gary McHale has just won his fourth victory in Superior Court with an order that OPP Commissioner Julian Fantino be charged under the Criminal Code for allegedly intimidating Haldimand councillors.

4. Gary McHale has a case before the Ontario Court of Appeals (appealed by the Crown) that, if the lower court decision in his favour is upheld, could result in charges against several senior government employees. Media can contact him at for copies.

5. Gary McHale has a case before the Ontario Divisional Court that addresses alleged extreme bias in the Attorney General’s office in favour of native accused, and against CANACE activists. A Superior Court judge thought the case was so important that it needed to be heard by a 3 judge panel. Again, media can contact him for copies.

6. Gary McHale’s own criminal case (Counselling Mischief Not Committed) is still before the Courts and has already yielded exactly the kind of testimony the Post wishes for, including testimony from an OPP officer confirming the existence of racial policing; testimony from Mayor Trainer about racial policing and how Monty Kwinter cleared Fantino before his own investigator had even finished his report; and how Julian Fantino ordered his officers not to “get bogged down in legal nuances.” McHale has transcripts of it all.

7. Gary McHale and I still have outstanding complaints before the Human Rights Tribunal of Ontario which will be heard once our civil cases for wrongful arrest (we dared to try to raise a Canadian flag across from the occupied Douglas Creek Estates!) have been disposed of. Our OHRC complaints seek no money, only a list of remedies to ensure that racial policing is ended forever.  Media can contact me for copies at

8. Gary McHale and I have an outstanding case before the Small Claims Court vs. Julian Fantino re alleged defamation. Canadians can read for themselves just how far Fantino and the OPP went to smear non-native activists with false allegations that we were involved in violent activities.

9. jeffparkinson-dec01-07.jpgFellow CANACE co-founder Jeff Parkinson recently filed a lawsuit against the OPP/Ontario government for injuries suffered during a smokeshack protest he was filming on Dec 01/07.  An OPP officer testified that he was “alarmed” at the lack of OPP resources for the protest.

10. A public inquiry into Caledonia is inevitable, and the evidence will be overwhelming and it will be damning.

11. The shocking evidence of the Ipperwash Inquiry cover-up and how it was deliberately misused by the Liberals to justify policing policies that victimized Caledonia is available right now in this fully-referenced report: McGuinty’s Ipperwash Cover-Up: The Caledonia Legacy.

The Brown/Chatwell case is an important one in that it captured the media’s imagination and sympathy, and exposed important evidence that will now be available for other cases.  So, cheer up, National Post – there’s a lot of potential for governmental humiliation to go around for everyone!

Globe & Mail comments on Brown-Chatwell

 …as Judge Bielby heard, in practice the policy led to bald-faced two-tiered policing – strict, arguably over-enforcement of the law for non-natives, virtually none for natives – which infuriated Caledonia residents and emboldened the most lawless of the protesters. (…)

Sometimes, all that kept Mr. Brown and Ms. Chatwell from madness was what Mr. Bordine yesterday called “the hope the system holds out” for those who have no other hope. “It’s a wonderful thing,” Mr. Bordine said, and it is. In this case, though the trial didn’t go to completion, it nonetheless wrung a measure of justice from what the American philosopher Henry David Thoreau once called the half-witted state, “as timid as a lone woman with her silver spoons.”

Globe & Mail, Dec 31/09: For Caledonia couple, the occupation is finally over  REPRINT

Mark Vandermaas, Editor


One response to “National Post: McGuinty gov’t ‘deserves stern rebuke from highest court available’

  1. “Men and women who lack the stomach to enforce the law, always and equitably, have no business holding public office. ”

    I believe I said something akin to this 3 years ago. CANACE exposed the rot, the NP published most of it and now it’s up to us to ensure every incumbent Liberal MPP that sat still for McGuinty’s perversion of the rule of law in Caledonia be turfed from office. Then investigated and indicted as facts become available linking them to this civil atrocity.

    Great way to start the decade off Mark. This will be the people’s decade – the decade corrupt, malfeasant and unconstitutional officialdom will stand trial for their crimes against the citizens of Caledonia and Ipperwash.

    Its time citizens started suing government officials for damages caused by their illegal or corrupt actions . Caledonia has been long overdue to launch a class action suit against McGuinty. This is the year?

    VoC REPLY: Thanks for the compliment, Wild Bill. Although Haldimand Council has completely abdicated its responsibility to hold McGuinty & the OPP legally accountable, thanks to Caledonia lawyer John Findlay, Caledonia already has a class action lawsuit in the works that is – we think – just weeks, if not days, away from certification. Check out the top listing on this VoC feature page: Caledonia Lawsuits. It’s a shame that individual citizens must bear the cost and risks and stress of defending the rule of law in Canada against those who had the responsibility to do it for us!

    Regards, Mark

    P.S. Not to be contrary or ungrateful to the Post, but they haven’t scratched the surface of the stories and evidence we have.