UPDATED Aug 31/10 — Gary McHale has filed papers with the Supreme Court of Canada seeking leave to appeal his May 17/10 victory at the Court of Appeal for Ontario over the Crown which had appealed his McHale v. R., 2009 win in Superior Court before Justice Marshall (now deceased).
It may seem odd to appeal one’s own victory, but the Court of Appeal ruling was rather a strange one indeed; while it ruled the Crown did not have the right to dismiss the charges McHale sought to lay against government officials before the evidence was heard by the justice of the peace, it ruled that the Criminal Code said nothing about the Crown not having the right to stay charges before evidence was heard.
The Crown has been taking full advantage of the decision by dismissing McHale’s recent prosecutions willy nilly without even reviewing the evidence.
To allow the Court of Appeal decision to stand would mean that a 1983 Supreme Court decision which overturned the Ontario Court of Appeal on the very same issue and the will of Parliament, which emphasized the importance of private prosecutions, would be undermined in that government officials would be completely free of criminal accountability by citizens trying to prosecute alleged crimes the government would rather have unprosecuted and hidden from the public.
If the Supreme Court is willing to hear the case it will mean that Gary McHale – with no formal legal training or legal representation – will have the chance to change legal history before the highest court in the land not only for Caledonia victims, but for all Canadian victims of governments and police forces who believe they are above the law.
McHale v. R. – the documents
Rather than recount the nuances of McHale’s arguments in depth here, I suggest readers review his well-argued submissions to the Court for themselves:
SUPREME COURT OF CANADA
- Supreme Court of Canada, Gary McHale, Aug 12/10: Notice of Application for Leave to Appeal and Stay [PDF, 4p]
- Supreme Court of Canada, Gary McHale, Aug 12/10: Applicant’s Memorandum of Argument [PDF, 29p]
COURT OF APPEAL FOR ONTARIO
SUPERIOR COURT OF ONTARIO
- July 02/09: Decision – McHale v. R., 2009 [PDF, 14p]
- June 29/09: Final Factum
- June 29/09: Book of Records
- June 11/09: Book of Authorities
- June 11/09: Additional Factum
- Dec 02/08: Notice of Application for Order of Mandamus
Gary McHale has now won 3 times in Ontario Court, 4 times in Superior Court and once at the Court of Appeal. His efforts to hold native protesters and OPP brass accountable has resulted in more than 14 court-ordered charges, including: 9 charges of Extortion, Intimidation & Mischief against two native protesters; charges of Mischief against two OPP officers (brought by Jeff Parkinson – Parkinson v. R.) for aiding native protesters; a charge of Influencing Municipal Official against former OPP Commissioner Julian Fantino; and charges of Obstructing Justice against the now-Commissioner Chris Lewis and Superintendent Ron Gentle. All of these charges were dismissed by the Crown after issuance by the Court.
McHale also successfully defended himself against a charge of Counselling Mischief Not Committed.
- Caledonia Victims Project: R. v. Gary McHale (Counselling Mischief Not Committed)
- Supreme Court of Canada: www.scc-csc.gc.ca
- Caledonia Victims Project, May 17/10: Ontario Court of Appeal unanimous in upholding McHale v. R., 2009
- VoiceofCanada, July 02/10: McHale v. R., 2009: Gary McHale & CANACE make legal history!
- Canadian Advocates for Charter Equality: www.canace.ca
- Gary McHale: www.caledoniawakeupcall.com
- JeffParkinson: www.jeffparkinson.ca
Mark Vandermaas, Founder
Caledonia Victims Project