Race-Based Policing

Sachem-Dring Randy Fleming May24-09

Randy Fleming arrested during peaceful, one-man, Canadian flag protest. Note the officer's knee on his head. Photo by Neil Dring, the Sachem.

(Scroll down for reference links)             

Crimes against democracy  committed during an illegal ‘peacekeeping’ mission on Canadian soil…   

The lack of media criticality and depth – until of late – with respect to examining the issues surrounding Caledonia has left CANACE has 3.5 years of evidence and, literally, hundreds of stories to tell and lessons to learn from the terrible cost – in human and economic costs – of the crimes against democracy committed by the Ontario government during a concerted attempt to redefine the rule of law and diminish the Charter rights of non-native citizens for the purpose of appeasing aboriginal extremists.   

We have thousands of pages of documentary evidence including media articles & editorials; court transcripts; Crown submissions; legal decisions; Ipperwash-era documents and, of course, the various reports we ourselves have authored. Efforts are ongoing to make all of it available to the public for research purposes.            

CANACE  does not necessarily endorse statements made or positions taken by founders in their personal websites. The links are provided for informational purposes only. This page is under continual construction. Thanks.     

– RESOURCES FOR JOURNALISTS –   

Contact: Gary McHale, 289.286.0423 info@canace.ca.

Key Investigative Resources   

From the beginning of the Caledonia crisis in Feb 2006 until Jan 2010 there was – with one notable, yet unfortunate exception [INFO] – almost no investigative journalism taking place to delve into what should have been obvious questions such as these:   

  • Why did Canadian citizens in Caledonia require a ‘peacekeeping’ mission?
  • Who has the authority to authorize a peacekeeping mission on Canadian soil?
  • What is the legal authority for a provincial government to diminish federal Charter rights, and protection under its own Police Services Act during a land claim dispute?
  • Why was the Ontario government allowed to interfere with the policing contract between the OPP and Haldimand County by engaging David Peterson to negotiate the surrender of Sixth Line policing to appease criminals who had attacked the town?
  • If conditions in Caledonia were so bad as to require a ‘peacekeeping’ mission instead of police protection mandated by the Police Services Act why did Monty Kwinter promise native extremists in writing at the height of the violence on May 03/06 that he would not call in the military to protect Caledonians  immediately after OPP officers were attacked by on April 20/06 attempting to enforce a court order?
  • What was the legal authority for the government to negotiate an agreement with a gang that has attacked a community whereby the gang is permitted to determine the racial makeup of a police force in that (non-reserve) community?     
  • What was the legal authority for the OPP to ignore a Supreme Court decision (Ramsden v. Peterborough, 1993) by suspending the right of non-native citizens to place a Canadian flag on public utility poles near the occupation site from Dec 02/06 until July 12/10 as an alternative to protecting the rights of non-natives from – (as they informed the OHRC) – a native “extreme element” who might wish to harm them?  What is the authority for police to arrest potential victims of crime (four people in total) instead of protecting their  Charter rights from the threats of violent criminals?
  • Why were the OPP’s so-called “best practices'”(as the Commissioner of the Ipperwash Inquiry described them) ripping Caledonia apart; traumatizing thousands of people; and taking areas of Ontario so close to the brink of anarchy that one reporter with the Simcoe Reformer did warn that the government “will have a “militia movement” to contend with along with growing native unrest”?
  • Why is the McGuinty government and the OPP repeatedly justifying their handling of Caledonia using an inquiry that, despite being in session  during the worst of the violence in Caledonia, never allowed the issue of violence against residents to be explored, and never made a single recommendation to prevent such violence?
  • Did OPP Commissioner Julian Fantino have any evidence whatsoever to support his and the OPPA’s public pronouncements that non-native activists Gary McHale and Mark Vandermaas were engaged in or had an “agenda” of promoting, inciting or committing acts of violence?
  • What legal authority permits OPP officers to simply refuse to protect the property rights of victims of illegal occupations in Cayuga and Hagersville without a court order?
  • Were OPP officers indeed under orders to identify the race of lawbreakers and conduct themselves differently whether the person of interest was native or non-native as residents, activists and the Mayor of Haldimand claimed?  

roadblocked.jpgStatements by Politicians 

  • MPP Toby Barrett, Feb 11/08: Haldimand Proclamation for Peace, Order & Good Government [PDF 1p] 
  • Haldimand Mayor Marie Trainer, Nov 25/08: Testimony at Gary McHale preliminary hearing [PDF, 101P (incl 2 other witnesses)]

Criminal charge vs. OPP Commissioner Fantino 

OPP attempts to silence non-native activists 

An illegal peacekeeping mission

  • Peacekeeping vs. Law Enforcement: [PDF, 2p,  LINK]

OPP abandons non-native residents

  • Residents of Sixth Line abandoned by their police force: [PDF 1p, PDF, 1p, PDF, 2p, PDF 1p: According to Mayor’s office: “…there never was an official agreement, but an arrangement was made between the Six Nations Police and the OPP to monitor the Sixth Line, the Seventh Line, Oneida Road and DCE.”; LINK, VIDEO] [MEDIA, INFO, INFO (see audio transcript excerpt #1)] 

The Ipperwash Inquiry

OPP Race-Based Policing – CONFIRMED

  • Brown-Chatwell trial [awaiting funds to purchase Brown-Chatwell trial transcripts. See [INFO] [INFO]). 
  • Journalist’s Quick Reference Evidence Guide (as Feb 01/10): PDF, 9p, see especially summary of Officer Bird testimony.]
  • Transcript, April 24/09: OPP Officer Jeffrey Bird, [PDF, 99p]; 
  • [Fantino reference letter for native man re assault Gary McHale, PDF, 1 page].
  • Haldimand Mayor Marie Trainer, Nov 25/08, and OPP Officer Paul McDonald: Testimony at Gary McHale preliminary hearing [PDF, 101P (incl 1 other witness)] 
  • Race-Based decision making at Ministry of Attorney General Crown’s office, and related Caledonia topics: [LINK, LINK]

– Illegal Occupations and the Law –   

Our May 2008 ‘Legalized MYTHS of Illegal Occupations’ report concluded that – based on our opinion as non-lawyers – there seemed to be no lawful justification for the tolerance of native lawlessness or the refusal to protect its victims:   

Since then court rulings from illegal occupations and CANACE’s successful private prosecutions of native protesters and OPP officers have born out our belief that judges were not about to sacrifice the rule of law to appease native extremists and the McGuinty government:     

  • Caledonia Lawsuits – Case Summaries [LINK]

There is no room for doubt. These cases concisely, yet thoroughly, examine – in the context of the Caledonia crisis as it has unfolded – critical issues such as: rule of law vs. aboriginal rights; Six Nations land claims; the Nanfan Treaty; OPP refusal to remove occupiers; etc.   

On Feb 08/10 the Caledonia Class Action lawsuit was certified by Superior Court of Ontario Justice Crane.  The courts are decisively rejecting the OPP/Ont gov’t attempts to deny Charter/Police Services Act protection to non-natives. [PDF, 21p, INFO, LINK, INFO]

There is no lawful justification for the McGuinty/OPP argument that non-native rights may be subordinated or otherwise diminished during an aboriginal land claim, or that innocent property owners must suffer the extortion, intimidation and mischief that characterizes  illegal occupations without recourse.   

Non-natives are entitled to the fullest protection under the Charter, the Police Services Act and the Criminal Code. When you take time to read these rulings you will come to understand that the terrible events in Caledonia – and Ipperwash before – are not ‘mere’ fraud – they are nothing less than crimes against democracy committed by a knowing, wilful government in order to appease extremists for political ends.   

That these crimes were able to be hidden in plain sight simply by labelling them as ‘peacekeeping’ is an insult to every journalist, politician, lawyer and civil rights organization that either failed to recognize the dangers or chose to remain silent.    

– GENERAL RESOURCES –

About CANACE and our accomplishments            

Race-Based Policing 101              

General                

  • CaledoniaWakeUpCall.com (Gary McHale, news aggregation, 17-25GB transfer/month)
  • Gary McHale’s column in Regional News  (weekly detailed reports since Dec 2008 on CANACE court actions, etc., many unreported stories that only Haldimand residents were able to receive thanks to this Caledonia-based paper and a courageous publisher  who allowed Mr. McHale to tell our story in our own words.)
  • VoiceofCanada.ca (Mark Vandermaas, 320+ articles documenting CANACE efforts to end race-based policing)
  • CaledoniaWakeUpCall blog (Jeff Parkinson, 200+ articles: comment, CANACE efforts)
  • Offended by Offence (Frances Widdowson, co-author of ‘Disrobing the Aboriginal Industry‘)

Suggested Books & Commentary               

Disrobing the Aboriginal Industry
Frances Widdowson & Albert Howard, 2008               

Art & Humour                

Legal                 

CANACE in the Media   

CANACE in the Courts                

  • Gary McHale’s column in Regional News  (weekly detailed reports since Dec 2008 on CANACE court actions, etc., many unreported stories that only Haldimand residents were able to receive thanks to this Caledonia-based paper and a courageous publisher  who allowed Mr. McHale to tell our story in our own words.)
  • Caledonia Lawsuits

CANACE in Jail                

CANACE in Politics                

  • Gary McHale Election Website (rec’d 10% of total votes as independent candidate in 2008 Federal election – 1,822 in Caledonia, pop. 10,000 ).

CANACE speeches                

1. Gary McHale:                

2. Mark Vandermaas:                

3. Merlyn Kinrade:                

4. Mary-Lou LaPratte:                

CANACE Presentations                

  •  Sept 29/08: ‘Reconciliation: the CANACE Path (Brantford Council)
  • May xx/08: ‘Legalized MYTHS of Illegal Occupations’ (Cayuga Lions Hall)
  • June xx/07: ‘Canada at the Crossroads’ (Caledonia Lions Hall)
  • Jan 14/07: ‘Why we come. What has been accomplished. Where do we go from here? (Caledonia Lions Hall)
  • XXX xx/07: Legal Workshop (Cayuga Lions Hall)

Property Rights                

Protests                

 Complaints & Lawsuits                 

Political Interference in Policing               

Organized Crime & Anarchist Involvment in Landclaim disputes               

  • Mohawk Warriors (see links)
  • McGuinty interference ignores terror & violence links while sacrificing children to illegal smokes
  • Anarchist groups & unions assist native militants to undermine rule of law

    • CANACE FAQs                

    1. What really has been happening in Caledonia?                

    nov207.jpgopp.jpgThe most explosive of the events in Caledonia can be seen in the awful photos, and the intimidation continues unabated to this day. Attempted murder of a builder. Attacks on police with no arrests or charges against the native thugs responsible. Violence against non-natives protesting at an illegal smokeshack in front of police without arrests even as the attacks continue. Peaceful non-natives sent to hospital – victims publicly blamed by OPP commissioner who orders his officers to target a non-native activist for charges before police investigation is even begun. Native smokeshackers fabricate false assault allegations. Illegal occupations of development sites protected by OPP officers in what the Court says are abuses of police power and discretion. OPP officers assist native protesters to build barricade to keep legal owner out of property and have charges of Mischief certified against them via private prosecution – charges dropped by Crown. Charges of Extortion and Intimidation laid against native protesters – charges dropped by Crown. Mischief. Threats of further road blockades.  Charges against natives dropped by Crown while non-natives are prosecuted for the most minor of offences. Illegal smokeshacks selling cigarettes to the town’s children. Placement of smokeshacks on private peoperty. Threats against non-natives to force the OPP to deny them their right to protest near their occupation site. Brutal arrest of resident walking quietly down the road with a Canadian flag.  Commissioner of the OPP intervenes to ensure Assault Police charge is dropped against violent native ringleader, then writes reference letter for him to aid in obtaining a reduced sentence for his assault on a non-native activist. False accusations against non-native protesters by native protesters and OPP officers. It goes on and on and on.                 

    NOTE: Every statement above is supported by documentary and video evidence as well as court evidence.                 

    garbag11.jpebridge-fire2.JPG[If you click on the photo of the man throwing the pallet off the bridge onto the roadway below you will see what appears to be an OPP police car on the far side of the bridge. You do not need to click on the photo of the main road through Caledonia being dug up to see all the police cruisers.     

    2. Does CANACE ‘provoke’ violence?                 

    For those who wonder if the mere act of exercising one’s rights by confronting injustice via peaceful protest (i.e. raising a Canadian flag on a public utility pole) is inappropriate for fear of a violent reaction from others, history has already answered this question:                

    3. Is the struggle against Race Based Policing about racism towards native people?                

    It is a source of bewilderment to CANACE how one can be accused of being racist for speaking out to defend the rule of law; equality before the law; the Charter of Rights and the decisions of the Supreme Court of Canada, and for the native victims of the same policing policings against which we oppose.    

    Unfortunately, false accusations of racism happen regularly to people who speak out against the use of violence, crime and intimidation during land claims. The authors of Donner Book Prize finalist ‘Disrobing the Aboriginal Industry‘ have also been attacked as racists.                

    We believe that the true racists are, in fact, the native extremists who have brutalized, vandalized and traumatized the people of Caledonia and, in the process, also victimized innocent native people as well. Fortunately, the media and politicians have grown tired of smarmy allegations of racism, and are now writing and saying the very same things about native extremism that CANACE has been espousing during the past 2.5 years. Proof positive native extremists have lost PR battle                

    The following links will help you decide if CANACE is motivated by racism.                 

    This quote is from the summary to Mark Vandermaas’ Jan 10/07 presentation of Canada at the Crossroads: The Ipperwash Legacy:                

    “I believe, however, that it is a critical mistake of both our government, the Inquiry and the OPP to assume that violent criminal factions speak for native people, and to ‘negotiate’ with them as if they do. It is an insult to every honourable, law-abiding, peace-loving native person in Canada.                

    OPP Two Tier Justice policies are based on the false premise that native people have no self-control, that they are incapable of obeying the law,t hat they and their children are willing to live in a lawless world ruled by criminals who take what they want, when they want. For more than 15 years the OPP has been sacrificing the well-being of law-abiding people – both native and non-native – for the benefit of sociopaths and demagogues.                

    What does it say to honourable aboriginal parents who try to raise their children to have respect for the rights and property of other citizens when the government and the OPP so eagerly reward thugs in native communities for their violence and criminality? How many native youth have been turned away from productive lives by well-meaning, but destructive racial policing policies?”                

     4. Why are we prepared to go to jail for a Canadian flag?                

    mark-in-police-car-dec-16-06.jpgCANACE co-founders Gary McHale and Mark Vandermaas were arrested on Dec 16/06 for attempting to raise a Canadian flag across from the occupied Douglas Creek Estates as a way to expose the absurdity of the Two Tier Justice that Caledonians and Ipperwash residents are forced to endure. We were protesting to support resident Bo Chausse who had been arrested on Dec 02/06 for the same ‘offence.’ Just days after our arrests, on December 21, 06 the Toronto Star ran its historic editorial saying, in part…                

     ”There cannot be different classes of law for different classes of people. That undermines the very equality we strive for and cherish in Canada. The rule of law is paramount in Canada’s society and must be upheld.”                

    Four people have been so far arrested while trying to display a Canadian flag near the Douglas Creek Estates:                

    Why are Canadians prepared to go to jail for this cause? What price would you put on the Rule of Law, and the right to be treated equally before that law? Our freedom is such an insignificant price to pay if we can hasten the day when the Rule of Law is no longer a topic for debate.                

    5. What do you see as ‘The Solution’?                

    The only solution possible to bringing about true healing and reconciliation must be based on the recognition by all parties that no one is above the law, that all human beings are equal before the law, and that victimizing innocents is not the means of pursuing one’s grievances. Continuing down the road of appeasing or tolerating racial policing and violent native groups can never provide a true solution.               

    We believe that meaningful healing and reconciliation can be best begun with an apology from the OPP for conducting racial policing; one from the Ontario government for allowing it; and one from Six Nations for its role in supporting the extremists who attacked Caledonia’s people and infrastructure.    

    Milestones   
    • Feb 08/10: Superior Court of Ontario Justice Crane certifies Caledonia Class Action lawsuit. [PDF, 21p, INFO, LINK, INFO]
    • Feb 03/10: Crown Attorney withdraws criminal charge against Julian Fantino. PC Party of Ontario condemns appearance of impropriety. [INFO]
    • Feb 02/10: CBC National News investigative reporter John Nicol publishes two stories – one about CANACE founders Gary McHale & Mark Vandermaas, the other about OPP emails which reveal Mr. McHale was targeted for arrest in order to appease native radicals even though they had no evidence against him. [INFO]
    • Jan 08/10: Justice of the Peace Brown issues summons [PDF, REPRINT] for Fantino to appear at the Cayuga Courthouse at 1000 on Feb 03/10 to answer charge of Influencing Muncipal Official . See also: LINK, LINK, LINK, LINK.
    • Jan 08/10: Globe & Mail’s Christie Blatchford becomes first journalist (outside Caledonia) to effectively clear CANACE co-founder Gary McHale’s name of Fantino’s attempts to smear him as an inciter of violence and target him for arrest. In ‘Activist a nagging thorn in Fantino’s side‘ [PDF, REPRINT] she says: “As for Mr. McHale, despite Mr. Fantino’s clear efforts, as documented in emails and court transcripts, to “take him out” – that is, have him charged with something, anything – the only crime the OPP with is the novel “counselling mischief not committed. A date for the resumption of the preliminary hearing on that charge has yet to be set. Mr. McHale, as he almost always does, will represent himself – a portly, bespectacled fellow who is nonetheless proving a spirited and sharp combatant.“The effect was immediate and satisfying in that reporters suddenly began treating McHale and CANACE with new respect and listening to what he/we had to say. Blatchford, in one fell swoop, single-handedly smashed down the wall of suspicion in the minds of the Canadian media that Fantino had erected in his unsuccessful attempt to silence us. Her article is also the first to report on the political influence brought to bear on Caledonia resident and Hamilton Police Service officer Dave Hartless by Ontario Senior Negotiator John Nolan when he used the OPP to try to silence him.
    • Jan 06/10: Nearly 4 years after the Caledonia occupation began Hamilton Spectator (the largest daily newspaper closest to Caledonia) issues its first-ever editorial [PDF, REPRINT] condemning the OPP and the McGuinty government for the “double standard in policing the Caledonia land dispute, and the reality that”neither the police nor the province are prepared to address that sad reality.” 
    • Jan 05/10: Christie Blatchford of Globe & Mail becomes first journalist (outside Caledonia) to tell part of the tragic story of Chris and Myron Dudych [PDF, REPRINT] who live on the Sixth Line in Caledonia without OPP policing. They also happen to be parents of Pam Dudych – otherwise known as ‘Dancer,’ the courageous  14 year old girl who spoke out for the children on her road at a time when most in Caledonia were too frightened to do so. 
    • Dec 31/09: McHale v. Attorney General of Ontario, 2009 – Superior Court grants Gary McHale application for Mandamus ordering that a justice of the peace issue process for a charge under s.132(2) of Criminal Code (Influencing or Attempting to Influence Municipal Official) vs. OPP Commissioner Julian Fantino in connection with an email he sent to Haldimand Council on April 07/07.  See also: LINK.
    • Dec 31/09: Brown-Chatwell Caledonia lawsuit settled mid-trial. See also: LINK.
    • Nov 15/09: CUPE 3903 First Nations Solidarity Working Group admits anarchist groups are involved in assisting union efforts to support the Haudenosaunee Men’s Fire, a criminal organization that a Superior Court judges says is involved in extortion, intimidation and mischief. Also admits it took money from anarchist organization ‘Freedonia.’
    • Nov 09/09: $7M Brown/Chatwell trial begins. Admissions from senior OPP officers that they failed to enforce the law against native protesters and knew it was wrong. Heartwrenching testimony from victims Dave Brown and Dana Chatwell.  Click here for key testimony excerpts from media coverage.  
    • July 14/09: Six Nations Councillor Helen Miller says majority of Six Nations people “are fed up with the protests, fed up with these groups of people [warriors, HMF, HDI] and individuals [Steve ‘Boot’s Powless] claiming to speak for them, and fed up with the smoke shops on Highway 6. So people who fear another Caledonia can put their fears to rest.”
    • July 12/09: The end of the beginning! After 4 arrests and a 31 month campaign, the battle to force the OPP to stop violating the right of non-natives to place Canadian flags on hydro poles near a Caledonia occupation site ends in victory.
    • July 09/09: First arrest of illegal smokeshack operator in Caledonia – after CANACE sends warning to OPP.
    • July 02/09: : McHale v. R., 2009  – Court overules Crown’s decision to stop private prosecution of government officials by preventing evidence from being heard by Justice of the Peace. Together w/Parkinson v. R., 2009 CANACE founders have now defined the limits of Crown authority during private prosecutions. Justice Marshall highlighted importance of issues raised by quoting from Alexander Hamilton, a father of the U.S. Constitution. Currently under appeal by Crown as of Dec 05/09.
    • CANACE news release, June 13/09: OPP take first steps toward ending Race Based Policing  PDF
    • Jan 12/09: Parkinson v. R., 2009 – Ontario Superior Court orders charges certified in private prosecution of OPP officers for Mischief re aiding native protesters during illegal occupation. Crown drops charges. See also: LINK
    • Oct 15/08: CANACE Executive Director wins 10% of the votes in federal election in riding of Haldimand-Norfolk. 1822 votes of the 4,821 votes came from Caledonia, with a total population of approximately 10,000.
    • Jan 20/07: OPP call in London riot squad and helicopter to prevent non-natives from raising Canadian flag.
    • Dec 16/06: Arrest of Gary McHale & Mark Vandermaas at flag raising protest.
    • Dec 02/06: Arrest of Caledonia resident Bo Chausse while attempting to place a Canadian flag on a utility pole across from the occupied Douglas Creek Estates.
    • Oct 15/06: Gary McHale’s Inaugural ‘March for Freedom’ attracts 2,000 who peacefully march through Caledonia’s streets against ‘Two Tier Justice.’