Toronto Star gets critical facts wrong on Fantino Caledonia charge

“No wonder Governments are not afraid of the public – when the media cannot hold the Crown accountable then the public will never understand the issues.” Gary McHale, Oct 06/10

According to the Toronto Star…

A local activist, Gary McHale, filed private charges against Fantino, alleging he had attempted to influence municipal politicians, but it took a court in Cayuga a mere 20 minutes to dismiss the allegations.

McHale had alleged that an email Fantino sent to the Haldimand County mayor in 2007 constituted a threat. The court disagreed.

• Toronto Star, Oct 06/10: Veteran cop Julian Fantino picks a political firing line [PDF]

Message for federal Conservatives: Fantino as candidate = slap in the face to Caledonia victims

My message to the federal Conservative Party regarding the possibility that former OPP Commissioner Julian Fantino may seek the nomination for the party (images shown below were not included in my email):

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Sept 17/10

Dear Conservative Party of Canada:

1. I am writing to you as a lifelong Conservative supporter who gave up my career as a real estate broker 4 years ago to work full time as a volunteer trying to stop violence and OPP racial policing in Caledonia. I am the founder of the Caledonia Victims Project and editor of VoiceofCanada.ca. You can view my Caledonia ‘resume’ here:

• http://caledoniavictimsproject.wordpress.com/about-3/resume-mark-vandermaas-2/

The story of Caledonia (and our work in speaking out for its victims) will be told in Christie Blatchford’s upcoming book, HELPLESS: Caledonia’s Nightmare of Fear and Anarchy, and How the Law Failed All of Us which will be released Oct 26/10. You can read more about it here:

• http://caledoniavictimsproject.wordpress.com/2010/09/03/helpless-christie-blatchfords-caledonia-book-ready-for-pre-order/

Ontario NDP leader calls for Fantino to step aside

I haven’t seen the show myself but Gary McHale called to tell me that NDP leader Andrea Horwath was on Cable 14 (Hamilton) yesterday and renewed her call for Fantino to step aside. This is in keeping with her position prior to the Attorney General withdrawing the charge against the commissioner on Feb 03/10.

The past six weeks have been a whirlwind and one of the important stories I didn’t have a chance to comment on was the strong position of Ontario’s NDP leader Andrea Horwath had taken on the Fantino criminal case prior to withdrawal of the charge.

On Jan 13/10 Horwath’s call for Fantino to step down was the title of this Hamilton Spectator story:

The New Democrats say McGuinty’s loyalty to Fantino is misplaced and the commissioner should be told to step down until the charge is dealth with in court.”

Hamilton Spectator, Jan 13/10: NDP urge OPP boss Fantino to step aside until charge dealth with [PDF]

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.

Fantino’s sworn testimony vs. Fantino’s emails

UPDATED 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.

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.”

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

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]

McGuinty shows contempt for judge’s decision in Fantino charge

UPDATES: 

• CANACE co-founder Jeff Parkinson, CaledoniaWakeUpCall blog, Jan 13/10: Ontario government set to cover for Fantino again?
• CD98.9fm, Jan 13/10:  NDP justice critic Peter Kormos says McGuinty is wrong to dismiss allegations [PDF]
• Hamilton Spectator, Jan 13/10: Fantino case before Cayuga court on Friday [PDF]
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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:

• National Post, Jan 11/10: Ontario to appoint Crown to prosecute OPP Chief (Law professor re gov’t conflict of interest) [PDF, REPRINT]
• VoiceofCanada, Jan 12/10: Law professor: gov’t should appoint outside prosecutor for Fantino charge
• CANACE news release, Jan 11/10: Fantino already receiving Preferred Treatment
• VoiceofCanada, Jan 03/10 (updated): Superior Court grants McHale application for Fantino charge

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

UPDATES:

• CD98.9fm, Jan 13/10:  NDP justice critic Peter Kormos says McGuinty is wrong to dismiss allegations [PDF]
• Hamilton Spectator, Jan 13/10: Fantino case before Cayuga court on Friday [PDF]
• VoiceofCanada, Jan 12/10: McGuinty shows contempt for judge’s decision in Fantino charge
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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.

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‘ [PDF, REPRINT] 

Superior Court grants McHale application for Fantino charge

UPDATES:

• Jan 13/10: NDP justice critic Peter Kormos says McGuinty is wrong to dismiss allegations [PDF] (CD98.9fm story)
Hamilton Spectator, Jan 13/10: Fantino case before Cayuga court on Friday [PDF]
VoiceofCanada, Jan 12/10: McGuinty shows contempt for judge’s decision in Fantino charge
VoiceofCanada, Jan 12/10: Law professor: gov’t should appoint outside prosecutor for Fantino charge
VoiceofCanada, Jan 10/10: Christie Blatchford ends Fantino’s propaganda war vs. McHale
• AG letter to McHale, Jan 11/10: Crown intervenes to move Fantino criminal hearing from Feb 03 to Friday, Jan 15/09 at 0900 at Cayuga courthouse, 55 Munsee St., Cayuga. [MAP]
• National Post, Jan 12/09 [PDF]: 1. Osgoode Hall law professor says gov’t has conflict of interest and should appoint Crown from outside province, and that dropping the charge would create a very “unfortunate impression that Fantino received special dispensation.” 2. Government will NOT be asking Fantino to step down.
• A spirited rebuttal by blogger ‘Dead Reckoning to a TorStar column defending Fantino’s handling of Caledonia: More Caledonia nonsense from the Toronto Star. (Maybe the Star’s columnist should read his own paper’s editorial from Dec 21/06: Time for a reality check on Caledonia, link available inside this VoC post: ‘History has been made this week! Toronto Star & St. Catharines Standard: “The rule of law is paramount…’)

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.

• Julian Fantino, April 07/07: email to Haldimand Council
• Ontario Court of Justice (Jan 19/09): McHale information for Fantino prosecution
• Superior Court ruling, Dec 31/07: McHale v. Attorney General of Ontario, 2009
• Attorney General, Jan 08/10: letter to McHale (AG taking over prosecution)
• Gary McHale, Jan 11/10 (incorrectly dated Jan 06): letter to Attorney General (conflict of interest)
• Attorney General, Jan 11/10: letter to McHale (intervention to move date of hearing)
• Gary McHale, Jan 11/10: letter to Attorney General (Q: Is Crown staying charge?)
• National Post, Jan 11/10: Ontario to appoint Crown to prosecute OPP Chief (Law professor re gov’t conflict of interest) [PDF, REPRINT]
• CANACE news release, Jan 11/10: Fantino already receiving Preferred Treatment

Mark’s Subversive Dictionary: “micro-management”

UPDATED March 19/10

micro-management, 1. the art of destroying the morale and initiative of one’s employees through the unnecessary interference in the performance of their duties; generally accompanied by a disingenuous wonderment at the organization’s  inability to retain highly motivated employees.  (see also, micro-manager)

micro-manager, 1. a generally well-meaning person afflicted with the inability to effectively communicate clear priorities when providing direction to subordinates; and/or 2.  a person who, having communicated clear priorities, retards their employees’ effectiveness at every opportunity by overturning the decisions of those employees without offering the courtesy of consultation. (see also, micro-management.)

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Origin: I wrote this definition in absolute frustration while working down in the U.S. for a large defence contractor. My rental vehicle broke down on the road and the company hadn’t provided a contact number I could call for a tow. I used my own CAA to get the SUV towed to a hotel because the dealer was in a bad area of Tacoma, Washington and kept their gates locked at night.