UPDATE – VoC, Feb 06/10: MPP Toby Barrett: “The people of Ontario deserve an explanation.”
UPDATED Feb 04/10 — As expected, the Crown Attorney assigned the task of ‘prosecuting’ Julian Fantino dropped the charge of Influencing Municipal Official today against the OPP Commissioner via a prepared statement he read to the court. Gary McHale will be filing a judicial appeal of that decision. He has just issued a news release to the media:
- CANACE news release, Feb 03/10: Crown Violates the Fundamentals of Justice
- Attorney General of Ontario, Feb 03/10: Statement to Court re dropping of Fantino charge [PDF]
Tim Hudak & PC caucus sound the alarm
CHTV’s 2pm newscast included a strong statement from PC leader Tim Hudak on behalf of the PC caucus which called on the McGuinty government to call in an outside prosecutor in order to not only see justice done, but to preserve the “appearances of justice being done”:
“What we have called for as a PC caucus is for a prosecutor from outside the province to take a look at the evidence and that way people in Caledonia and across our province know that it was done with objectivity. Here’s the problem…I mean first you have Dalton McGuinty’s Crown Attorneys arguing that the case shouldn’t proceed, then other Crown Attorneys were put in charge of prosecuting the case. Now we hear they’re dropping the charges. We need to see not only that justice is done, but all appearances of justice being done.”
CHTV News (1400), Feb 03/10: PC Leader Tim Hudak
My very reliable source at Queen’s Park tells me that MPP Toby Barrett was also part of the media scrum, commenting on the dropping of the charge against Fantino. I don’t have video of his statements yet, but will update this post if/when they become available. Thanks Toby.
PC Party news release
The PC Party has also issued a news release to the Queen’s Park media:
CHUDLEIGH CALLS FOR MCGUINTY TO EXPLAIN FANTINO MATTER
(Queen’s Park) – Today Ted Chudleigh, MPP (Halton) and PC Critic to the Attorney General, questioning how the Crown handled the charge against OPP Commissioner Julian Fantino and noting the failure of the Attorney General to assign an independent Crown Attorney, called on Dalton McGuinty to explain to Ontarians why the charge against Fantino was withdrawn.
Chudleigh would not comment on the allegations against Fantino; however, he noted, “The PC Party called on the Attorney General to assign a Crown Attorney from outside the Province to this case. This would have been consistent with the Attorney General’s decision with Michael Bryant’s file. It would have helped to ensure public trust in our justice system.”
With allegations concerning a conflict of interest within the Ministry of the Attorney General and in light of the Crown’s handling of this matter public confidence in, and respect for, our justice system has been threatened.
“Eyebrows are being raised as a result of the Crown’s handling of this matter. The law must be applied equally to all and it must be applied in a fair and transparent manner. The Attorney General’s failure to assign an independent Crown Attorney to this file has threatened these fundamental principles of justice,” added Chudleigh.
“Dalton McGuinty and the Attorney General owe the people of Ontario an explanation. The rumour mill must be put to a stop and confidence in our justice system reinforced.”
Globe & Mail, Adam Radwanski blog, Feb 03/10: The ‘Fantino’ matter
Thank you Tim Hudak, Ted Chudleigh, Toby Barrett and the PC Party
The photo on the right is of Toby speaking at Gary McHale’s inaugural March for Freedom on Oct 15/06. While every other politician in Ontario was crying that the sky would fall in if non-natives marched peacefully to demand equal justice, Toby Barrett took the podium and spoke, and Tim Hudak – long before becoming the PC Party leader – was the lone voice to criticize the Ontario government for its tolerance of native lawlessness while criticizing McHale for organizing a peaceful protest by non-natives. He was quoted in a Canadian Press story (for which I do not have a link) that was reported by VoiceofCanada:
“…Conservative Tim Hudak said the government is ignoring the situation and needs to end the ongoing occupation. The rally shows town residents have had enough, he said. “People are not only angry, they’re damn angry,” Hudak said. “It’s an incredible double standard. On the one hand, the premier is against this rally but it’s carte blanche for the occupiers on the occupied site.” The province shouldn’t continue negotiating with Six Nations as long as the protesters remain on the site, Hudak said. “There is no reason for that occupation to continue,” he said.
as quoted in VoiceofCanada, Oct 12/06: Ontario MPP Tim Hudak – a leader emerges to tell the truth about Caledonia and the March for Freedom
I think I speak for many of us engaged in the struggle to restore the rule of law and a sense of reality to Ontario’s justice system when I say thank you to Tim Hudak, Ted Chudleigh, Toby Barrett and the PC caucus as a whole for taking a strong stand on the determination of the Attorney General’s office of Ontario in ensuring that Julian Fantino is not held accountable for his actions.
Political interference to cover up for Fantino’s outrageous conduct
This is now the third time that McGuinty and his cronies have covered for Fantino. The former minister of Community Safety and Correctional Services Monty Kwinter cleared Fantino of the email threat vs. Haldimand Council in 2007 without even waiting for his own consultant to finish his report as to how to proceed with the complaint. The present minister Rick Bartolucci refused to even ask us for the evidence after we submitted a May 30/08 complaint asking him to call in the RCMP to investigate 3 separate criminal allegations vs. Fantino (including the one the Crown just dropped).
And now, after the premier publicly downplayed the Superior Court-approved charge because it was initiated by a private citizen, and after the premier appointed the same minister to oversee both the Attorney General ministry and Aboriginal Affairs; and after the Attorney General sent 3 lawyers to argue – unsuccessfully – against the charge – it is now dropped.
Can there be any doubt that if Julian Fantino had been threatening native councillors on Six Nations not to show support for a peaceful, non-native activist challenging policing policies that allowed Caledonia thugs to attack innocent native people with the full support of the OPP that he would have been gone back in 2007? This irrational support for Fantino by the McGuinty government shows just how far racial policing has gone, and just who is really behind it all.
Obstruction of Justice by OPP?
Not only did the Crown drop the charge against Fantino it did so just as the disgusting details about how the OPP ordered McHale to be charged in order to appease native radicals even though they had no evidence he had committed a crime:
- CBC News, Feb 02/10: Ont. top cop pushed for charges against protester [PDF]
- Globe & Mail, Feb 02/10: OPP’s chief’s pursuit of activist laid bare in emails [PDF]
- Toronto Star, Feb 03/10: Julian Fantino’s emails focus on activist [PDF]
IMPORTANT: Keep in mind while reading excerpts of Fantino’s emails in which he claimed McHale was a danger that Fantino himself testified on Nov 26/08 the OPP did not charge McHale with a crime prior to Dec 01/07 “for the lack of evidence” because they “don’t charge people frivolously.”
See the CANACE quick reference evidence guide below for a summary of Fantino’s emails & testimony (and others) and links to court transcripts. Note that this guide does not contain the most recent emails cited by the CBC and Globe stories above as we are not ready to release them to the public. Bonafide media outlets, however, can receive a copy of all emails by contacting either Mark Vandermaas, 519.457.0709, email@example.com; or Gary McHale, 289.286.0423, firstname.lastname@example.org. I strongly suggest that journalists also see the Resources for Journalists on the CANACE website:
- CANACE reference doc, Feb 01/10: Journalist’s Quick Reference Evidence Guide [PDF, 9p]
- CANACE reference feature: Race-Based Policing
The latest emails (as cited by the CBC) also show Fantino was keeping Deputy Minister Deborah Newman informed about the progress of laying a charge against McHale. This is the same Deborah Newman who wrote to me rejecting my May 30/08 complaint in which I asked the minister to call in the RCMP to investigate Fantino. You can read her letter and other documents – including the original complaint – here:
- Deputy-Minister Deborah Newman letter to Mark Vandermaas, July 18/08: Dismissal of Fantino complaint [PDF]
- VoiceofCanada, Jan 21/09: EXPOSED: How the McGuinty gov’t refused to investigate criminal allegations against Fantino
There is no doubt whatsover that Julian Fantino and the OPP – following his orders – decided to get Gary McHale charged with an offence. I renew the call we originally made of both the OPP and Minister Bartolucci that the RCMP be called in to investigate the conduct of the OPP officers involved in this shameful affair to see if their conduct warrants a charge of obstructing ‘or otherwise perverting’ the course of justice. Clearly, neither the government nor the OPP is even remotely capable of investigating itself. That was proven beyond all doubt today.
This story is absolutely exploding in the media and even we are unable to keep up with all the news reports. Gary McHale has been interviewed all day at the court house, at CHTV (for 5:30 Live – see link below) and in his home. The 6pm CH News was simply terrific with Al Sweeney chasing the Crown Attorney asking superb questions along the lines of ‘why don’t you let a judge rule on the evidence?’ Bravo Al!
- CaledoniaWakeUpCall.com blog (Jeff Parkinson), Feb 03/10: Al Sweeny exposes Crown in awesome CH newscast
Here are links to TV coverage:
- CBC, Feb 03/10: http://www.dailymotion.com/video/xc3ns6_100203-cbc-news-fantino-mchale_news
- CH Noon, Feb 03/10: http://www.dailymotion.com/video/xc3l4u_100203-ch-noon-fantino_news
- CH 2:30, Feb 03/10: http://www.dailymotion.com/video/xc3kw2_ch-news-100203-2pm-news-on-fantino_news
- CH Live at 5:30, Feb 03/10: http://www.dailymotion.com/video/xc3n7p_100203-ch-live530-with-gary-mchale_news
- CH 6pm, Feb 03/10: http://www.dailymotion.com/video/xc3nkl_the-greatest-ch-newscast-of-all-tim_news
Christie Blatchford took on Fantino and his buddy CFRB journalist Bill Caroll on AM1010; we’re working on trying to get a recording of that exchange. Readers may have the pleasure of another hard-hitting story from Blatchford on Friday re the dropped charge. Be sure to see the CBC stories by investigative reporter/producer John Nicol that helped break this story here:
- CANACE news, Feb 03/10: CBC National News stories vindicate CANACE founders
- VoiceofCanada, Feb 06/10: MPP Toby Barrett: “The people of Ontario deserve an explanation.”
- CaledoniaWakeUpCall.com feature: FantinoGate
- VoiceofCanada, Feb 04/10: Fantino’s sworn testimony vs. Fantino’s emails
- VoiceofCanada, Jan 03/10: Superior Court grants McHale application for Fantino charge
- VoiceofCanada, Jan 12/10: Law professor: gov’t should appoint outside prosecutor for Fantino charge
- CANACE reference feature: Race-Based Policing