CANACE ‘extortion’ charges certified by Ontario Court of Justice

8 07 2008
UPDATE 2017 EST July 15/08:
UPDATE 2115 EST July 11/08

UPDATE 1115 EST July 10/08:


One of the most important legal decisions in Ontario’s history with respect to ending landclaim lawlessness was released today in a Cayuga courtroom by Justice of the Peace Dan M. MacDonald when he announced that summons for Floyd and Ruby Montour were to be issued so that they can face criminal charges in connection with their occupation of construction sites in Cayuga and Hagersville.

CANACE Executive Director Gary McHale originally filed 9 charges against the two via private ‘informations’ heard by the court on June 17/08, all of which were certified by the Justice today:

  • Floyd Montour (5 charges): Extortion, Intimidation, Mischief (x3)
  • Ruby Montour (4 charges): Extortion, Intimidation, Mischief (x2)

Mr. McHale submitted 210 pages of evidence to the court, some of which was obtained from the City of Brantford Motion Record against native occupiers. He also supplied video evidence and testimony from one of the Cayuga builders.

Here is an excerpt from the Justice’s decision:

The Decision

“Based on the testimony of the Informant and other witnesses that appeared before me on June 17, 2008, and after reading the documentary evidence, including authorities, and having viewed the video clips on the DVD, I am satisfied that the two informations before me regarding Floyd Montour and Ruby Montour are valid and that the Informant Gary McHale has presented some evidence of all of the essential elements of the offences, i.e., a prima facie case.

“Process will be issued.

I will instruct the Clerk of the Court today to prepare a summuns for Floyd Montour and a summons for Ruby Montour, ordering them to appear in this Court regarding the charges that are on the two Informations laid by Mr. McHale.”

Ontario Court of Justice ruling, July 08/08
Justice of the Peace Dan M. MacDonald

After the decision was released, some government employees – police and court staff – made a point to congratulate Mr. McHale.

The Montours have been ordered to appear in court on Aug 20/08 to answer to the charges. Remember, they are innocent until proven guilty.

CANACE steps in when OPP refuse to enforce law

CANACE co-founders McHale, Vandermaas, Kinrade and Parkinson were present in Cayuga on May 12/08 during a work stoppage by native protesters – including Ruby and Floyd Montour – designed to extract money and a change of deeded ownership from the registered owner/developer. It was at that time the developers signed a form authorizing CANACE to enter the property to gather evidence for the purpose of filing criminal charges. (Builders who wish similar assistance from CANACE can find a copy of the form at the back of the CANACE report entitled, Legalized MYTHS of Illegal Occupations.)

While at the development, Jeff Parkinson filmed the OPP site commander Sgt. Michaud refusing to arrest the lawbreakers, telling Mr. McHale and Mr. Vandermaas that the OPP does not recognize the Land Title Deed system in Ontario as the authority on land ownership. The sergeant also stated that the OPP were acting on advice from the Crown Attorney in refusing to enforce the law. Watch these startling statements on CANACE video:

More charges to come

CANACE next intends to pursue charges against the so-called Haudenosaunee Development Institute (HDI) on whose behalf Ruby and Floyd Montour have been demanding money and deed transfers from private landowners.

We plan to travel to Brantford to gather evidence for future charges against those who encourage and/or perpetrate criminal acts in connection with their intimidation of builders.

CANACE co-founder Jeff Parkinson has filed private prosecutions against 2 OPP officers who assisted native protesters in barricading an occupation site in Hagersville. A decision from the court on those charges is pending.

Finally, three CANACE co-founders have an outstanding complaint alleging criminal behaviour by 3 other OPP officers. If the government refuses to act on them, those complaints, too, will be pursued via private prosecutions.

Liberals expected to oppose charges

CANACE fully expects that the Liberal government will attempt to vigorously oppose charges and/or sentences against native protesters and HDI organizers as they have done in other cases. In one case, the government offered $200,000 to pay legal fees for native protesters convicted of crimes with the promise of more to come should they appeal their sentences.

London Free Press, March 27/08: Jailing of native protesters raising ire

It should be noted that the Liberals have NOT made a similar offer of intervention and legal funding to the non-natives charged during the Dec 01/07 protest at an illegal smokeshack in Caledonia.

CANACE welcomes any and all efforts by the Liberal government to oppose our attempts to enforce the law in the face of OPP obstinence since such interference will draw even more attention to the fundamental bias of the Liberals and police against non-native victims of native lawbreakers. 

The Ontario Provincial Police leadership should be replaced ASAP

Mr. McHale has successfully filed charges against natives involved in the violent attacks on non-native protesters on Dec 01/07, but this is the first time in Ontario’s history that ordinary citizens have stepped in to take over when the OPP have refused to enforce the law in connection with illegal occupations.

For more than two years the OPP and Liberals have done everything they could possibly do to enable native lawbreakers in victimizing innocent citizens, making as few arrests as possible while bringing the full weight of the law and public opinion down on non-natives who dared to protest against the violence, criminality and civil rights violations in Ontario communities.

The OPP have been aware of the complaints of extortion, mischief and intimidation all along, but it was not until CANACE exposed the complete and utter lack of legal justification for race-based policing on May 07/08 and began gathering evidence for the laying of charges against the perpetrators with the assistance of the Cayuga builders on May 14/08 that the OPP half-heartedly announced they were going to ‘investigate’ the complaints.  

When ordinary citizens are required to do the work of a police force that has so shamefully abdicated its responsibilities to the citizens it is supposed to serve, one may justly argue that such a force is corrupted beyond salvage. It is time to demand that the top 250 officers be replaced, and that the force’s policies be closely scrutinized by the Ontario Human Rights Commission and the Ontario Ombudsman (legislative changes will be required since policing is currently excluded from the Ombudsman’s mandate) with the help of civilian oversight, preferably by a citizen’s action group such as CANACE.

(Unfortunately, the Ontario Civilian Commission on Police Services has so far functioned more like an OPP rubber stamp process for race-based policing than as a police oversight organization therefore, they cannot be entrusted with OPP reforms.)

CANACE believes that the sooner top officers are ‘retired,’ and the force instructed by the Minister of Community Safety and Correctional Services to obey the Police Services Act by enforcing the Criminal Code without regard for the race of offenders, the sooner our province will draw back from the brink of anarchy.

Until that day arrives however, CANACE will, despite our severely limited resources, continue to do our best to protect innocent Ontarians from the criminality of extremists who pretend to speak for honourable native people, and from the OPP who enable them.

Mr. McHale’s determined leadership in the face of overwhelming odds has shown that it is possible to fight back against those who would take our rights against us. Be sure to read, ‘CANACE fights for Canadians against incredible odds‘ for some insight into the price paid for today’s victory.




One response

9 07 2008

VoC note: This comment was originally submitted to a VoiceofCanada article – ‘McHale wins judicial review hearing in Cayuga court!

Dear Mark,

I just read on the Canace site the certification of the charges against Ruby and Floyd Montour.

I am overwhelmed by this victory and so thankful that people like you, Gary, and Jeff have come so far with no money and no legal expertise. I hope the OPP hang their heads in shame, and now the Brantford police for also having everything at their disposal to do their jobs and not doing a damn thing.

It is gratifying to know that any individual with a true cause can make a difference without violence, but by using the law as it should be used.

We owe all of you a debt of gratitude for even trying to go the distance with virtually nothing but the will to right an indescribably detrimental wrong being allowed to escalate by the very people entrusted to protect us.

McGuinty may be intent on turning Ontario into a lawless land in lawless hands, but now we know for sure with the sacrifices of you people and your small support team there are those who will do whatever is necessary at great personal hardship for the benefit of those who have floundered and delayed taking a stand.

There can now be no excuses for those who do not standup for the rights of others. You men have shown the way. Those who are compromised in any way by native lawlessness and violence need to press their own charges if the OPP or any other police force refuses. The hope is that the courts will continue to endeavour to hold up the law equal to all.

Thank You. You are all awesome.

CANACE REPLY: Thank you for the kind words Mary-Lou. They mean a lot coming from you. Regards, Mark. Readers should take time to read, ‘The Strength of a Woman’ – Mary-Lou LaPratte, Ipperwash hero.’ Mary-Lou is the Ipperwash Liaison for CANACE.

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