McHale’s victory is Ontario’s victory

“The Ontario attorney-general has stopped a bizarre prosecution against Caledonia activist Gary McHale.”

Christie Blatchford, Globe & Mail, April 21/10

UPDATE:

• Caledonia Victims Project feature: R. v. Gary McHale (Counselling Mischief Not Committed

UPDATED 1817 April 22/10 — Today, the Crown dropped the charge of Counselling Mischief Not Committed against Gary McHale — nearly two and a half years after a pretrial judge told the Attorney General not to bring the case to trial.

In my last post I outlined some very powerful reasons why the Crown might want to take such an action, including the fact that two of Fantino’s most senior officers have already faced Obstructing Justice charges because of the disclosure given to McHale, and the fact that the Superior Court could very well order the former Deputy Minister of Community Safety and Correctional Services to turn over her emails to McHale.

I suppose the Crown and government finally realized that McHale already had enough evidence to use  in private prosecutions against his persecutors, and that providing even more to open a door into the Minister’s office wasn’t such a good idea.

Photo above: Gary & Christine McHale stand on John Sopinka Courthouse steps in Hamilton after charge of Counselling Mischief Not Committed dropped; by Mark Vandermaas, April 21/10.

A deluded Crown tries to put lipstick on a pig…

The Crown read a prepared statement into the record that stated it still believed it could obtain a conviction, but thought it better not to waste Court time due to the “unique circumstances” of the case. McHale then spoke for a minute or so, pointing out that the Crown had neglected to mention some key facts: the Obstructing Justice charges; and the fact that the Deputy Minister had her fingers in the pie along with Fantino’s. He also pointed out that the pre-trial judge warned the Crown not to bring the case to trial.

• Regional News, Gary McHale, Sept 02/09: Judge asked, “Why are you pursuing this case?”

…but the media weren’t buying pork today.

Gary was interviewed in the courtroom hallway afterwards by both the Spectator and Christie Blatchford of the Globe & Mail who got up a post and photo shortly after 11 am. We then paid a visit to CH News who immediately put Gary and his story on live at 12 Noon as breaking news, and ran the story every thirty minutes thereafter:

• Globe & Mail, Christie Blatchford, April 21/10: Charges stayed against relentless critic of Ontario Provincial Police in Caledonia occupation [PDF]
• Globe & Mail, Christie Blatchford, April 21/10, 11:07 am: Rare charge stayed against Caledonia activist (breaking story)
• CH News, April 21/10: Charge dropped against Gary McHale
• Canadian Press, April 21/10: Crown stays mischief charge against Caledonia, Ont., activist Gary McHale REPRINT
• Hamilton Spectator, April 21/10: Judge stays McHale mischief charge REPRINT

The idea that the Crown had a chance of convicting McHale after two senior officers associated with his case were charged with Obstructing Justice (never mind the direct interference by Fantino, and possibly, the DM) was nothing short of laughable. I overheard Christie Blatchford on her phone talking about the charge, presumably with her editor, saying, “…yeah, the charge they made up.”  It was rather amusing.

OPP set up McHale & supporters for violence, false criminal charges – again

Native protesters & supporters interfere with CANACE anti-racism rally for 2nd straight week trying to incite responses from residents & organizers. Crashers placed their own banner behind CANACE founder Merlyn Kinrade as he announced the cancellation of the event due to lack of police presence.

UPDATED 1115 March 30/10 — For the second week in a row native protesters and supporters forced the cancellation of CANACE’s Anti-Racism Rally in Caledonia after they confronted organizers and residents, surrounded them and heckled Gary McHale as he explained why he and Merlyn felt it necessary to again call off the event – all without a single OPP officer present to separate and control the two sides.

You can see some of the native protesters w/CUPE members coming to confront the CANACE protesters in the photo below with absolutely no police presence. Above, they made sure to hold their banners behind Merlyn as he spoke while others mingled with the residents who came out to hear speeches about racial policing and how it has caused terrible trauma to residents. 

UPDATE: Gary McHale informed me after publication that he saw a handful of officers standing “150 feet away.”

The speech native protesters and CUPE didn’t want you to hear

I was not able to give my speech – Healing in the Absence of Justice – for the second week in a row, so I have published it in this article on the Caledonia Victims Project site: 

• Caledonia Victims Project, March 30/10: The racist speech native protesters, CUPE and OPP did not want Caledonia to hear

Zero OPP presence

Although police have lined up numerous time to stop non-natives from walking down a street near the occupation site, and four people (Randy Fleming, photo R), including both McHale and me, have been arrested to prevent a ‘breach of the peace’ because we dared try to raise a Canadian flag, there was not a single officer present to keep native protesters and their supporters apart to prevent them from disrupting the CANACE event. The only police presence I observed was a single officer videotaping the event. That was it. Clearly the OPP were trying to do the very same thing as was done on Dec 01/07 – set up a situation where violence could break out and then blame it all on McHale:

• VoiceofCanada, March 25/10: Why Merlyn’s Anti-Racism rally is rescheduled for this coming Sunday

OPP knew of very real danger of false criminal allegations by native protesters

Not only do native protesters have a long history of violence in Caledonia, including the vicious assault on Gary McHale on Dec 01/07 which I discussed in ‘Why Merlyn’s Anti-Racism rally is rescheduled for this coming Sunday, some native protesters have fabricated false allegations against non-natives in order to incite violence, and then have others falsify ‘corroborating’ witness accounts. The worst of the violence on Dec 1st was actually incited by a false allegation of assault by Camille Powless against Gary McHale.

Join Merlyn Kinrade’s anti-racism rally in Caledonia on March 21/10

'TWO TIER JUSTICE VICTIMIZES NATIVE PEOPLE TOO!' CANACE's Caledonia liaison Merlyn Kinrade - flanked by Jeff Parkinson (L) and Jim Anderson (R w/flag) holds sign during protest against illegal smoke shack built on public property, Caledonia, Dec 01/07 - before smokeshack supporters from Six Nations swarmed and attacked Gary McHale, sending him to hospital along w/Parkinson who suffered a brain injury. Click to enlarge.

LAST UPDATE: March 25/10: ***Anti-racism rally rescheduled for 2pm, Sunday, March 28/10 at Caledonia Lions Hall. See, ‘Why Merlyn’s Anti-Racism rally is rescheduled for this coming Sunday.’

• Hamilton Spectator, March 22/10: McHale calls off Caledonia rally – Activist cites potential for violence after arrival of a rival group. Great coverage of Sunday’s Anti-Racism Rally, which has been now scheduled for March 28/10 at 2pm.
• Jeff Parkinson, March 22/10: OPP fail to protect residents (note: after some research and communications with Tom Keefer, leader of Sunday’s CUPE 3903 confrontation at Merlyn’s Anti-Racism Rally,  Jeff has clarified the fact that, contrary to an assertion in an article about the extreme anti-Semitic/anti-Israel climate at Concordia University that we discovered at a site belonging to a Jewish watchdog organization, Keefer was NOT expelled for spray-painting anti-Semitic slogans on school property. He was, however, expelled for allegedly uttering death threats against the guards who were trying to arrest the son of a Syrian diplomat Laith Marouf for the vandalism. Keefer denied his statements were meant as a threat, but was eventually allowed to return after apologizing for them. Keefer was the Vice President Communications of the Concordia Student Union between 1999-2001. 

This is a reprint of Gary McHale’s column in the Regional News for Feb 24/10. Used with permission. My comment follows.

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Merlyn Kinrade calls for Rallies in Caledonia

by Gary McHale

Regional News this Week – Feb. 24, 2010

This past Friday Mr. Chris Bentley, the new Aboriginal Affairs Minister who is also the Attorney General of Ontario, met with Haldimand Council at a Tim Hortons in Brantford. After the meeting Mayor Trainer told people that she directly asked Mr. Bentley if the province had already decided to give DCE to Six Nations. She reported his reply was yes.

Merlyn Kinrade contacted the Mayor the same day to verify that this did occur and the Mayor confirmed to Mr. Kinrade that it was true. Mr. Kinrade saw this as the final straw of rewarding people for criminal behaviour and as such he calls upon people to rally in Caledonia on March 21 to help bring an end to the racist policies of the Ontario Government.

For four years the people of Haldimand county have been forced to endure what almost every media outlet in Ontario has called Two Tier Justice or Race Based Policing. There appears to be no limit to the level of appeasement that is done to ensure that certain radical elements from Six Nations stop committing criminal acts.

In June of 2006 David Peterson arranged a deal to pay the criminals who dug up the road and barricaded the highway for 5 weeks to be rewarded with the Burtch Tract in return for bringing down the barricades.

Legal notices served re CUPE protest

UPDATE July 27/10: On July 14/10 the Six Nations newspaper Tekawennake published the first of two ‘clarifications’ and an op-ed series which make it clear the paper had NO evidence that Mark Vandermaas (VoC), Gary McHale, Merlyn Kinrade and Doug Fleming were associated with white supremacist groups:

• Tekawennake News op-ed series, July 14-21/10: Healing Two Communities [PDF, 7p] (complete series)

——————–

Last week, a number of notices under the Libel and Slander Act were served on various individuals and media outlets in connection with the June 23/09 CUPE 3903 protest in Cayuga against Doug Fleming’s Caledonia Militia/Peacekeepers concept.

CUPE 3903’s smear campaign

Members of CUPE 3903’s First Nations Solidarity Working Group – which has been involved in Caledonia for 3 years and openly supports the Haudenosaunee Men’s Fire – and their supporters did their best to paint Gary McHale, Doug Fleming and me as white supremacists for speaking out and/or acting on behalf of Caledonia’s victims. 

Media outlets take the bait

Several media outlets published some of the sleazy allegations and/or the statements on signs carried by the protesters without even attempting to verify if the statements were true or not. One media outlet also attacked Merlyn Kinrade’s character. Two other outlets named had previously published disgusting editorial content making fun of Gary McHale’s injuries after he was viciously swarmed and attacked by supporters of an illegal smokeshack in Caledonia on Dec 01/07. Another has already settled a previous action for libel brought by Gary McHale.

THE END OF THE BEGINNING!

Doug Fleming (top), Peter Kamerman (middle), Merlyn Kinrade (bottom, w/blue beret), July 12/09. Photo by Jim Smith.

“The Germans have received back again that measure of fire and steel which they have so often meted out to others. Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.”  

— Winston Churchill at Lord Mayor’s Luncheon, Mansion House following the victory at El Alamein in North Africa, London, 10 November 1942.                    

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UPDATED – The two and a half year battle to force the OPP to respect the rights of non-natives to walk down a public road and place a Canadian flag on a public utility pole across the street from the Douglas Creek Estates is over!    

OPP helps CANACE & Deseronto residents expose Race-Based Policing

Deseronto resident Cindy Welsh tries unsuccessfully to convince Shawn Brant supporters to give Gary McHale a chance to speak.

UPDATE: VoC, July 03/09: Caught on tape: McGuinty cabinet minister insults Deseronto resident

UPDATE JULY 03/09: Napanee Beaver, July 02/09: Raucus meeting defuses with talk  VoC download

UPDATE 2134 EST July 01/09: See, ‘Video of CANACE in Deseronto‘ by Jeff Parkinson for complete coverage in 7 clips. Note: the event was actually held in a Picton park because the town of Deseronto refused to rent resident Cindy Welsh a room where we could speak and the Elks reneged on their rental deal with her.

UPDATE: New story about our visit to Deseronton. See CANACE visits Tyendinaga Mohawk Territory, by Jeff Parkinson.

UPDATE: Video added of Mohawks & supporters clapping when Gary McHale talks about attempted murder of police officer in Caledonia. More video clips to follow.
—————————–

CANACE was invited to speak by Deseronto resident  Cindy Welsh who rented the Elks Hall in Picton for Thursday, June 25 at 6:30 because the Town of Deseronto refused – again – to allow non-natives access to their hall to discuss their rights during a land claim dispute.

Unfortunately, the OPP had earlier convinced the Elks manager to cancel the room rental which forced us to try to speak outside in a remote park with no police presence whatsoever while a large group of Shawn Brant supporters shouted us down and screamed hateful insults.

It seemed as though some – especially one woman in particular wearing a red shirt (photo, below) – were deliberately trying to provoke some kind of fight. Jeff Parkinson filmed the entire event, and clips will be posted when available.

Monsters in Deseronto-Picton?

At one point some of the group actually applauded when Gary McHale tried to talk about how a police officer was nearly murdered in Caledonia!

• CANACE video, Picton, ON, June 25/09: Mohawks & supporters clap for attempted murder of police officer in Caledonia 00:24
• CWUC blog, Jeff Parkinson, July 01/09: Video of CANACE in Deseronto (complete coverage of the event in 7 clips)

One resident later said, “Believe it or not, this is a GOOD day!”

CANACE meets with the nice officers of the OPP MELT

We met with 2 MELT (Major Events Liaison Team) members at Cindy’s home prior to the event. We tried to let them know that no one had anything to fear from us. Gary even explained how he was opposed by the Crown when he tried to lay charges for assaults against police officers in Caledonia. 

Caledonia breakthrough: Canadians allowed to walk past DCE with Canadian flags

UPDATED 1126 EST June 23/09: Video footage of marchers put to music courtesy of Jeff Parkinson.

I am very pleased to report that I sent the following letter to the OPP on behalf of CANACE to thank them for their role in yesterday’s ‘Support Randy Fleming‘ rally.

——————————————————-

June 21, 2009 

Commissioner Fantino, Ontario Provincial Police
Superintendent Gentle
Inspector McLean
Sergeant Carter
Sergeant Michaud

Dear Gentlemen:

Gary McHale and Merlyn Kinrade asked if I would pass on thanks from CANACE to you and your officers for your assistance, your honest communications and your decision to protect and respect the rights of non-natives to walk down Argyle Street with Canadian flags past the DCE. I know this was a big step for the OPP and I know that Sgt. Carter could not have helped make it happen without the support of the OPP leadership. For this we are truly grateful to you all.

Before leaving Lions Park I told the crowd that the officers of the OPP have had a rough three years, too and that no matter what has happened in the past, or will happen in the future, today they made the decision to do the right thing for us. I asked them to thank every OPP officer they met that day in the hopes your officers would go home to their families to tell them that perhaps life will be getting better for them, too.

History in the making as OPP promise escort for Caledonia protest

Last night OPP Sgt. Phil Carter called Merlyn Kinrade to confirm that the force will be providing an escort for the Support Randy Fleming flag march down Argyle Street tomorrow past the occupied Douglas Creek Estates.

If the OPP keep their word, we will make history together by forcing them and the Province to recognize that the rights of non-natives cannot be unreasonably suspended or denied during a land claim dispute simply because they find it easier than confronting the intimidation and threats of native protesters.

Even if we are betrayed this time, even if native gangsters mobilize to block us, it changes nothing but the date that the Rule of Law returns to our province. History is on our side. Justice is on our side. Racial policing will end, we just don’t know the date.

While the struggle against Race-Based Policing is far from over, tomorrow will be a very, very good day, a notable mile marker in the long journey ahead of us. 

Bring your flags tomorrow!

• CANACE release: OPP take first steps toward ending Race Based Policing
• CANACE release, June 12/09: ‘Support Randy Fleming’ Rally
• CWUC feature: Black Eye on Democracy (arrest of Randy Fleming)

Let’s say ‘thank you’ to the OPP

As we march tomorrow with our flags, can I suggest that you look each OPP officer squarely in the eye when you pass near and say, ‘thank you.’

Merlyn Kinrade made them ‘believe’

Click for hi-res image and info re Barb Patterson-Tuck's award winning painting. Merlyn is at the top of the maple leaf in the middle facing left.

UPDATE 1847 EST June 13/09: Belleville Intelligencer editorial: Six Days too long to end protest no one wanted. REPRINT.

See also, ‘Proof positive native extremists have lost PR battle’
————————–

Is the OPP really changing?

After three years the people of Caledonia may find it hard to believe that OPP attitudes towards them are changing. One resident told me not to trust the OPP saying, ‘Once a snake always a snake.’

I understand where such skepticism and cynicism comes from given what the police have done to them – and to us, but here is why I believe that the OPP will not renege on their agreement with us to allow us to march down Argyle Street past DCE on the 20th in support of Randy Fleming.

CANACE release: OPP take first steps toward ending Race Based Policing

UPDATED 2050 EST June 13/09

On June 12/09 OPP Sgt. Phil Carter informed CANACE that the OPP was consenting to a planned march by non-natives down Argyle Street past the occupied Douglas Creek Estates with Canadian flags.

•  CANACE news release, June 13/09: OPP take first steps toward ending Race Based Policing [PDF]

Thank you!

Along with every other gutsy Canadian who is making a difference in this struggle (you know you who are!) I would like to give special thanks to Merlyn Kinrade for his tireless work within his beloved community of Caledonia. Thanks also to Pat, Roland, Christine and Debbie. This is your day, too!

• VoiceofCanada, June 13/09: Merlyn Kinrade made them ‘believe’

Comment by CANACE co-founder Jeff Parkinson

• CaledoniaWakeUpCall blog, June 13/09: One small step for Non-Natives, One giant leap for the OPP

Thank you to Sgt. Carter and Commissioner Fantino

I would like to sincerely thank Sgt. Carter and the OPP, including Julian Fantino for making this important change in policy.

Given how involved the Commissioner is in the affairs of Caledonia, especially where Gary McHale and CANACE is involved I know that it would not have been possible were it not for Mr. Fantino’s approval. Whether that approval was a result of Minister directive or one from the Legal Services Branch of the Attorney General, I don’t know and don’t care. The fact is, someone, has directed the OPP to change its policy in a fundamental way.

To Commissioner Fantino:

This was never personal. Even though we protested at your home it was to bring about changes such as this using peaceful, lawful, democratic means rather than the violent/criminal methods of native extremists. 

I can’t speak for Gary McHale, but I am willing to talk with you or your lawyers about moving on to a better time. You can make my defamation lawsuit disappear by clearing my name with an simple apology for falsely accusation me of being ‘involved’ in violence. As you already know I don’t want any money.

You can also make my OHRT complaint disappear simply with an apology and a directive to your officers that they are to enforce the law without regards to race in accordance with the Police Services Act and the Ontario Human Rights Act. Again, you already know I’m not asking for money in connection with this either.

As for the lawsuit regarding my arrest, have your people call my people.

Readers who are skeptical about OPP commitments are asked to please read this post before commenting. Thanks.

• VoiceofCanada, June 13/09: Merlyn Kinrade made them ‘believe’

Join us for the “Support Randy Fleming” rally on June 20th

I certainly hope that now the event has been ‘sanctioned’ by police Canadians from inside and outside Caledonia will come to Caledonia on June 20th to march in support of Randy Fleming. Here are the links in case you missed them in the news release:

•  CANACE news release, June 12/09: “Support Randy Fleming” Rally
• CaledoniaWakeUpCall report: Canadian Flag Raising Event (documents Randy Fleming arrest on May 24/09)

VoiceofCanada
info@voiceofcanada.ca
Co-founder, Canadian Advocates for Charter Equality
www.canace.ca

References

• CANACE news release, June 13/09: OPP take first steps toward ending Race Based Policing
• CaledoniaWakeUpCall blog, June 13/09: One small step for Non-Natives, One giant leap for the OPP
• VoiceofCanada, June 13/09: Merlyn Kinrade made them ‘believe’
• Regional News, May 20/09: OPP: Your Actions Speak Louder Than Words
• CANACE news release, June 12/09: “Support Randy Fleming” Rally
• CaledoniaWakeUpCall report: Canadian Flag Raising Event (documents Randy Fleming arrest on May 24/09)
• VoiceofCanada feature: Caledonia Lawsuits
• VoiceofCanada, June 05/09: Ontario Superior Court: OPP refusal to aid Cayuga land owner an ‘abuse of power and police discretion.’

Merlyn Kinrade’s ‘Ode to CANACE’

3 CANACE founders were included in this masterpiece capturing the essence of the Caledonia crisis. Merlyn Kinrade is at top left of maple leaf facing away from Canadian flag.

UPDATED 2023 EST July 13/08

CANACE’s Caledonia Liaison Merlyn Kinrade was feeling both creative and optimistic thanks to CANACE’s accomplishments in its struggle to end race-based policing and landclaim lawlessness, and decided to turn his thoughts into the following poem:

‘Ode to CANACE’

Merlyn, Mark, Jeff and Gary
On their backs they continue to carry
Fantino, Dalton and Mr. Bryant
These three amigos couldn’t be silent
They continued with their slanderous rant
But the CANACE founders said, You can’t!
Slander us at your peril if you will
We’ll make your scam seem all uphill
Two tier justice can never work
So Mr. Fantino don’t be a jerk
Instruct your officers one and all
To make arrests without the race call
For if you choose wrong over right
CANACE members will continue the fight
Law and order must prevail
Or democracy will surely fail

M. Kinrade
RCN Ret;d
Co-founder & Caledonia Liaison
Canadian Advocates for Charter Equality
www.CANACE.ca 

VoC Comment

Merlyn has been nothing short of an unmoveable rock in speaking and acting for the best interests of Caledonia and all victims of landclaim lawlessness in Ontario. One day his town will recognize the tremendous debt they owe to him.

Merlyn Kinrade letter to National Post re Michael Bryant’s attack on Human Rights

Caledonia resident Merlyn Kinrade cc’d me on a letter he sent to the National Post regarding Michael Bryant’s derogatory comments about Gary McHale, me and my complaint to the Ontario Human Rights Commission that has resulted in OPP Commissioner Julian Fantino being asked to attend a mediation session with me.

Here’s a reprint of what Bryant said:

“Aboriginal Affairs Minister Michael Bryant said the human rights complaint doesn’t help resolve a complex situation dating back hundreds of years. Most people don’t have much sympathy for Vandermaas or McHale after their tense rallies in the divided town, he said.

“Their activity, generally-speaking, is extremely harmful and, as far as I can tell, unwelcome by everybody,” Bryant said. “I know a lot of people in Caledonia feel that they’re individuals who are just trying to get attention for themselves and are, in fact, stirring it up.””

Toronto Star/Canadian Press, April 07/08: Fantino asked to attend rights mediation [PDF reprint included in this doc]

Merlyn Kinrade gets ‘personal’ with Fantino

UPDATED 1747 EST Mar 04/08

Yesterday’s protest at Fantino’s home was, according to those who took part, the ‘best ever.’ Not only did we get some awesome media coverage for Caledonia’s agony, but Fantino was forced into lamely dealing with the fallout of his continued refusal to meet non-native protesters by going to Tim Horton’s in Caledonia for a PR stunt that backfired.

Fantino makes ‘planned’ trip to inspect renovations at Cayuga OPP detachment 

One of our number got a call from a reliable source in Caledonia saying Fantino was in Tim Hortons, so Gary McHale – who was not on site – sent out an email to his very extensive media list. We started getting calls from media who were trying frantically to confirm the Timmy’s siting, the significance of which was not lost on them.

Queen’s Park speech by Merlyn Kinrade: “Are we a failed state?”

On December 04, 2007, 3 residents of Caledonia, along with Gary McHale, held a news conference in the media studio at Queen’s Park to tell the Ontario government they had enough: enough with illegal smoke shacks selling tainted cigarettes to children; enough with landclaim lawlessness; enough with OPP ‘peacekeeping’ and enough with Julian Fantino trying to deflect criticism for the failures of his force by blaming Gary McHale.

Leadership has a name in Caledonia: Merlyn Kinrade, RCN (retired)

In a town that has struggled to find a strong, un-compromising voice from within its ranks to speak out against the Landclaim Terror that has victimized it for more than a year, Merlyn Kinrade, a retired member of the Royal Canadian Navy and veteran of the Korean war, has joined Chris Syrie and Bo Chausse in the annals of Caledonia history by firing a shot across the bow of the OPP’s highest cop – Julian Fantino, a shot heard across Canada.