MPP Toby Barrett: “The people of Ontario deserve an explanation”

Haldimand-Norfolk MPP Toby Barrett sent out a news release yesterday that followed up on the strong PC Party statements of Feb 03/10 regarding the dropping of the charge against OPP Commissioner Julian Fantino. (PDF copies are available below):

Caledonia update – is there a conflict of interest in Fantino case

by Toby Barrett, MPP, Haldimand-Norfolk, Feb 05/10

Toby here,

As you may know, we in the Ontario PC Caucus, and people from across Haldimand, have criticized the fact that the Crown has seen fit to drop charges against Julian Fantino.

I continue to join Opposition Leader Tim Hudak in maintaining our stance that this matter should have been referred to an outside Crown Attorney (as we saw in the Michael Bryant case) to prevent a conflict of interest.

In my view, the Attorney General’s failure to assign an independent Crown Attorney has diminished the public’s trust in our justice system. The people of Ontario deserve an explanation.

For your information please find below statements by Tim Hudak and our Attorney General Critic Ted Chudleigh in provincial media and online (full articles attached):

Quotes:

“Bring in an outside prosecutor so people know there’s objectivity”, said Progressive Conservative Leader Tim Hudak (The Canadian Press – 02.04.10)

“Otherwise, quite frankly, we’re going to wonder why he’s had Crown attorneys arguing both sides of this case,” Hudak said. “We need objectivity.” (The Toronto Sun, 02.04.10)

“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,” said Ted Chudleigh, Tory justice critic.( National Post – 02.04.10)

<<Charges against Fantino dropped 02.04.10.doc>> <<fantino’s dropped charge raises ire 02.04.10.doc>> <<Gary McHale says the Crown did not have the right….doc>>

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Mr. Barrett’s release came attached with three documents:

• MPP Toby Barrett release, Feb 05/10: Caledonia update – is there a conflict of interest in Fantino case [PDF]
• Legislative Library filing: National Post, Feb 04/10: Charges against Fantino dropped; No Conviction Possible [PDF]
• Legislative Library filing: Toronto Sun, Feb 04/10, Fantino’s dropped charge raises ire; Case lacked ‘objectivity’ [PDF]
• Canadian Press, Feb 04/10: Gary McHale says the Crown did not have the right to withdraw the charge against OPP Commissioner Julian Fantino. [PDF]

VoC Comment

I thank Mr. Barrett (R), Mr. Chudleigh and the PC Party Leader Tim Hudak (top) for the party’s strong stand. The issue of an independant justice system is not one of politics or government policy. It is a matter of protecting the rights of all Canadians from political abuses of the type we have seen at the hands of the McGuinty government and the OPP. 

In his decision on McHale v. R., 2009 the late David Marshall quoted one of the fathers of the U.S. Constitution Alexander Hamilton on this very subject:

[46] Indeed, Alexander Hamilton wrote in The Federalist Papers at page 78: “Considerate men…ought to prize whatever will tend to…fortify that temper in the courts (independence); as no one can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer today.”

Justice David Marshall, July 02/09: McHale v. R., 2009

It is comforting indeed to know that the entire PC caucus is seized of this most vital of issues.

Mark Vandermaas, Editor
VoiceofCanada.ca
info@voiceofcanada.ca

References

• VoiceofCanada, Feb 03/10: Ontario PC Party calls for outside prosecutor after Fantino charge dropped
• VoiceofCanada, Feb 04/10: Fantino’s sworn testimony vs. Fantino’s emails
• CaledoniaWakeUpCall.com feature: FantinoGate
• CD98.9 FM, Feb 06/10: Barrett says out of province Crown should have been called in [REPRINT]
• 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