Category Archives: FantinoGate

Regional News (Caledonia): Fantino nomination ‘bloody disgraceful’

Regional News reporter Bill Jackson takes notes at Oct 13/10 Caledonia debate

Regional News reporter Bill Jackson takes notes at Oct 13/10 Caledonia debate

Reporter Bill Jackson, himself a victim of an assault by native protesters in Caledonia, provided this editorial comment in the Oct 20/10 edition of the Caledonia-based Regional News, which serves Haldimand County:

Regional News – Comment [PDF]
by Bill Jackson
Oct 20/10

I echo the sentiment urging people to get out on Oct. 25 and exercise their democratic right as voters. It is a trite cliché, but nonetheless true. A strong voice is needed in Haldimand now, more than ever.

Yet it’s easy to understand how people have lost their faith in government, especially when someone like Julian Fantino gets nominated as a candidate for the federal Conservatives. After years of lawlessness and two-tiered justice in Caledonia under his watch, countless letters and phone calls pleading with upper levels of government to do something to protect local residents, and Conservatives themselves saying that the province needed to uphold the law, it’s bloody disgraceful. Prime Minister Stephen Harper, local MP Diane Finley and the entire federal Conservative Party should be ashamed. There’s simply no way around it.

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Response to pro-OPP comments by Haldimand councillor/Police Services Board Chair Lorne Boyko in Hamilton Spectator

REVISED July 15/10 — Lorne Boyko, Councillor Ward 6, Chair of Police Services Board, Haldimand CountyHaldimand Councillor/Police Services Board Chair Lorne Boyko has not responded to the questions I submitted to him last week about his comments to a Hamilton Spectator reporter, so I will provide a counter-point to his view that OPP racial policing is legitimate based on his understanding of the Constitution and the Ipperwash Inquiry report.

Councillor Lorne Boyko, chairperson of the Haldimand County Police Services Board, said he was “delighted” when he heard Deputy Commissioner Lewis had become Fantino’s replacement. He said he has always been approachable and believed it was “a plus” in the county’s favour Lewis got the job because he is familiar with the Caledonia dispute. Asked if he believed there was two-tier justice, Boyko cited the Ipperwash Inquiry report and said: “Are (natives) dealt with differently? Sure they are dealt with differently. Does the Constitution deal with them differently? Whether we like it or not, it does. … Anybody who takes the time. It’s there.” He said he “personally liked” Fantino and said, while the county had a couple of bumps with him, “You knew where he stood in a very short time. And he stood behind his decisions.”

CALEDONIA FACTS VS. MYTHS: CHRIS LEWIS, THE IPPERWASH INQUIRY AND THE RULE OF LAW 

1. Boyko “delighted” at appointment of Chris Lewis: Lorne Boyko has expressed his ‘delight’ at the appointment of a man who was once charged with Obstructing Justice in the prosecution of Gary McHale for Counselling Mischief Not Committed, a charge laid after Lewis received instructions from his predecessor Julian Fantino to get Gary McHale and not to “get bogged down with legal nuances” doing it:

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Copy of ‘Obstructing Justice’ charge order vs. now-OPP Commissioner Chris Lewis

Justice Walsh's signed order that former OPP Deputy Commissioner and Superintendent Ron Gentle face Obstructing Justice charges. Click to enlarge.

Justice Walsh's signed order that former OPP Deputy Commissioner and Superintendent Ron Gentle face Obstructing Justice charges. Click to enlarge.

Gary McHale has supplied VoiceofCanada with a copy of the charge order (called an ‘information’) signed on Feb 16/10 by Justice of the Peace Walsh after he ruled McHale had presented sufficient evidence to charge former Deputy Commissioner Chris Lewis and Superintendent Ron Gentle with Obstructing Justice in the case against him. 

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Senior OPP officers charged w/Obstructing Justice in McHale case

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RELATED STORIES:

UPDATE April 14/10: Gary McHale advises that, as expected, the Crown today dropped the charges against Deputy Commissioner Lewis and Superintendent Gentle after fast-tracking the hearing from April 28th to today. The Crown dropped the charge without even consulting the victim of the alleged obstruction of justice – McHale who expects to apply for a judicial review in Superior Court.

(UPDATED July 07/10) Gary McHale has confirmed that in a hearing before a Cayuga Justice of the Peace today (March 16/10), he presented sufficient evidence to convince the Justice to order that charges of Obstructing Justice be issued against OPP Deputy Commissioner Chris Lewis and Superintendent Ron Gentle for their role in having him arrested after a Dec 01/07 protest where he and other non-native protesters were attacked by Six Nations people supporting an illegal smokeshack.

139(2): Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Criminal Code of Canada, Part IV, OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE, Section 139(2): Obstructing Justice

CANACE’s Jeff Parkinson was the first to release this story:

Other media coverage:

The charges of attempting to obstruct justice against OPP Deputy Commissioner Chris Lewis and Superintendent Ron Gentle were laid by a justice of the peace in a Cayuga courtroom late yesterday — an occurence observers are calling “unprecedented.” […]

OPP spokesman Dave Ross said he could not comment because the force had not received any information about or confirmation of the charges yesterday.

McHale said Ross issued a summons for the two officers to appear in Cayuga court April 28.

The evidence

The evidence presented came from emails recently obtained by McHale via Crown disclosure after a nearly two year battle for full disclosure of all relevant evidence related to the charge of Counselling Mischief Not Committed laid against him in connection with the Dec 01/07 protest where he was viciously attacked.

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Fantino’s sworn testimony vs. Fantino’s emails

gary_hospital-dec01-07-small.jpgUPDATED 1513 Feb 04/10: So, who’s telling the truth – Gary McHale (L, in hospital after being attacked by Six Nations thugs Dec 01/07) or Julian Fantino? 

A casual reader of Fantino’s emails and those of other OPP officers might be forgiven for wondering if Fantino and his cohorts were simply a little over-zealous in an honest attempt to shut down a dangerous, violent criminal who was really the one responsible for terrorizing Caledonia, and NOT all those native occupiers who were caught on film committing crime after crime while police watched.  (See this document, too, and the legal cases here).

After all, we’re supposed to be able to trust the words of a police chief or commissioner, aren’t we? Well, see now, that’s the problem…

I’d like to give you some resources to help you decide, all on your own, if Julian Fantino is lying to the public and in his emails to try to silence a thorn in the side of McGuinty/OPP racial policing policies, or if he is really and truly just a good cop with a reasonable concern about a dangerous menace to the people of Caledonia and Six Nations named Gary McHale:

Fantino’s emails as quoted in the media 

Until recently, there was – with one notable,  yet unfortunate exception [INFO] – virtually zero investigative jounalism being conducted into the Caledonia situation, especially into the evidence gathered by Gary McHale and CANACE founders about OPP misconduct. Recently, two journalists of note did something quite novel: they met with us, listened to us and reviewed some of our documents. They were Christie Blatchford of the Globe and CBC National News investigative producer/reporter John Nicol. The Toronto Star also produced a short article after their pieces appeared.

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Ontario PC Party calls for outside prosecutor after Fantino charge dropped

UPDATE – VoC, Feb 06/10: MPP Toby Barrett: “The people of Ontario deserve an explanation.”

tim_hudak_ontario_mpp_erie-lincoln.jpegUPDATED 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:

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

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CBC News stories vindicate CANACE founders

UPDATED Feb 04/10 — CANACE is pleased to announce that on Feb 02/10 investigative reporter John Nicol of the CBC National News published two important stories about our work.

The first focuses on how we came to have OPP Commissioner Fantino charged with a criminal offence:

Both the cops and the Six Nations people believed McHale and Vandermaas were agitators bent on encouraging unrest. Some even went so far as to accuse the pair of being white supremacists who didn’t like the province’s handling of the native demands. But anyone who believes in justice being open and transparent might just consider them heroes with what they’ve accomplished so far in Ontario courts.

Where the police have turned a blind eye, they have shone a spotlight and laid private charges, with astonishing success. To date, they have won four cases in Superior Court and now — against serious odds — have succeeded in laying criminal charges against OPP Commissioner Julian Fantino, the province’s top cop, for influencing or attempting to influence municipal officials.

CBC News, Feb 02/10: The 2 men who are putting a police chief on trial [PDF]

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McGuinty shows contempt for judge’s decision in Fantino charge

UPDATES: 

First ‘Two Tier Justice,’ now ‘Two Tier Criminal Codes’?

The Toronto Star is reporting today that when Ontario Premier McGuinty was asked if Julian Fantino will step down now that he is charged with influencing municipal officials he said he will not. The Premier also downplayed the charge against Fantino by misleading the public into believing that the charge is somehow legally insignificant or lesser of a charge because it was filed by McHale through the private prosecution provisions of the Criminal Code:

McGuinty downplayed the allegations, saying he didn’t think Fantino should take a leave from his duties while the case progresses. “My understanding is that it’s a private information being put forward by a private citizen, it’s going to work its way through the courts and I’ll try to all that to take its normal course,” McGuinty said.

Toronto Star, Jan 12/10: No need for Fantino to step aside, McGuinty says [PDF, REPRINT]

Premier of Ontario shows contempt for Superior Court decision

The premier is deliberately misleading the public about the nature of the charge against Fantino and, in the process, is showing extraordinary contempt for the decision of a Superior Court judge who reviewed the evidence; rejected the government’s arguments and issued process for a charge that – according to an Osgoode Hall criminal law professor – “is no different than if filed by police,” according to a story published just today in the National Post which also points out the conflict of interest on the part of the government:

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Law professor: gov’t should appoint outside prosecutor for Fantino charge

UPDATES:

There were some important developments in the McHale criminal charge against Fantino:

  • McGuinty will NOT ask Fantino to step down.
  • The Attorney General has intervened to take over the case and to fast-track the hearing. Instead of the Feb 3rd date contained in the summons issued by the judge, the hearing will now take place this Friday, Jan 15/09  at 0900 at the Cayuga Courthouse, 55 Munsee Street, Cayuga (Haldimand).  [MAP].
  • Since it now appears that the AG is planning to stay the charges, Gary McHale has issued a CANACE news release warning the media about these developments, and the top legal reporter for the National Post has published a story quoting the opinion of Osgoode hall criminal law professor James Stribopolous who says the government should appoint an outside prosecutor due to the serious conflict of interests caused when the Crown opposed McHale in court. He also warns the government against staying the charge. He says that dropping the charge would create a very “unfortunate impression that Fantino received special dispensation.”
  • McHale also sent a letter yesterday to the AG asking them to confirm whether or not they plan to stay the charge.

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Christie Blatchford ends Fantino’s propaganda war vs. McHale

On Jan 08/10 the Globe & Mail’s Christie Blatchford effectively cleared CANACE co-founder Gary McHale’s name  and vindicated all who stood by him in the face of Fantino’s attempts to target him for arrest and smear him with false allegations of inciting violence and injuring police officers: 

As for Mr. McHale, despite Mr. Fantino’s clear efforts, as documented in emails and court transcripts, to “take him out” – that is, have him charged with something, anything – the only crime the OPP has charged him with is the novel “counselling mischief not committed. A date for the resumption of the preliminary hearing on that charge [against Fantino] has yet to be set. Mr. McHale, as he almost always does, will represent himself – a portly, bespectacled fellow who is nonetheless proving a spirited and sharp combatant.

Globe & Mail, Christie Blatchford, Jan 08/10: ‘Activist a nagging thorn in Fantino’s side‘ [PDFREPRINT

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I gotta feeling today’s gonna be a good day!

2inch_voc_logo-url.jpgUPDATED Jan 07/10 

 ‘Joy rising.’ That’s how I’ve been feeling lately (I’ll explain why below) and that’s how one of the 20,000 participants in this incredible, mindblowing, flashmob dance described his experience in surprising – and delighting – Oprah Winfrey as part of her 24th season kick off party held Sept 08/09  on Michigan Avenue in Chicago.   

The video below captures some of the feelings I’ve been having during the past few weeks thanks to the incredible developments in the struggle against race-based policing.    

 Black Eyed Peas, Oprah feeling/I Gotta Feeling, Sept 08/09, Oprah’s 24th Season Kickoff Party  – ‘the coolest thing EVER!’      

20,000 people suprise Oprah with help from the Black Eyed Peas. Click to visit Oprah's feature page to view video.

They are afraid! 

 If the video of Oprah’s surprise flash mob dance doesn’t warm your heart, maybe this will: Isn’t it nice to know that right now…as you’re reading this…frightened politicians, lawyers, OPP brass and their advisors, spin doctors and consultants are huddled behind closed doors in Orillia and Toronto wondering how it was that their plan to legitimize racial policing went so horribly off the rails, and are now trying to figure out how they can avoid losing their jobs and/or going to jail? Isn’t that a delicious thought?  

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Superior Court grants McHale application for Fantino charge

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UPDATES:

UPDATE: On Jan 08/10 Justice of the Peace Brown issued a summons [PDF, REPRINT] for Fantino to appear at the Cayuga Courthouse at 1000 on Feb 03/10 to answer the charge of Influencing/Attempting to Influence Muncipal Official. 

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On Dec 31/09 Justice Crane of the Superior Court of Ontario granted CANACE Executive Director Gary McHale’s application for an Order of Mandamus to compel a Justice of the Peace to issue process for a Criminal Code charge of ‘Influencing Municipal Official’ against OPP Commissioner Julian Fantino.

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EXPOSED: How the McGuinty gov’t refused to investigate criminal allegations against Fantino

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UPDATE March 17/10: Senior OPP officers charged w/Obstructing Justice in McHale case. 

UPDATE 1033 EST June 18/09: Additional court evidence supports  allegations in Part 1 of Fantino complaint:

UPDATE 1031 EST Feb 19/09: as of yesterday, our complaint to the Minister (right) had been downloaded over 5,600 times.

UPDATED 1534 EST Jan 23/09

This article explains how the McGuinty government refused to investigate allegations of criminal conduct by OPP Commissioner Julian Fantino, following which lawyers for the Attorney General of Ontario then used the complaint document in what would prove to be a spectacularly unsuccessful attempt to impugn the motives of CANACE founders during criminal and civil proceedings in unrelated actions.

The consequences of their failure will have far-reaching benefits to us and to the victims of Caledonia. One benefit is that this story can now be told…

Allegations against Commissioner Fantino

On May 30/08 I filed a 71 page complaint on behalf of Gary McHale, Jeff Parkinson and myself with the Minister of Community Safety and Correctional Services Rick Bartolucci asking for an RCMP investigation into the evidence in our possession that we believe supports the laying of 3 Criminal Code charges against OPP Commissioner Julian Fantino:

  • Obstruction of Justice, s.139
  • Influencing Municipal Official, s.123
  • Breach of Trust by Public Officer, s.122

Police Services Act complaint, May 30/08: Vandermaas-McHale-Parkinson v. Fantino

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McHale submits ‘smoking gun’ Fantino email to Hamilton court

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UPDATE 1343 EST Nov 08/08: Gary McHale has received another email written by OPP Commissioner Julian Fantino regarding his arrest, this one more shocking and damaging to the OPP than the one described below. See, ‘Crown turns over another ‘smoking gun’ Fantino email to McHale.’

UPDATED 1354 EST Oct 18/08:

Just two days after completing an exhausting election campaign in Haldimand-Norfolk in which he received nearly 5,000 votes from people who support his call to end race-based policing and landclaim lawlessness Gary McHale submitted the ‘smoking gun’ evidence to a Hamilton judge that proves Fantino personally ordered him to be targetted in connection with the Dec 01/07 confrontation at the illegal Caledonia smoke shop that sent McHale to the hospital.

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Details on protest at Fantino’s home

t-shirt_free-caledonia-now_sep22-07.jpgYork Regional Police – a breath of fresh air! 

Gary and Christine McHale met with York Regional Police yesterday to work out the details for our protest at Julian Fantino’s home scheduled to take place on Sunday.  They brought with them a copy of the 1993 Supreme Court decision in the case of Ramsden v. Peterborough.

According to Gary, the York officers made it clear that they had two objectives in mind: 1)to ensure that no one will be allowed to “interfere with our Charter rights of Free Speech” (their words, not Gary’s) and 2) Keep the peace.  Apparently, they agree 100% that the Supreme Court has ruled on the issue of hanging objects on public utility poles and citizens’ rights to conduct peaceful protests.

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