Ontario judge rules Caledonia Class Action can proceed to trial

9 02 2010

The Caledonia Class Action lawsuit has passed the last major hurdle that ensures it will go to trial. Justice Crane of the Superior Court today certified the action and released the reasons for his ruling.

According to the ruling, notice of the certification must be posted – at the Defendant’s expense – in the Globe and Mail; Hamilton Spectator; Regional News; Grand River Sachem; Simcoe Reformer; and posted on the www.caledoniaclassaction.com website; on the Caledonia Regional Chamber of Commerce website at www.caledonia-ontario.com; Haldimand County website at www.haldimandcounty.ca; on the website of the Ontario Secretariat of Aboriginal Affairs at www.aboriginalaffairs.osaa.gov.on.ca; and on the website of the Ontario Provincial Police at www.opp.ca.

The end of racial policing is inevitable

Certification means that the Ontario government and the OPP’s racial policing policies are now entangled in civil litigation, criminal prosecutions (by CANACE), and critical scrutiny by both media and members of the PC Party and NDP.

Race-based policing is going to end. Ordinary citizens are not going to stop until the Apartheid system of justice illegally foisted upon the innocent victims of Caledonia is stopped in its tracks. When we are finished no government in Canada will ever dare try to subvert the Charter again.

The only question Premier McGuinty and his MPPs need to consider is this: are they going to pronounce an end to their illegal ‘peacekeeping’ mission, or are they going to destroy the Liberal Party by fighting this to the bitter end? . 

Well done Mr. Findlay, well done representative plaintiffs

CANACE would like to thank John Findlay and the representative plaintiffs for their patience and perseverence in achieving this very difficult objective:  

Representative Plaintiffs:

  • KRP Enterprises Inc.
  • 1643078 Ontario Inc.
  • Kevin Clark
  • Esta Clark
  • Christina Acciaccaferro
  • Jeffrey Acciaccaferro
  • Steve Tong
  • Lori Tong
  • Russel Kavanagh
  • Michelle Kavanagh
  • Paul Durcek
  • Stefany Durcek
  • Quintin Chausse
  • Donna Chausse
  • Anne Marie Vansickle
  • James Paul Vansickle
  • J.P. Woolley Surveying Ltd.
  • Margaret Cook

I should note that Mr. Findlay also represents CANACE founders Gary McHale and Mark Vandermaas in several actions, and he is also the lawyer for Sam and Sandra Gualtieri.

NOTE: Justice Crane was also the justice who ordered the criminal charge of Influencing Municipal Official to be issued vs. Julian Fantino.





CBC National News stories vindicate CANACE founders

3 02 2010

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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CANACE founder receives apology, compensation for Caledonia defamation

11 09 2009
090910-Burgess apology

Mike Burgess, former operator of 'Caledonia Cafe' discussion board, apologizes to CANACE Executive Director Gary McHale, Sept 10/09. Click to enlarge.

UPDATED 1628 Sept 12/09

The former operator of a now-defunct Caledonia discussion board agreed, before a Small Claims Court judge in Hamilton yesterday, to pay CANACE co-founder/Executive Director Gary McHale a total of $3,750 in 25 monthly installments and to provide a written apology [image, right] for defamatory statements which he allowed to be posted on his board.

Mike Burgess was facing three separate Small Claims Court actions seeking a total of $30,000 for allowing false allegations to be published that claimed – among other things – that Mr. McHale and his associates were white supremacists and/or associated with white supremacist groups.

Sept, 10, 2009

I, Mike Burgess, past administrator of the Caledonia Cafe Message Board, issue this apology to Gary McHale for various posts on my board which defamed him.

I am unaware of any evidence that Gary McHale or members of his group have ever shouted out ‘White Power’ or similar types of words. I am unaware of any evidence that Gary McHale or members of his group are associated with any white supremacist groups or have ever invited any white supremacists to any rally.

Furthermore, various posts on my board that linked Mr. McHale to any crimes outside of the one he has been charged with are unfounded. I am unaware of any evidence that he had caused any violence to have occurred or desires to have any violence occur.

Finally, I wish to state that Mr. McHale has every right, like any other Canadian, to publicly take up any cause he wants. I apologize without any reservation for any harm caused by my board to Mr. McHale’s reputation.

[Signed] Mike Burgess

The settlement was arrived at the judge’s suggestion after he ruled the actions could proceed, thereby denying Mr. Burgess’s  assertion that they had been abandoned. Mr. Burgess had failed to honour a previous tentative, out-of-court agreement made with Mr. McHale in 2008 which is why the new agreement was signed before the judge.

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CANACE: Restoring Property Rights and the Rule of Law to Ontario

12 07 2009

PDF

by Gary McHale, Executive Director, Canadian Advocates for Charter Equality (CANACE) 

The CANACE mission is simple: restoration of the Rule of Law in Ontario by ending Race-Based Policing practices through the use of peaceful, democratic methods. This is done via public protests & media attention; public & private educational presentations; gathering and reporting of evidence; and using courts & tribunals to show that the Constitution; Charter of Rights and Freedoms; Criminal Code; Police Services Act; Human Rights Code; and Canadian jurisprudence are not subject to the discretion of the McGuinty government.

090629 Cayuga Courthouse 0041. CANACE has made legal history in defence of citizens’ rights v. misfeasance by public officials:

In 1986 the Federal Law Reform Commission stated, “The authors agreed that private prosecutions were necessary because they enabled citizens to bring even police or government officials before the criminal courts where the government is unwilling to make the first move.”

This is in keeping with the will of Parliament: “The right of a citizen to institute a prosecution for a breach of the law has been called ‘a valuable constitutional safeguard against inertia or partiality on the part of authority’.” (Dept. of Justice, Federal Prosecution Service Deskbook)

1) Parkinson v. R., 2008 ensures private prosecution appeal hearings (seeking an Order of Mandamus) are open to public scrutiny.

2) Parkinson v. R., 2009 ensures that a Justice must issue process if evidence supports a charge.

3) McHale v. R., 2009 stops the Crown from interfering with a citizen’s right to present evidence of a crime.

4) McHale v. Attorney General of Ontario, 2009 ordered OPP Commissioner Julian Fantino to face a Criminal Code charge under s.132(2): Influencing Municipal Official.

Combined, these rulings – accomplished without legal representation – ensure that any citizen in Canada can lay a criminal charge against government officials if they have supporting evidence.

rrj-july2008-cover-210px2. CANACE founders Gary McHale (CaledoniaWakeUpCall.com) & Mark Vandermaas (VoiceofCanada.ca) cited in 25th Anniversary edition of Ryerson Review of Journalism for Caledonia coverage in ‘Disputed Land, Failed Coverage,’ which outlined how media failed to cover the Caledonia crisis. In 3 years CANACE founders have participated in over 600 media interviews.

3. CANACE news conferences in the Queen’s Park Media Studio:

1) March 14/07: ‘Ipperwash Papers‘ – how the Inquiry suppressed evidence from non-native victims.

2) April 14/07: ‘FantinoGate‘ – Fantino’s threatening email to Haldimand Council members (scroll down to QP news conference links)

3) Dec 05/07: ‘Smokeshacks & Violence‘ – OPP blames victims for illegal smokeshack protest violence.

4. CANACE has authored four in-depth reports on Native extremism and Race-Based Policing:

1) The Cost of Native Occupations

humancosts-210px2) The Human Costs of Illegal Occupations

3) Legalized MYTHS of Illegal Occupations

4) McGuinty’s Ipperwash Cover-up: the Caledonia Legacy

5. CANACE has presented to the Caledonia Rotary Club and Brantford Council (Reconciliation: the CANACE Path)

WE NEED HELP: the Rule of Law is slowly being restored in Ontario by ordinary Canadians who, despite extreme financial difficulties, have decided they will not stand by and allow McGuinty’s government to legitimize racial policing policies, but this process will take years.

Native protesters receive money from both levels of government which enables them to carry on prolonged protests and illegal activities. The Ontario government actually offered $200K-plus to pay legal expenses for seven native protesters (London Free Press, March 27/08: Jailing of native protesters raising ire). Meanwhile, law abiding citizens struggling to oppose state-sanctioned lawlessness are left to suffer the costs themselves.

Financial assistance will make it possible for us to continue to defend and protect the right of Canadians to live in a stable democracy governed by the rule of law in accordance with the Charter.

More CANACE info:

1. List of accomplishments: CANACE Founders’ Resume 

2. Reference material: ‘Race-Based Policing

3. Statement of Principles: ‘We Believe…

Contact: Gary McHale, CANACE, P.O. Box 2083, Caledonia, Ontario  N3W 2G6, info@canace.ca

Banking: Scotiabank – acct # 30882-019216

Become a CANACE Advocate: Donations & Membership Info





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

25 06 2009

opp_000682CANACE is very pleased to report that the following letter was sent to the OPP to thank them for their role in the ‘Support Randy Fleming‘ rally that took place on June 20/09.

——————————————————-

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.

Read the rest of this entry »





OPP take first steps toward ending Race Based Policing

13 06 2009

RELEASED: June 13, 2009

OPP take first steps toward ending Race Based Policing  [PDF]

When you are dealing with an institution the size of the Ontario Provincial Police which is part of an even larger institution, the Ontario Government, bringing about real change to institutionalized racist policies is like walking down a road on a long journey requiring many thousands of seemingly endless steps.

Although we cannot declare that Race Based Policing has been ended, we are pleased to announce that the OPP has made several important steps towards the day when that can be declared. We wish to acknowledge a few of these steps that have occurred in the past two months.

1. Following 30 months of attempts by Gary McHale to have direct communication with senior OPP officers, all of which failed, approximately two months ago Supt. Gentle wrote a letter to Mr. McHale stating that “the OPP recognizes the rights of citizens to engage in lawful protest and demonstration”. This was an important first step – willingness to communicate and acknowledge that all citizens had rights. This change in tone was in sharp contrast to the refusal to communicate and the attempts to slander us in the media.

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CANACE Report – McGuinty’s Ipperwash Cover-up: The Caledonia Legacy

28 02 2009

regionalnews-logo

The Caledonia-based Regional News has become the first media outlet in Canada to publish the full story of our Ipperwash Papers project —  in a two-part series that appeared Feb 18 & 25/09. Both parts are reprinted below as they appeared (photos are added) with references following.

The authors would like to thank publisher Chris Pickup and reporter Bill Jackson for allowing us to tell this important story in our own words. The Regional News has been a fierce watchdog for the people of Haldimand County, and we are very grateful to them. As Mark Vandermaas once said:

When the politicians and police finally realize that no realistic landclaim solution is possible if they continue to ignore the innocent victims of landclaim lawlessness it will be due in no small part because one courageous newspaper and a gutsy reporter held true to the highest and finest ideals of journalism in a town where fear has silenced so many.

VoiceofCanada, July 23/08: Ryerson Review of Journalism: McHale & Vandermaas important news sources for Caledonia dispute

The Regional News is not published online, but readers can download a PDF reprint of the series:

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The Regional News, Feb 18/09

MCGUINTY’S IPPERWASH COVER-UP: THE CALEDONIA LEGACY

by Mark Vandermaas, Mary-Lou LaPratte and Gary McHale

PART 1: Race-based Policing in Ipperwash

On the sandy roads and beautiful Lake Huron beaches of Ipperwash, 35 kilometres north of Sarnia, Ontario there are few signs of the turmoil that once ripped apart an entire community and set others on a collision course with land claim anarchy thanks to a public inquiry that wasn’t.

Imagine if a future government invested $20 Million and three years on an inquiry into the Caledonia crisis, but refused to allow a single resident to testify, and deliberately excluded every shred of evidence of crimes against them by native protesters. What if this inquiry was then used to hold natives blameless and justify a ‘hands off’ policy against land claim lawlessness in other Ontario towns? This is the legacy of Premier McGuinty’s Ipperwash Inquiry.

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