• Superior Court of Ontario, Feb 08/10: Judges reasons for certification [PDF, 21P]
• Superior Court of Ontario, June 12/06: Statement of Claim
• Class Action website: www.caledoniaclassaction.com.

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.

• Superior Court of Ontario, Sept 16/08: Statement of Claim – Samuel & Sandra Gualtieri

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

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]

The second story tells the shocking story of how – despite a lack of evidence – senior OPP officers targeted Gary McHale for a criminal charge in order to appease the very native radicals who had assaulted him on Dec 01/07:

Supt. Ron Gentle weighed in on Dec. 3 in an email to the deputy commissioner: “The assault of McHale by Bullet [native protest leader Clyde Powless] was caught on all kinds of video as people turned the cameras on when the action happened. Unfortunately, the alleged assault committed by McHale, to this point, is not on video. The best we have is the victim claiming verbally to have been assaulted on at least one tape. We have witnesses on both sides that say he did and didn’t commit an offence.

“We want to ensure, when we arrest and charge Bullet we do the same with McHale to eliminate any of the usual issues.”

CBC News, Feb 02/10: Ont. top cop pushed for charges against protester [PDF]

See also: 

• Globe & Mail, Feb 02/10: OPP’s chief’s pursuit of activist laid bare in emails [PDF]
• Toronto Star, Feb 03/10: Julian Fantino’s emails focus on activist [PDF]

Six Nations woman and her false allegation of assault vs. Gary McHale

Unfortunately for the OPP, the referenced assault by Gary McHale on a Six Nations woman was not captured on video because it did not occur. We were able to record the woman as she assaulted Mr. McHale after loudly – and falsely – yelling that she had been assaulted by him.  Readers can watch the video of her repugnant bit of ‘street theatre’ as well as the vicious swarming attack on him by Clyde ‘Bullet’ Powless in this CANACE report:

• CANACE incident summary, Dec 13/07: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence

More info:

For a comprehensive look at just how far Fantino went to target Mr. McHale for arrest and defamation, please see the ‘OPP attempts to silence non-native activists’ section in the journalist resources on our Race-Based Policing reference page.

About John Nicol

John Nicol, has been a member of five different investigative teams, mainly at the CBC and Maclean’s magazine. He has twice been part of teams nominated for Michener Awards for Public Service journalism; is a National Newspaper Award nominee, and winner of several national and provincial awards for investigative and enterprise work. He’s the author of a book examining the impact of the automobile on Canadian life called The All Red Route, which retraces the first attempt to drive a car across Canada in 1912.

ACFI 11th (2009) Annual Fraud Conference: Speaker Bios

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.

If Mr. Burgess does not pay as required under the settlement Mr. McHale can return to court and seek a default judgement and begin enforcment proceedings.

This is the second out-of-court settlement with Mr. McHale regarding defamatory statements. The first was with the Caledonia-based Sachem newspaper in 2008.

Other legal actions for defamation against CANACE founders are pending.

CANACE position on racism and supremacist ideology

Unfortunately, making false accusations of belonging to and/or being supported by ‘white supremacist’ organizations is a common tactic used by native extremists and their supporters who are desperate to discredit CANACE’s effective campaign to turn public opinion against their use of violence and crime against innocents during land claim disputes.

For the record, all founders and members of CANACE have renounced racism and supremacist ideology via a page on the ‘About Us’ section of this website entitled, ‘We Believe…’

• CANACE Statement of Principles: ‘We Believe…’

This page was created on Aug 31/07 and has never been altered since. Much of the content was taken verbatim from a copy of ‘Ontario’s Policy on Race Relations’ signed by former premier David Peterson which still hangs on the wall of the Cayuga courthouse. A staff member was kind enough to photocopy it for us on Aug 27/07 – which we still have today. 

Warning

Any person, group or media outlet that attempts to defame CANACE founders can expect to face aggressive legal action.

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.

1. 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.

2. 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

2) 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

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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.

I think you most likely know by now that both Merlyn and I are former members of the Canadian military and have served with the UN on peacekeeping missions. As Canadians who have worn a uniform and put ourselves at risk for others, we share a strong common bond in another area, too: criticizing police officers as harshly as we have is not something we could ever have imagined doing 3 years ago. We can’t tell you how proud and pleased we are that we were able to encourage our supporters to say ‘Thank you!’ to OPP officers yesterday.

None of us believe that the extremists speak for all native people, and I think it is fair to say that they are losing support within the public at large and within their own communities. Yesterday, I appealed to Six Nations people, especially the occupiers by assuring them that respecting our rights would not diminish theirs. I know the politicians and the OPP doubt our methods, but we believe that if native groups come to understand they must respect the rule of law and the rights of non-natives, that can only be a good thing by making possible meaningful negotiations, and true healing and reconciliation.

As to our methods, we are guided by the principles set out in Dr. King’s letter from the Birmingham Jail dated April 16, 1963 in which he commented on the need to use “constructive tension” to open the door to negotiations:

You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored.

My citing the creation of tension as part of the work of the nonviolent-resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood.

The purpose of our direct-action program is to create a situation so crisis-packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation…

We were pleasantly surprised to see that the DCE occupiers made no attempt to interfere, nor did they make derogatory remarks and gestures towards us yesterday as they have in the past. I would imagine that you had communications with them that may have played a role in that very positive development. If so, you have our thanks. With your help all involved – native and non – conducted themselves with dignity and mutual respect. That was no small thing, and I hope it was a sign of good things to come.

I don’t have Sgt. Michaud’s email address.Would you kindly forward a copy of this to him, please? 

Respectfully,

 Mark 519.457.0709 cell: 519.xxx.xxxx 

Mark Vandermaas
Editor, VoiceofCanada   www.voiceofcanada.ca
Co-author:
‘Legalized MYTHS of Illegal Occupations‘
‘The Human Costs of Illegal Occupations‘
‘McGuinty’s Ipperwash Cover-up: The Caledonia Legacy‘
‘The Ipperwash Papers‘                      
‘The Strength of a Woman – 14 year old ‘Dancer‘

A cry for OPP protection from a resident on the Sixth Line in Caledonia 

“My hope is that one day people will come to Caledonia, not to study the destruction caused by those who would do evil to other human beings for their own selfish purposes, but to learn about your culture, about the damage that was done to it, and how Caledonians – native and non-native – came together as one in the dark days to peacefully proclaim Six Nations and the rest of Haldimand County as a sanctuary from that evil.“     

VoiceofCanada to native reader, Jan 12/07

——————————————————————— 

THANK YOU!

To all of you who were there yesterday - some for the very first time – to help us make history. Thanks especially to the ‘familiar faces’ that have supported the struggle all along. You know who you are and your support is so very much appreciated. To Merlyn Kinrade, the organizer (and Caledonia’s ‘rock’), and Jeff Parkinson (who took video of the event), thank you.

• CANACE video, June 20/09: Canadians march in Caledonia 1:55 mins

To Doug Fleming and his brother Randy whose arrest inspired this march – thank you.

Comment 

Not only did the OPP protect our right to protest near DCE, they kept the Haldimand Detachment open so people who attended the second part of the event in Cayuga (where Randy Fleming and Gary McHale were present) could use the washroom. They also allowed us to use the West side of their parking lot for the protest. When I went over to thank an officer standing watch outside she said that she already heard about my remarks at the Lions Park. I’m glad.

Maybe, just maybe the open door envisioned by Dr. King as he sat in the Birmingham jail for ‘parading without a permit’ is before us. We shall see and we shall hope. We are nowhere near finished with this struggle. We still have to put a Canadian flag on a hydro pole where Bo Chausse was arrested on Dec 16/06, but that day may arrive earlier than we thought, too. When that has been accomplished we must eliminate every vestige of racial policing from Ontario which will require us to confront the terrible influence of Politically-Correct Racism that is the root cause of the misery for residents in Ipperwash and Haldimand County.

As the founders of CANACE have personally discovered, politically-correct racism has permeated every institution in Ontario from the OPP to government to media, and to universities, including law schools which are graduating lawyers that believe the rule of law and equality before it come in shades of grey depending on what colour your skin is, who your ancestors are or how politically-correct your grievances are.  This dangerous attitude must be eradicated, but it will take time. Yesterday was a key milestone in that journey of a thousand steps. 

Please be sure to see the CTV coverage below. It was positive for Caledonia. It portrayed non-native protesters accurately – as peaceful people on a reasonable quest for justice. Reporter Joel Bowey also made the very important point that something had changed fundamentally in OPP policy towards non-natives, the reason for which the force was not willing to explain.  Compared to coverage in the past by various outlets, it was pure light and air.

The Brantford Expositor’s article, although it gives the impression that the protest was organized by the Caledonia Militia instead of CANACE,  makes it clear that non-natives were peaceful (as were the DCE occupiers). The confusion was likely due to the fact that Doug Fleming was part of the CANACE protest in support of his brother and is also the organizer of the Caledonia Militia. The difference between the two is that CANACE is a civil rights advocacy organization while the Caledonia Peacekeepers will be an attempt by Caledonia residents to fill a law enforcement gap in their community until the OPP begin to enforce the law without regards to race.

CANACE supports residents’ efforts to restore the rule of law in their town so long as they act within the law. 

References

• CANACE video, June 20/09: Canadians march in Caledonia 1:55 mins
• CTV News, June 20/09: Caledonia protest coverage
• Brantford Expositor, June 21/09: Citizen’s arrest prompts Caledonia protest REPRINT
• VoC, June 19/09: History in the making a OPP promise escort for Caledonia protest
• VoC speech notes: March with Dignity
• CANACE reference page: Race-Based Policing

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.

2. A few weeks later the OPP arranged to have a meeting with Mr. McHale and other members of CANACE regarding the May 24/09 flag raising protest. Prior to this the OPP had refused such communications due to what we believe was a fear that such meetings would send the message that the OPP recognized CANACE as a legitimate group. Although this meeting did not live up to the full potential of Supt. Gentle’s words it still represented an important step on the part of the OPP – the willingness to hold face to face communications.

3. With the illegal arrest of Randy Fleming and the direct interference with our ‘right’ to ‘engage in lawful protest and demonstration’ on May 24th. Mr. McHale published ‘OPP: Your Actions Speak Louder than Words’ in the Regional News. (link) The OPP were then informed that a special rally would be held in Caledonia in support of Randy Fleming, and also that the Flag Raising Events would be held the second Sunday of each month until the OPP respected the rights of non-natives.

On Friday June 12/09, in a meeting called by the OPP CANACE founders Merlyn Kinrade and Gary McHale were informed by Sgt. Phil Carter that the OPP would permit the planned rally in support of Randy Fleming to march down Argyle St. past the Douglas Creek Estates occupation site. Residents will be carrying the Canadian Flag as they march. This historic march will take place on Saturday, June 20 at 1:30. (Link) For additional information regarding Randy Fleming’s arrest see Link.

The OPP have now not merely acknowledged that all citizens have rights but have made a conscious decision that those rights must be respected and protected in a free democratic society. In so doing they have acknowledged that no one race can be permitted to limit or control the rights of another – even during a land claim dispute. This represents a radical breakthrough in OPP policy.

In two short months the OPP has opened up communications, had face to face talks and consented to a planned non-Native rally which will occur directly in front of DCE. While these are certainly not the last big steps the OPP will need to make over the coming year to eliminate racial policing they are important milestones on the road to equality and justice for all citizens of Ontario – native and non-native.

Gary McHale, Executive Director
CANACE (Canadian Advocates for Charter Equality)
www.canace.ca
info@caledoniawakeupcall.com

——————————————————-

Thank you to supporters and OPP leadership

CANACE would like to thank every Canadian who has stood up to make a difference in the struggle to oppose racial policing in Haldimand County and elsewhere. This victory would not have been possible without your support. 

We would also like to sincerely thank Sgt. Carter and the OPP –  including Julian Fantino - for making this important change in policy. We realize that this breakthrough would not have been possible without the Commissioner’s approval.

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

Caledonia resident is arrested for walking down the road with a Canadian flag near the occupied Douglas Creek Estates.

CANACE hopes that Canadians from inside and outside Caledonia will come to Caledonia on June 20/09 to march down Argyle Street with Canadian flags in support of Randy Fleming who was brutally arrested by OPP officers on May 24/09 while doing the same:  

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

Links

• CANACE news release, June 13/09 (PDF): 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.’

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:

• McGuinty’s Ipperwash Cover-up: The Caledonia Legacy – Full Version PDF

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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.

On March 14, 2007, two and a half months prior to release of the Inquiry’s report, with the assistance of MPP Toby Barrett, the authors held a news conference in the Queen’s Park Media Studio to release their Ipperwash Papers project – 400 pages of documents showing how residents of Ipperwash were victimized by land claim lawlessness, government inaction and racial policing. Afterwards, they provided McGuinty and leaders of the Opposition with a press kit summarizing the Inquiry’s failures. [1]

March 14/07: Mary-Lou LaPratte and Mark Vandermaas meet in Hamilton before driving to Queen's Park for their Ipperwash Papers news conference w/Gary McHale.

The Ipperwash Papers show that the OPP, Provincial and Federal governments allowed race-based policing to exist long before the shooting of Dudley George, and that it was the root cause of both his death and the community’s suffering since 1992. The authors correctly predicted that the yet-to-be-released Inquiry report could never make a single credible recommendation for preventing violence against residents because the Inquiry never allowed the issue to be explored.

The Ipperwash saga began in 1942 when land was expropriated from natives for a military base. $50,000 was paid, and families were relocated to a nearby reserve. An additional $2.5 million was paid in 1981 with a promise the land would be returned when no longer needed. [2] Tired of waiting, natives occupied part of Camp Ipperwash in May 1993, but were not evicted even after a helicopter was shot. [3] In February 1994, the federal government agreed to return the base. On July 29, 1995 native children were used to crash a bus through the main gate as decoys during a violent takeover of the entire base. [4] Military personnel were cited for protecting “life and property” during the evacuation. [5] The adjacent provincial park was occupied September 4th. During a confrontation with natives two days later OPP officers, believing they had taken fire, shot and killed Dudley George.

Victimization of residents began in earnest with a land claim filed against their homes in 1992. Former Ipperwash community leader Mary-Lou LaPratte recounts, “As soon as the occupations and land claim on the West Beach started we noticed a disturbing OPP policy evolving. Natives coming off the occupied lands into surrounding areas to harass, threaten, intimidate, steal from, or assault innocent homeowners and tourists, were exempt from criminal charges upon reaching the safe haven of the disputed land. In the West Beach land claim, which was going through a court process, a native anywhere on the properties, for any reason, would not be charged. Our lives became a daily nightmare of threats, intimidation, and harassment tactics which, over the years, became home invasions and physical assaults.” [6] LaPratte herself was a victim of a 2 a.m. home invasion. When her husband called the OPP he was asked if the intruder was native whereupon he was instructed not to touch the man or face arrest. [7]

In May 1994, the Sarnia Observer published an editorial, ‘Police must enforce laws’ stating, “Regardless of any land claim, natives must obey the law. They simply cannot be allowed to do as they please…” [8] Within sixteen months, natives had launched their violent takeover of Camp Ipperwash, Dudley George was dead and terrified residents were abandoned for weeks by the OPP who pulled out to a distance of 6-10 km for fear of native retaliation, leaving residents and the unsecured shooting scene under control of native occupiers. [9]

The OPP eventually returned, but residents complained bitterly to provincial and federal governments about the lack of OPP protection against rampant native crime. Elected officials wrote back saying it was the responsibility of the OPP to enforce the law. The correspondence offers startling insight into how utterly paralyzed the Canadian democratic system can become when police refuse to do so. [10]

In 1996, hundreds of residents wrote victim impact statements to Federal Liaison Robert Reid who held a position similar to that of David Crombie in Caledonia. [11] The Ipperwash Papers includes thirty-three letters, one of which was written by the town’s Chief Administrative Officer blaming the Department of National Defence for George’s death:

“DND, through it [sic] failure to remove illegal occupiers, failure to permit the law to be upheld, failure to protect its boundaries, failure to ensure safety at one of its military facilities and ultimate retreat from and desertion of Camp Ipperwash in the middle of the night has created a situation that led to the death of at least one individual, the takeover and destruction of public property, terrorizing of a municipality, destruction of property values, and the tearing apart of a community and its way of life.

“Repeatedly, over the two years preceding the fatal shooting of Dudley George, town officials advised provincial and federal government cabinet ministers, politicians and bureaucrats of the real potential for injury and death in the area. Unfortunately, unless real progress towards a solution commences immediately, we feel that more injuries and deaths will occur.” [12]

In 1998 eight natives beat a man to unconsciousness leaving him with permanent damage to his hand. A witness had to call 911 seven times before OPP responded. [13] In 2002 and again in 2005, pieces of two human bodies were found in areas controlled by native occupiers. [14]

The Ipperwash Inquiry, called by McGuinty following his win over Mike Harris’ Conservatives in October 2003, was given a mandate to “inquire and report on events surrounding the death of Dudley George” and “to make recommendations that would avoid violence in similar circumstances in the future.” Ipperwash residents were hopeful it would examine the lawlessness they had endured so the people of Ontario – especially those living in Caledonia – could understand the terrible dangers of race-based policing.

Their hope was badly misplaced.

Next week – Part 2: How the Ipperwash Inquiry suppressed evidence and put Ontario communities on a collision course with anarchy

The Ipperwash Papers are located at www.ipperwashpapers.ca.

.

The Regional News, Feb 25/09

MCGUINTY’S IPPERWASH COVER-UP: THE CALEDONIA LEGACY

by Mark Vandermaas, Mary-Lou LaPratte and Gary McHale

PART 2: How the Ipperwash Inquiry suppressed evidence and put Ontario communities on a collision course with anarchy

On October 15, 2008 MPP Toby Barrett announced that his petition for hearings into the Caledonia crisis had been rejected by Aboriginal Affairs Minister Brad Duguid with the excuse that, “Justice Linden’s comprehensive report arising out of the Ipperwash Inquiry includes a road map for progress in our relations with First Nations and Metis people and the government is following those guidelines.” [15]

The Inquiry’s report contains 100 recommendations, but not one specifically addresses the issue of preventing violence against residents. [16] How could this even be possible given the extreme lawlessness in Caledonia during the year prior to its release?

The Ipperwash Inquiry began with seven days of testimony by two experts on aboriginal culture and history going back to the 17th century. [17] While the Inquiry was keen to understand, in excruciating detail, aboriginal history predating Confederation, they did not want to hear how today’s aboriginals had terrorized innocent residents in the 1990′s. They refused to allow LaPratte to testify despite her position as president of the 600 member Ontario Federation for Individual Rights and Equality (ONFIRE) – a group formed one month after the death of Dudley George to give beleaguered residents a voice – and, arguably, the most knowledgeable person alive regarding the impact of land claims and associated crime on innocent third parties. [18]

Derry Millar, lead counsel for the Inquiry, was well acquainted with both LaPratte and the suffering of Ipperwash residents. He and his law firm successfully defended the West Ipperwash Property Owners Association – of which LaPratte was the Public Relations officer – against the native land claim filed against their homes in 1992. [19] The case went to the Supreme Court of Canada, and on May 19, 1998, the claim was dismissed. [20] It cost residents $500,000 for the legal defence of their homes.

Despite Millar’s knowledge of the residents’ agony, none were permitted to testify about the native crime and violence they had experienced. Out of 139 witnesses, not one was a non-native resident. [21] Mary-Lou LaPratte’s 29-page chronological history of Ipperwash from the residents’ point of view, submitted on behalf of ONFIRE in July 2004, is not listed on the Inquiry website. [22] Not one symposium was held on the subject of preventing violence against innocent residents during land claim protests.

During the three year inquiry, the non-native victims of Ipperwash were allotted a total of just 90 minutes to address Commissioner Linden during a townhall meeting that took place on June 21, 2006 at the height of the violence in Caledonia. The now-mayor of Lambton Shores, Gord Minielly, a councillor at the time, echoed residents’ concerns and expressed his sympathy for Caledonians: “I have listened to all of the seminars, and am most aggrieved that all the work in the last ten years among the governments, OPP and the Natives was of no help in the Caledonia dispute. Violence must not be tolerated. It only serves to leave the area in question paralyzed by fear and a sense of hopelessness.” [23] The Inquiry’s minutes of this ‘Community Consultation’ however, give the false impression there were no significant problems between residents and natives expressed. [24]

Since the Inquiry never examined the issue of preventing lawlessness against innocent residents, and does not have the force of law, the use of it to justify racial policing in Caledonia is illogical, disingenuous, and illegal.

The best evidence for this can be found in the testimony of OPP Commissioner Julian Fantino himself on August 29, 2007 when he told Shawn Brant’s lawyer: “Mr. Rosenthal, there’s nothing in the spirit, the intent, or the written word in this document [Ipperwash Inquiry report] that justifies criminal conduct or that exonerates people from accountability from criminal conduct, or that it absents me as a law enforcement officer from exercising discretion or using the authority bestowed upon me to effect a lawful purpose.” [25]

McGuinty and Fantino have stated that police are ‘peacekeepers’ – as though citizens victimized by land claim lawlessness are living in a de facto war zone with no right to full police protection mandated under the Police Services Act. [26] Both men know they are allowed – and required – to enforce the law before innocent people become victims. They simply choose not to do so in Haldimand County.

The authors briefed Mayor Trainer prior to releasing the Ipperwash Papers who was shocked by the eerie similarities between Ipperwash and Caledonia. “If you just change the names,” she said, “this could be Caledonia.” Her observation highlights the most disturbing and far-reaching consequence of the suppression of evidence from residents: dangerous policy-making resulting from the Inquiry’s inability or unwillingness to identify the root cause of Dudley George’s death as race-based policing.

If the law had been properly enforced in Ipperwash in the years prior to 1995 without regard to race it is quite likely that Dudley George would not have been part of the escalating violence that claimed his life just as Caledonia builder Sam Gualtieri would not have been nearly beaten to death by native thugs if OPP had removed the initial occupiers of the Douglas Creek Estates.

Not one MPP has ever risen in the Legislature to denounce the suppression of evidence by the Ipperwash Inquiry, or the inappropriate use of its flawed recommendations. The Opposition has silently allowed the Inquiry to become a legalized myth justifying racist policing practices that have already been permitted by Conservative and Liberal governments at both the provincial and federal levels.

The authors believe the key reason Ipperwash residents were never permitted to testify was because the Inquiry was not about justice or reconciliation, but about attacking the Mike Harris Conservatives. It should not have surprised anyone that its report was made public a few months before the last provincial election – an obvious attempt to silence the Conservatives regarding law and order in Caledonia.

Since June 2006 ordinary Canadians have been leading the fight to ensure any new inquiry was about justice and law & order, and not about scoring political points. On June 5, 2007 however, PC leader John Tory called for an inquiry into Caledonia stating the purpose of such an inquiry was to review the ‘absence of communication and lack of leadership by Premier McGuinty and his Liberal government,’ and not to examine OPP race-based policing. [27]

MPP Toby Barrett’s February 05, 2009 call to examine the validity of land claims, and allegations of political interference in policing follows in Tory’s footsteps by ignoring the clear wishes of the 7,000 people who have signed the current petition demanding an inquiry into the actions of the OPP. [28], [29]

Ontario’s political parties believe Caledonia is a mere ‘drop’ of water in the political landscape. Real change within the OPP and the Ontario government is possible, however, thanks to a growing grassroots movement to hold all politicians accountable for allowing racial policing to exist. When you sign the petition, you become one of the thousands of ‘drops’ in a river that will one day wash away the illegal actions of the OPP.

The Ipperwash Papers are located at www.ipperwashpapers.ca.

——————————————————————-

REFERENCES

A. Ipperwash Inquiry report

• Ipperwash Inquiry website: www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash
• Ipperwash Inquiry, Volume 1: Investigation and Findings Full Version PDF (VoC download – Full Version PDF)
• Ipperwash Inquiry, Volume 2: Policy Analysis Full Version PDF (VoC download – Full Version PDF)
• Ipperwash Inquiry, Volume 3: Inquiry Process Full Version PDF (VoC download – Full Version PDF)
• Ipperwash Inquiry, Volume 4: Executive Summary Full Version PDF (VoC download – Full Version PDF)

B. The Ipperwash Papers project

• Ipperwash Papers website: www.ipperwashpapers.ca
• Ipperwash Papers: Documents Index
• Ipperwash Papers: Summary of Documents
• VoiceofCanada feature: The Ipperwash Papers

C. Citations

1. Ipperwash Papers news conference & press kit, March 14/07

• www.ipperwashpapers.ca

2. Camp Ipperwash payments & negotiations

• Dept. of Indian & Northern Affairs: Fact Sheet – Camp Ipperwash Negotiations PDF

3. Helicopter Shooting

• Ipperwash Papers: K-5
• Ipperwash Inquiry: Vol 4 (see p10, para 3) (VoC download)
• Ipperwash Inquiry: Vol 4, p10 only

4. Children used to crash bus through gate of Camp Ipperwash

• Ipperwash Inquiry: Vol 1 Ch 7 (see p130-132) (VoC download)
• Ipperwash Inquiry: Vol 1 Ch 7, p130-132 only

5. Military citations for conduct during native attack

• Ipperwash Papers: I-1

6. LaPratte quote re Native crime against residents

• Ipperwash Papers: D-14 
• See also: A1, Documents Index: D-1 to D-13 

7. LaPratte home invasion

• Ipperwash Papers: A-1 (see para 7)

8. Sarnia Observer editorial, May 25/94

• Ipperwash Papers: K-4

9. Victim impact statements re OPP abandonment

• Ipperwash Papers: A-1 (see paras 31-43), F-11, F-12, F-14, F-15, F-26, F-33

10. Correspondence w/elected officials

• Ipperwash Papers: Documents Index (H-1 to H-27)

11. Victim Impact Statements by residents (Authors’ Note: Including the CAO statement referenced below, there are 34 victim impact letters included with the Ipperwash Papers, not 33 as cited in the article) 

• Ipperwash Papers: Documents Index (F-1 to F-34), G-3

12. Town of Bosanquet CAO victim impact stmt, Mar 13/96

• Ipperwash Papers: F-34

13. Assault on Ipperwash resident

• Ipperwash Papers: A-1 (see para 77)

14. Body parts found on former Camp Ipperwash:

• Ipperwash Papers: L-22, L-23

15. Ontario gov’t refuses Caledonia inquiry

• MPP Toby Barrett email, Oct 15/08: McGuinty axes land dispute hearings – uses Ipperwash as excuse

16. No recommendations for preventing violence against residents

• Ipperwash Inquiry: Recommendations from Vol 1 (20) (VoC download)
• Ipperwash Inquiry: Recommendations from Vol 2 (78) (VoC download)
• Ipperwash Inquiry: Recommendations from Vol 3 (2) (VoC download)

17. Expert testimony re Aboriginal culture

• Ipperwash Inquiry: Witnesses Who Have Testified (Darlene Johnston: July 13, 14, 15/04; Joan Holmes: Aug 17, 18, 19, Sept 08/04)
• Ipperwash Papers: O-2 (printed Feb 20/07)

18. LaPratte & Ontario Federation for Individual Rights and Equality (ONFIRE)

• Ipperwash Papers: D-1, F-1, G-3, G-8, H-8, H-9

19. Inquiry lead counsel represented Ipperwash residents during land claim against their homes

• Ipperwash Papers: C-1, C-2, C-3

20. Supreme Court rules in favour of Ipperwash residents

• Ipperwash Papers: C-4

21. Ipperwash residents not allowed to testify

• Ipperwash Inquiry: Witnesses Who Have Testified
• Ipperwash Papers: O-2 (printed Feb 20/07)

22. LaPratte chronology of Ipperwash not listed on Inquiry website

• Ipperwash Papers: A-1 (LaPratte chronology w/affidavit)
• Ipperwash Inquiry: Part 2, Parties with Standing (#12: ONFIRE) PDF
• Ipperwash Inquiry: Part 2, Projects Prepared by Parties to Inquiry PDF

23. Comments by former Councillor Gord Minielly, June 21/06

• Ipperwash Papers: O-4 (Lakeshore Advance, June 28/06)

24. Minutes of ‘Community Consultation,’ June 21/06

• Ipperwash Inquiry: ‘Community Consultation’
• Ipperwash Papers download: O-3

25. OPP Commissioner Fantino on limitations of Ipperwash Inquiry report

• Shawn Brant trial transcript: Fantino testimony, Aug 29/07 (p28-29) (VoC download)
• Shawn Brant trial transcript: Fantino testimony, Aug 29/07 (p28-29 only)
• Newstalk AM1010 CFRB.com: OPP commissioner Julian Fantino and native activist Shawn Brant Wiretap Transcripts PDF

26. Premier McGuinty & OPP Commissioner Fantino comments re OPP as ‘peacekeepers’

• McGuinty: City TV news, May 02/07 re Caledonia Convoy
• Fantino: Hamilton Spectator, Nov 09/07: Full text of the Spec’s interview with OPP Commissioner Julian Fantino (see Q #8: “What is the OPP’s role?”) PDF

27. PC leader John Tory calls for inquiry

• MPP Toby Barrett email, Feb 10/09: Time for an inquiry into area land disputes (see para 4)

28. MPP Toby Barrett calls for inquiry

• Barrett news release, Feb 05/09: Time to determine the truth about Caledonia
• MPP Toby Barrett email, Feb 10/09: Time for an inquiry into area land disputes

29. Resident’s petition for inquiry into OPP

• Ken Hewitt, Dec 26/08: Open letter to Commissioner Julian Fantino
• Petition for Caledonia Public Inquiry: Petition download page
• VoiceofCanada, Jan 03/09: McHale, Caledonia fight Fantino attempt to rewrite history
• Dunnville Chronicle, Jan 17/09: Petition asks for inquiry into Fantino and OPP  PDF
• The Sachem, Jan 09/09: New petition calls for Fantino inquiry   PDF
• Dunnville Chronicle, Dec 24/08: Caledonia residents launch petition for Fantino’s resignation  PDF

D. About the Authors

Complete bio info can be found at CANACE.ca, About Us: Founding Advocates

Mark Vandermaas was the leader for the Ipperwash Papers project. He is a former member of the Canadian Forces who has served with a United Nations peacekeeping force in the Middle East where he personally saw the remnants of war. His parents suffered under Nazi occupation and watched Jews taken away to be murdered. His father escaped from a Nazi work camp. Having sworn an oath to defend Canadian values at the risk of his own life he feels a deeply-held sense of duty to speak out against what he perceives as racially-based policing and threats to the Canadian rule of law.

After his arrest on Dec 16/06 while attempting to raise a Canadian flag in Caledonia Mark put his real estate career and award-winning real estate college concept on hold to become a full time activist working to stop violence and OPP civil rights violations during native land claims.

Mary-Lou LaPratte lived in Ipperwash from 1990 to 2007 and was once nominated – unsuccessfully – for the Order of Canada for her tireless work in pursuing justice for the people of Ipperwash.

Mary-Lou continues to fight for justice and recognition for the suffering of victims of landclaim lawlessness. She supplied the majority of documents for the Ipperwash Papers project, including the 29-page chronological history of residents’ suffering which the Ipperwash Inquiry refused to publish. This shocking indictment of race-based policing should be a ‘must read’ for every Canadian citizen. It is listed as document A-1 in the Documents Index at http://www.ipperwashpapers.ca/.

• Served as Vice Chair of the Ipperwash Policing Committee, 1993 to 1996.
• Organized the first Neighbourhood Watch in Ipperwash, 1993 to 1996.
• Served on the Executive of ONFIRE (Ontario Federation for Individual Rights and Equality), Security, 1995 to 1997.
• President of ONFIRE from 1997 to December 2006. 
• Public Relations officer for the West Ipperwash Property Owners Association, 1992 to 2001.
• Conducted 700 hours of research and cataloguing for a class action lawsuit. 
• Spokesperson for the West Ipperwash Property Owners Association with the Assessment Review Board from 1995 to 2001 during the litigation of West Beach Land claim. 

Gary McHale is a full time Civil Rights Advocate working to stop violence and OPP civil rights violations during native land claims.

Mr. McHale attended a Baptist Seminary and has been a deacon in the church, and preached and/or taught in various churches in Ontario. He has also authored several Christian books. His activism in Caledonia arises out of his deeply-held religious belief that he as a Christian has a duty to speak out against the injustices of race-based policing even if it means travelling to another community.

Subject: RE: your endorsement of OPP ‘Framework’

Dear Amnesty International Canada:

Your recent endorsement of the OPP ‘Framework’ is most disturbing. Mr. McHale has already provided you with information regarding how this Framework has been used to openly violate the rights and safety of innocent non-natives caught up in land claims through no fault of their own, therefore, I will not spend much time on that issue. I do hope you’ve taken the time to read Mr. McHale’s Charter Application and watched the video of Shawn Brant declaring he doesn’t give a ‘rat’s ass’ how many victims he creates!

SUPPRESSION OF EVIDENCE BY IPPERWASH INQUIRY: You are correct in that the Commissioner of the Ipperwash Inquiry did indeed endorse the Framework as ‘best practices.’ What you likely do not know, however, is that the Inquiry deliberately excluded all non-native Ipperwash residents from testifying. It also refused to publish their evidence.

On March 14/07 we released our ‘Ipperwash Papers’ investigative project at a news conference at the Queen’s Park Media Studio. The Ipperwash Papers consist of over 400 pages of documents that prove the Inquiry deliberately suppressed all testimony and evidence from non-native residents traumatized by years of crime before, during and after the death of Dudley George in conjunction with 3 separate land claims, including one against their homes.

It is absolutely critical that people understand that the Ipperwash Inquiry never allowed the impact of native violence on innocent residents to be studied. This is why, out of 100 recommendations, there is not a single one specifically designed to prevent violence against innocent third parties. No politician or police force (or human rights group!), therefore, has any right to use the Inquiry or its recommendations to justify the current OPP approach to native lawlessness.

In addition to the links below I have attached a copy of an article written with the help of longtime Ipperwash community leader Mary-Lou LaPratte that provides a short overview of the suppression of evidence by the Inquiry. I urge you to read and understand.

References:

• The Ipperwash Papers project: www.ipperwashpapers.ca
• VoiceofCanada Ipperwash Papers feature: http://voiceofcanada.wordpress.com/the-ipperwash-papers/
• ‘McGuinty’s Ipperwash Cover-up: attached

THE FRAMEWORK AND HUMAN RIGHTS VIOLATIONS AGAINST NON-NATIVES: I am myself a victim of the OPP’s framework; I was actually arrested (as was Mr. McHale) for trying to place a Canadian flag on a public utility pole across the street from occupied land in Caledonia. The OPP told the Ontario Human Rights Commission in writing they did so to ‘protect me’ from native ‘extreme elements’ who might want to harm me if I was allowed to exercise my rights. Under the Framework, the OPP actually believe they have the right to arrest potential non-native victims instead of dealing with those making the threats. This is like arresting black people to ‘protect them’ from white supremacists instead of defending their right to protest. It is disgusting, but it is a reality under the Framework.

• VoiceofCanada: Human Rights complaint forces Fantino to tell truth (Part 1)
• VoiceofCanada: Human Rights complaint forces Fantino to tell truth (Part 2)

EVIDENCE OF WEAPONS: You stated that “although a spokesperson …publicly alluded to the possibility that the protesters had access to weapons, Amnesty International is not aware of any evidence to suggest that this was, in fact, the case.” I am shocked that you would suggest that a spokesperson’s threat is not evidence of an actual threat.

Nevertheless, if it is evidence you seek that native occupiers have weapons, I wish to advise you that CANACE is in possession of many hundreds of hours of audio recordings proving that Caledonia occupiers have weapons and have been authorized by their leaders to shoot civilians and police.

References:

• VoiceofCanada: Audio recordings reveal OPP hid DCE dangers from public

SUGGESTION: May I suggest that you take the time to read the material sent by Mr. McHale and I, especially our ‘Human Costs of Illegal Occupations’ report (link below), and that we then meet to discuss this very vital issue? If Amnesty International is going to take a side on this issue, surely you want to understand the whole truth – a truth that includes the fact that innocent people are being victimized, not only by native extremists like Shawn Brant, but by the OPP Framework.

After reading our ‘Human Costs’ report, I would ask that you take a minute to put yourself in the places of the innocent victims and ask if you would be willing to sacrifice your own father’s brain function and livelihood, or whether you would be willing to have your sister trade places with ‘Dancer’ who must take medication and go to counselling because she is afraid in her home after all she has witnessed.

I have attached a ‘resume’ for the founders of CANACE to help you understand more about us and our work.

Please contact me any time, day or night.

Regards,

Mark 519.xxx.xxxx cell: 519.xxx.xxxx

Mark Vandermaas
Director of Research
Canadian Advocates for Charter Equality www.canace.ca
Editor, VoiceofCanada www.voiceofcanada.ca
Co-author:
‘Legalized MYTHS of Illegal Occupations‘
‘The Human Costs of Illegal Occupations‘
‘The Ipperwash Papers‘

‘The Strength of a Woman – 14 year old ‘Dancer‘
A cry for OPP protection from a resident on the Sixth Line in Caledonia

“My hope is that one day people will come to Caledonia, not to study the destruction caused by those who would do evil to other human beings for their own selfish purposes, but to learn about your culture, about the damage that was done to it, and how Caledonians – native and non-native – came together as one in the dark days to peacefully proclaim Six Nations and the rest of Haldimand County as a sanctuary from that evil.“

VoiceofCanada to native reader, Jan 12/07

For more than two years the founders of CANACE have worked full time to restore the rule of law and equality before the law in places like Caledonia, Hagersville and Cayuga, and have paid a heavy price for doing so.

•   CANACE fights for Canadians against incredible odds

Along the way, founders Mark Vandermaas and Gary McHale were cited by the Ryerson Review of Journalism for providing coverage of the issues when other media failed. CANACE activism was recognized by the residents of Caledonia in the recent federal election when Gary McHale captured nearly 5,000 votes in the riding of Haldimand-Norfolk, and when three CANACE founders were portrayed in a painting by Caledonia artist Barb Patterson-Tuck (top right). 

Now, Mr. McHale is just two weeks away from arguing 3 separate Charter of Rights challenges related to the OPP’s attempt to silence his voice via a trumped-up charge of ‘Counselling Mischief Not Committed’ related to a protest that took place at an illegal smokeshack in Caledonia on Dec 01/08.

•   CANACE Incident Summary: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence

If he is successful, the OPP may be forced to dismantle their race-based policing framework.

Mr. McHale has gone into Court repeatedly to force the Crown to turn over evidence related to his arrest. Evidence that proves how race played a role in deciding who to arrest. Evidence that includes emails from OPP Julian Fantino revealing how the Commissioner ordered Mr. McHale to be targetted for arrest before any investigation had been done (only one of these emails – from Dec 01/07 – has been made public thus far; a second unpublished email dated Dec 02/07 is far more damaging. It can only be published after it is presented in court).

•   VoiceofCanada, Oct 16/08: McHale submits ‘smoking gun’ Fantino email to Hamilton court

Thanks to Mr. McHale’s persistence and commitment to expose the truth, Commissioner Fantino now cannot avoid being questioned under oath – for the first time ever - about his role in enforcing race-based policing. 

CANACE and Gary McHale stand alone with no resources

Gary McHale must represent himself in court because CANACE cannot afford to hire a lawyer to help. No special interest groups have stepped forward to intervene or even speak out against the outrageous civil rights abuses by the OPP. Mr. McHale and CANACE stand alone – with virtually no resources at our disposal.  

Can you afford just $5 per month to help us continue to stand strong against race-based policing and landclaim lawlessness?

Jim Anderson has been a loyal supporter of Gary McHale and CANACE from the beginning. He recently posted a plea on a discussion board asking for support to keep our work alive:

As we continue into our third year of the occupation it has become very evident that Gary McHale has become an important voice for the Victims of Native Land Claims Occupations and violence. Gary has worked relentlessly on our behalf and has been a voice to reckon with in dealing with the issues of Native Occupations, Violence against innocent Citizens and Police inaction against the criminals.

To be able to continue the fight on our behalf Gary urgently needs our financial support. He needs money to pay for court transcripts, extra funds would enable him to pay for expert legal advice and of course he needs money to live on and survive to be there for us on another day.

Before you dismiss this plea for financial help stop and ask yourselves where would we be today without Gary’s research, tenacity and penchant for seeking the truth and holding the Government and the police accouontable. Think back to the visionaries of the 60′s and 70′s who went to the streets to protest and think of the difference they made in our lives and then think what will happen if Gary can’t continue on in his quest to ensure everyone’s rights under the constitution equally.

In the past election Gary clearly demonstrated that he had the support of almost 5000 voters in Haldimand and that didn’t include the many donors outside the community that supported Gary’s campaign. He also demonstrated through poll results that he clearly won the vote in Caledonia in all polls except for two and in those two he placed 2nd.

What we need is a very small committment from all of those people who clearly supported Gary in the past election to donate at least $5.00 each per month into a war fund which Gary could use to pay his rent and other legal and court expenses in the fight for our rights. Without money and support the resistance will be lost and none of us want to see that happen.

Gary has nothing to do with my plea for financial assistance on his behalf and he does not know about me posting it here. I have talked to Merlyn about my plan and have asked him to also help seek out volunteers to set up this account for Gary.

This would be a stong message from the people to the establishment that we want justice, equality and we will not go away. Of course if there is someone else in the community that will run an information board like Gary has been running with CaledoniaWakeupcall and take up the fight to the extent that Gary has then we would welcome you to do it and Gary’s services and our financial help would no longer be needed.

Somehow I don’t think we have anyone else willing to do all that Gary has done for us so we must support him at his moment of need.

Jim Anderson

Jim was hoping that someone in Caledonia would set up and administer an account. This would be a positive and welcome action on the part of the community. In the meantime, however, we are in desperate need of financial help ASAP, and so we would ask that you consider joining CANACE today as a member Advocate and also that you consider making a monthly financial investment in our work: 

•   Become a CANACE Advocate (scroll down to see monthly donation plan options)

Please help us keep this important work moving forward.

Thank you for your support.

CANACE Executive Director Gary McHale recently received the poll-by-poll results for Haldimand-Norfolk which show, among other interesting stats, that he scored 1st or 2nd in every Caledonia poll!

In addition to taking Caledonia, Mr. McHale showed that he had support in neighbouring towns as evidenced by the fact that 62% of his votes came from outside Caledonia. Caledonia’s victims should be pleased to know that some of their neighbours really do care about their plight.

Congratulations to Gary. Thank you to all those who supported him during the election!

For other election news and background visit www.GaryMcHale.ca.

References

• CANACE news, Oct 03/08: CANACE Executive Director runs in Haldimand-Norfolk riding
• Gary McHale campaign site: www.GaryMcHale.ca
• VoiceofCanada category: Election 2008