Category Archives: Native Lawlessness

Gary McHale & CANACE shut down Enbridge pipeline occupation w/one letter to Hamilton Police

Gary & Christine McHale stand on steps of Hamilton courthouse April 21/10 after the Crown ended its 30-month prosecution of him for 'Counselling Mischief Not Committed.' The charge was dropped during the Preliminary Hearing after McHale convinced another court to issue charges of Obstructing Justice against 2 senior officers involved in his case: now-Commissioner Chris Lewis and Superintendent Ron Gentle.

Gary & Christine McHale stand on steps of Hamilton courthouse April 21/10 after the Crown ended its 30-month prosecution of him for ‘Counselling Mischief Not Committed.’ The charge was dropped during the Preliminary Hearing after McHale convinced another court to issue charges of Obstructing Justice against 2 senior officers involved in his case: now-Commissioner Chris Lewis and Superintendent Ron Gentle.

UPDATE, June 26/13: SUN News’ Brian Lilley praises Gary McHale for taking action. Video below.
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Step 1: Gary McHale letter to Hamilton Police promising that he and his supporters would gather evidence and lay charges using Canada’s Private Prosecution provisions in the Criminal Code, including against police officers who might obstruct the gathering of that evidence:

“Starting next week we will, without notice, appear at the illegal occupation in order to video tape criminal behaviour, which includes mischief, and then file private prosecution charges against the protesters. Apparently these protesters believe they can block people from videotaping them – this, of course, is mischief as ruled by the courts.

“If your officers attempt to interfere in the gathering of evidence they too could be arrested and prosecuted on a charge of obstructing justice. Police cannot aid in criminal behaviour and they cannot interfere with the justice system.

At the bare minimum it is our goal to expose any police force that allows a two tier justice system to be institutionalized. Your department has forced a company to get an injunction solely because you decided not to enforce the law.”

  • Gary McHale letter to Hamilton Police Chief Glenn De Caire, June 26/13: Illegal Occupation of Enbridge Line #9 Pipeline [PDF]

Step 2: Hamilton Police enforce the law:

 “The move [to arrest the protesters] by Hamilton police comes mere hours after an overnight email to Police Chief Glenn DeCaire from Gary McHale. McHale, a rights activist who played a major role in the Caledonia land claim dispute, criticizing Ontario Provincial Police for their lack of action, told DeCaire in the email that he and his supporters would converge on the Enbridge compound to monitor the behaviour of the protesters and the damage they may have caused. “

130626 SUN News, Brian Lilley: Accommodating Activist Thugs (commentary re role of Gary McHale & CANACE in ending pipline occupation)

Why Hamilton Police were right to take McHale’s promise seriously

Gary McHale and CANACE members have successfully convinced various courts to issue criminal charges against former OPP Commissioner Fantino, now-Commissioner Lewis, Superintendent Gentle, as well as two officers who were filmed helping native occupiers build a fence to keep the owner out of his own property in Hagersville.

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Vandermaas email to OPP officer re April 21 DCE rally before two ‘breach of peace’ arrests

120421 Sign carried by Mark Vandermaas & other anti-violence/racism protesters onto occupied Douglas Creek Estates, CaledoniaOn April 18/12 an officer from the plain-clothed OPP ‘Provincial Liaison Team’ sent me an email politely inquiring as to what day we would be holding our planned march onto the Douglas Creek Estates in Caledonia. Gary McHale had refused to disclose the information, and she was hoping I would. I wrote back to her on April 19 explaining why I would not do so. The email is below. But, before we get there…

120421 CANACE/Caledonia Victims Project supporters on Douglas Creek Estates, Caledonia, Ontario, Canada

Mark Vandermaas – arrested for being the victim of an assault by a native radical

Keep in mind while reading my message to her that just two days later, on April 21/12, she and her OPP partner (wearing blue/black jackets in photo below) would watch a native occupier (red hat, sunglasses, dark coat) chase after me and assault me by blocking my path and chest-butting me as I carried a sign saying ‘HEALING BEGINS WITH APOLOGIES.’

120421 Mohawk Warrior Ken Greene (red hat, sunglasses, dark coat) starts off after Mark Vandermaas as two OPP officers (blue/black coats) watch, Douglas Creek Estates 'no-go zone,' Caledonia, Ontario, Canada. PHOTO BY CHRISTINE MCHALE

120421 Mohawk Warrior Ken Greene blocks Mark Vandermaas & chest butts him as two OPP officers (uniformed & plainclothes (blue/black coat)) watch, Douglas Creek Estates 'no-go zone,' Caledonia, Ontario, Canada. PHOTO BY CHRISTINE MCHALE

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McHale letter to Spectator: 10 Things that have changed in Caledonia since 2006

Hamilton Spectator, Feb 23/12: Gary McHale pulling a scab off a wound

Caledonia, 2006: Native protesters burn tires in the roadThis well-known Caledonia  agitator’s antics have escalated with this most recent stunt on the weekend. […] Anyone with common sense knows no good can come of pulling these types of stunts repeatedly without there being consequences. Gary McHale must quit pulling the scab off this festering wound, and shame on Barrett for backing this type of Caledonia, 2006reckless behaviour. They are bringing nothing but negative attention to the town of Caledonia and trivializing Six Nations land grievances. These antics serve no purpose other than to inflame a situation that has been on simmer for the past six years. Feb. 28 will be the sixth anniversary of this land dispute in Caledonia. And sadly nothing has changed. 

Tracy Bomberry, Six Nations of the Grand River

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Hamilton Spectator, Feb 28/12: Ten things that have changed: McHale

While to some it appears inherently wrong ever to disagree with a native person, I have to say that Ms. Bomberry’s view that nothing has changed since 2006 is not supported by the evidence. Here are10 things that have changed since 2006.

1) Contrary to the Native occupiers’ view, Six Nation Band Council has repeatedly told the court there is no claim on title to people’s property. Judges have agreed.

2) Courts have repeatedly disagreed with the OPP refusal to enforce the law and have even rebuked the OPP for targeting legal property owners instead of Native protesters.

3) The OPP has been forced to accept that property owners do have the right to have Native trespassers arrested.

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David Strutt photos: Caledonia 8 make history on Douglas Creek Estates in Caledonia

Welcome to DCE 120218Professional photographer and graphic artist David Strutt drove from his home north of Toronto to be with members of the ‘Caledonia 8’ and our supporters on Feb 18/12 when we became the first non-natives since Feb 28/06 to walk onto the Douglas Creek Estates with United Nations and Canadian flags without asking permission from the native occupiers who terrorized Caledonia while the province’s police and Liberal government ran interference for them, and bought the site so they could remain after a judge ordered their eviction. 

Strutt is also the gifted cartoonist/artist who has created the editorial cartoons found recently here on VoiceofCanada, and was a Freedom Party candidate in the last provincial election.

Read an interpretation of Davids photos below…

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David captured the deflated faces of the occupiers, etched with the dawning realization that somehow, everything had changed for them in one day. ‘One day’ that took five years for a patient, determined McHale to bring about.

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McHale arrested in Caledonia because Native man assaults 77 yr old former Navy vet/UN peacekeeper & OPP officers

LAST UPDATED Feb 28/12

Only in Caledonia.

VoiceofCanada, Feb 06/12: David Strutt cartoon: new logo for ‘ONTARIO PARTISAN POLICE’Only in Caledonia do the police let the native thugs who attack their officers and peaceful non-native people (one of whom happens to be an elderly, cancer-ridden veteran of the Canadian Navy and a UN peacekeeping mission) go free, and arrest the peaceful leader of the non-natives for standing quietly on a county road. You just can’t make this stuff up.

Today seven of the Caledonia Eight, along with a number of Caledonia residents, supporters and spouses, did what no one has done since Feb 28/06 when the occupation there began. We walked through the gates of the Douglas Creek Estates, down the county road that runs through it, to within 100 feet or so of the only house on the site.

The visit was a surprise for the occupiers and police, who were warned shortly before we left the Lions Hall in Caledonia to drive to the site.

120218 History made as OPP arrest native on DCE; 1st arrest ever during commission of crime. PHOTO BY CHRISTINE MCHALEAlthough history was made today by both the visit itself into Dalton McGuinty’s forbidden no-go zone via the county road that runs through the site; and by the first-ever arrest of a native person during the commission of a crime (an assault on Gary McHale), we clearly demonstrated once again that racial policing is very much alive.

The OPP arrested Gary McHale for the sixth time because a native man assaulted OPP officers and 77 year old Navy war veteran & UN peacekeeper Merlyn Kinrade who was wearing his blue beret and holding a UN flag.

Sadly, he also happens to be suffering from cancer. It happened right beside me. The police let the attacker go, and then arrested the non-native — Gary McHale — because he refused to leave because he wasn’t doing anything illegal. Why the arrest then? Because, according to the police, it was Gary McHale – one of the 120218 OPP ask Caledonia 8 to leave DCE even though things are quiet after arrest of native woman. Caledonia 8 members (L-R): Mark Vandermaas (blue beret), Gary McHale, Merlyn Kinrade (holding UN flag)peaceful non-native victims of an earlier assault – who was inciting a breach of the peace.

One observer who has never attended one of our protests sent me this comment:

“I’m still trying to get it through my head that Gary was arrested in order to stop the natives from continuing to break the law. This is just ludicrous.” Continue reading

National Post hammers race-based sentencing of Caledonia attacker

samgualtieri-sm.jpg

UPDATE 0024 hrs Jan 06/11: I’ve received a tip that on SUN TV’s ‘The Arena’ Show tomorrow Michael Coren will be talking to David Menzies about the light sentence given to Richard Smoke.
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Richard Smoke, the man who was convicted of nearly murdering builder Sam Gualtieri in Caledonia and leaving him with permanent brain damage, received a total sentence of only two years and eleven months because he had the good fortune to be born of a favoured racial minority.

The National Post editorial board and their reporter Christie Blatchford — author of Helpless: Caledonia’s Nightmare of Fear And Anarchy, And How The Law Failed All of Us — have decried the shameful law that has allowed this repugnant situation to exist:

See also:

VoC Comment

For five years I and my associates have done our best to try to follow in the footsteps of Dr. King’s non-violent approach as we confront the injustices of racial policing in Caledonia. In the long run, it is the path to victory over the racial supremacy enshrined in our justice system that says, in effect, that a human life doesn’t matter as much if it is destroyed by someone with aboriginal blood running through their veins. 

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CAUGHT ON TAPE: Native occupier threatens non-native woman in Caledonia’s ‘no-go zone’

UPDATE: VIDEO: The Caledonia Eight Arrested

CANACE’s videographer Jeff Parkinson caught a threat made against Bonnie Stephens by a native occupier while she was waiting for police to arrest her during our Saturday protest in Caledonia where eight of us were arrested for ‘trespassing’ on a Haldimand County road. The man can be heard clearly saying, “Come again and the cops won’t be here to protect you.”

  • CANACE video, Dec 03/11: If you come again, the cops won’t be here to protect you [VIDEO, 0.03]

VoC Comment

Even after 5 years of work in Caledonia, even after I and my associates were smeared and assaulted (several put in the hospital) and our property stolen and destroyed by Six Nations militants who ripped apart the community I must confess to still being surprized at just how much violence permeates the attitudes of some of the occupiers. Imagine – threatening a non-native woman for simply daring to stand on a county road! A road that has been declared off-limits to non-natives (and police!) by violent racists whose delusions are backed up by our province’s police force and the Ontario government.  

I am reminded of Christie Blatchford’s observation:

“…the law in Haldimand County operates as the law in America’s Deep South once worked, where there was one law for the white man, who could break it with impunity, and another for the black man. In Haldimand County, since the occupation began, there has been one law for natives and another for non-natives.“

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