BULLETIN: Ontario Court of Appeal sides with McHale re private prosecutions

The Court of Appeal for Ontario has just released a unanimous decision upholding Justice Marshall’s decision in McHale v. R., 2009 which was appealed by the Crown after Marshall ruled it did not have the authority to withdraw charges against several government employees before McHale could present the evidence.

The decision upholds a ruling by Justice Marshall in which he emphasized the importance of the case McHale was bringing before the Court by quoting from the Law Reform Commission of Canada and thinkers such as Glanville Williams and Alexander Hamilton, one of the fathers of the U.S. constitution.

For copies of the ruling and additional commentary, please see:

Mark Vandermaas, Editor


3 responses to “BULLETIN: Ontario Court of Appeal sides with McHale re private prosecutions

  1. Way to go Gary!! I can empathize with you, and can appreciate the tenacity it takes to fight a David & Goliath battle. We may be little and we may not always win but we will keep fighting for what we perceive as justice.

    Will certainly be watching to see how this all plays out. Best wishes.

    VoC REPLY: I’ll pass on your thoughts to Gary. The momentum has certainly shifted towards those of us fighting against the evils of racial policing. Enjoy the news because there’s more coming – some we can’t talk about. No promises, but I suspect that everyone who supported us is going to be vindicated before the year is finished. Thanks for writing, Merv. Regards, Mark

  2. Hi Mark

    Obviously , I have the same problem with spelling as Gary reportedly does . I meant that I can ” emphathize” with Gary and the problem of an uneven fight as I am currently experiencing the same frustrations with the police and the courts. I do “emphasize” that I admire his tenacity.
    I enjoy your reporting , Mark, – keep up the good work!

  3. Dear Mark,
    Wonderful news for the little guy.
    I am so proud of all of you in this fight for equal representation in regards to the laws of this land.
    We have suffered decades now of detrimental policing practices, fully condoned by cowardly governments. I await the return of Justice for all in the Province of Ontario.
    Thank You