Ontario judge rules Caledonia Class Action can proceed to trial

9 02 2010

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

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

The end of racial policing is inevitable

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

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

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

Well done Mr. Findlay, well done representative plaintiffs

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

Representative Plaintiffs:

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

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

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





OPP take first steps toward ending Race Based Policing

13 06 2009

RELEASED: June 13, 2009

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

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

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

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

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CANACE responds to Amnesty International re OPP Framework

14 11 2008

Sent: Fri 11/14/2008 11:37 AM

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.

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CANACE founders cited by Ryerson Review of Journalism

24 07 2008

CANACE is pleased to announce that the prestigious Ryerson Review of Journalism has recognized the work of co-founders Gary McHale and Mark Vandermaas for their contributions to news coverage of the Caledonia crisis via their respective websites, CaledoniaWakeUpCall.com and VoiceofCanada.ca.

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CANACE files 32 new charges: Extortion, Intimidation

16 07 2008

UPDATED Aug 12/08

CANACE Executive Director Gary McHale today filed a total of 32 new charges against 8 different individuals involved in alleged extortion, illegal smoke shacks, illegal occupations and road blockades in Caledonia, Cayuga, Hagersville and Caledonia.

These charges have yet to be certified before a judge before a summons or warrant for arrest can be issued.

More charges will be filed in coming weeks. See news release for complete details:

CANACE news release, July 15/08 (UPDATED Aug 12/08):
32 Charges filed including Extortion

Today’s charges are in addition to the 9 already certified against Floyd and Ruby Montour for Extortion, Intimidation and Mischief neither of whom have been convicted at trial and are, therefore, presumed innocent until proven guilty.

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OPP tell CANACE: Land Title deeds do NOT prove ownership

13 07 2008
UPDATED Jan 14/10: see new section, ‘Signs of Progress’

On May 12/08 a Cayuga builder authorized CANACE to gather evidence to support criminal charges against natives who had shut down their townhouse development. CANACE co-founder Jeff Parkinson was filming as Executive Director Gary McHale asked the OPP site commander Sergeant Michaud for an explanation as to why he and his officers were refusing to enforce the law – and received a shocking admission: 

Sgt. Michaud explains that Ontario's Land Title deeds are NOT sufficient proof of ownership for the OPP. May 12/08

Video 1: shows, A: the Sergeant explaining that land title deeds are not sufficient to prove land ownership to the OPP’s satisfaction and B: that the OPP is being directed by the Crown Attorney not to enforce the law. 

This conversation took place just 5 days after CANACE released its ‘Legalized MYTHS of Illegal Occupations‘ report in which we exposed the complete lack of legal justification for allowing native protesters to victimize property owners.  

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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)

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