Category Archives: OPP Ron Gentle

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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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.

…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:

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.

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Crown drops OPP Obstructing Justice charges without consulting alleged victim

UPDATE: CHCH News, April 14/10: McHale v. OPP & Crown

Gary McHale advises that, as expected, the Crown today dropped the Obstructing Justice 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 himself, and accused him of abusing the court system – a tired refrain that seems quite silly since McHale has now won 4 Superior Court decisions and three others before Justices of the Peace in the area of private prosecutions. If McHale is abusing the courts, the Crown must also believe the various judges who agree with him are doing so as well. This is an insult to the Court.

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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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Mark’s Subversive Dictionary: “micro-management”

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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.

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