CANACE scores a victory in Court

“I am offended by the actions of Inspector McLean.”
Judge Marshall, July 04/08
McHale judicial review
Ontario Superior Court, Cayuga, ON

On July 02/08, Mr. McHale was in court for a pre-trial session that went very poorly for the Crown. See VoiceofCanada article link below, ‘McHale gives Crown bad headache.’

CANACE is pleased to advise that CANACE won another victory on July 04/08 during a judicial review in a Cayuga courtroom when Judge Marshall agreed with Mr. McHale that Justice McDonald erred during Mr. McHale’s Bail Variation hearing in December 2007 once OPP Inspector McLean refused to appear.

Judge Marshall told the Crown he was “offended” that OPP Inspector Dave McLean refused to appear in court after being served with McHale’s subpoena. This means that when Mr. McHale next challenges his bail restrictions in the coming weeks McLean will be receiving another subpoena which he had better respect since one of the options available is to issue an arrest warrant for failing to appear. 

CANACE has issued a statement outlining the details of the decision by Judge Marshall:

CANACE News Release, July 04/08
CANACE scores a victory in Court

References

• CANACE news release, July 04/08: CANACE scores a victory in Court
• VoiceofCanada, July 04/08: McHale wins judicial review hearing in Cayuga court!
• VoiceofCanada, July 02/08: McHale gives Crown bad headache
• CANACE Incident Summary, Dec 13/07: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence