Caledonia Lawsuits & Court Actions> Targeting of Non-Native Activists R. v. Gary McHale (Assault)
A charge of Assault was laid against Gary McHale arising out of a ‘Truth & Reconciliation’ rally held Feb 27/11. It was dropped by the Crown on June 07/11 because there “was no reasonable prospect for conviction.”
- VoiceofCanada, June 07/11: BULLETIN: Crown drops Assault charge vs. Gary McHale
The charge was laid by the OPP in connection with a Feb 27/11 Truth & Reconciliation Rally in Caledonia organized by McHale and Caledonia Victims Project founder Mark Vandermaas where non-native participants were swarmed, harassed and assaulted by native occupiers and busloads of unionists, anarchists and anti-Israel types led by CUPE 3903 leader Tom Keefer.
- Moose & Squirrel, Feb 28/11: Caledonia: The front line struggle against the anti-capitalist, anarchist, Marxist agenda
- VoiceofCanada, March 02/11: Truth & Reconciliation Rally, Caledonia – Feb 27/11 (UPDATE)
- Globe & Mail, Christie Blatchford, Feb 28/11: For sheer abuse of state power nothing touches Caledonia [PDF]
- Moose & Squirrel, Feb 27/11: Truth & Reconciliation Rally –Speech notes by Mark Vandermaas (‘Caledonia’s Obnoxious Peace’ + intro for Mary Lou Ambrogio)
- Moose & Squirrel, Feb 27/11: BREAKING: Ontario Liberal government’s private security force (OPP) to enforce race-based policing at today’s Truth & Reconciliation Rally in Caledonia! (reprint of update from Mark Vandermaas, w/photos of Apology monument)
- JOINT NEWS RELEASE, Jan 28/11: ‘Truth & Reconciliation’ Rally in Caledonia Feb 27th [PDF] [HTML w/add refs]
- Caledonia Victims Project feature: Queen’s Park ‘Truth & Reconciliation’ news conference
Keefer and the groups he works with have been supporting native lawlessness in the Haldimand Tract since 2006:
- Caledonia Victims Project brochure, March 28/10: Caledonia’s Fifth Column: How radical unionists, anarchists, anti-Israel groups and terror group sympathizers are aiding and abetting native militants in their quest for ‘aboriginal sovereignty’ in Caledonia and Brantford [PDF, 6p]
- VoiceofCanada feature: Caledonia Players: Tom Keefer & CUPE 3903
- VoiceofCanada, Dec 21/09: Anarchist groups & unions assist native militants to undermine rule of law
- Caledonia Victims Project April 12/10: CUPE now supporting illegal smokeshacks in Caledonia
- ‘Caledonia: No More Nightmares’ event, Ottawa, March 22/11: Mark Vandermaas presentation, Part 2 – Caledonia Myths & Policy Issues: ‘Vexatious Land Claims‘ and ’Caledonia: a National Security Issue’ [VIDEO #2, 14:50] [PDF, 36p w/citations] (includes info re support for native militants by radical unionists, anarchists, anti-capitalists, anti-Israel groups and terror group supporters – incl. Tom Keefer)
Despite being warned well in advance that busloads of radicals were being bused-in for the specific purpose of helping native occupiers of the Douglas Creek Estates to disrupt our planned rally at the Caledonia Lions Park the OPP refused – again – to provide officers to protect us from them. When we then relocated to private property to try to avoid the planned confrontation the radicals swarmed the property, refused to leave and the OPP refused to remove them.
When McHale, acting under authority of the owner, instructed Tom Keefer to leave he refused so, acting in accordance with s.41 of the Criminal Code of Canada which gives property owners or agents the right to use reasonable force to remove trespassers, McHale pushed Keefer towards the road.
DEFENCE OF HOUSE OR REAL PROPERTY
41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.
(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation. [R.S. c.C-34, s.41.]
- Department of Justice, Criminal Code of Canada: Defence of House or Real Property, S.41(1)(2)
Instead of arresting Keefer for Trespass, Mischief (for interfering with the quiet enjoyment of the property) and Assault (for resisting the attempt to remove him) the OPP arrested McHale and charged him with assaulting Keefer.
The OPP not only refused to arrest Keefer as he was trespassing, they have also refused to arrest the native man who assaulted Mark Vandermaas while he was carrying the ‘Apology’ monument on Feb 27th, and they have refused to arrest the same man who assaulted CANACE cameraman Jeff Parkinson at our subsequent March 27/11 Truth & Reconciliation Rally where we were swarmed, the monument stolen, smashed and then burnt along with our Canadian flag – as OPP officers stood and watched:
- VoiceofCanada, March 28/11: OPP watch as natives destroy Reconciliation/Apology monument, then burn Canadian flag
Blatchford re “ridiculous” OPP testimony
McHale’s previous court date prior to the dropping of the Assault charge on June 07/11 was a May 04/11 bail hearing he petitioned where the Crown dropped the bail restrictions that had kept him out of Caledonia. Reporter/author Christie Blatchford was present in the court and, after reviewing transcripts of the arresting officer’s testimony from the first bail review session on April 19/11, wrote a scathing article comparing the law in Haldimand County to America’s Deep South:
“…the law in Haldimand County operates as the law in America’s Deep South once worked, where there was one law for the white man, who could break it with impunity, and another for the black man. In Haldimand County, since the occupation began, there has been one law for natives and another for non-natives.“
- Globe & Mail, Christie Blatchford, May 04/11: Caledonia activist free to drop by Canadian Tire [PDF]
An excerpt from the transcript of what Blatchford called Det.-Const. Barnes’ “ridiculous” testimony can be found in this article:
- VoiceofCanada, May 06/11: Blatchford on McHale bail hearing: ‘law in Haldimand County operates as the law in America’s Deep South once worked’
Third unsuccessful attempt by OPP to keep McHale out of Caledonia
This was the third unsuccessful attempt by the Ontario Provincial Police to bring criminal charges against McHale for the purpose of applying bail restrictions designed to keep him out of Caledonia. The first two were detailed in Christie Blatchford’s book, Helpless: Caledonia’s Nightmare of Fear and Anarchy, And How The Law Failed All of Us.
- HelplessByBlatchford project: HelplessByBlatchford.ca
Attempt #1: The first attempt was on Dec 16/06 when the OPP arrested McHale and me for wanting to place Canadian flags on hydro poles. They released me, but held him overnight even though they knew they weren’t going to charge him. According to their own investigation the OPP didn’t even know if what they did was legal. We each have outstanding lawsuits for our respective arrests.
- VoiceofCanada, Dec 18/06: Canadian flag ripped from my hands by OPP – VoC goes to jail!
- VoiceofCanada feature: THE END OF THE BEGINNING!
Attempt #2: The second attempt was the now-infamous ‘Counselling Mischief Not Committed’ charge against McHale laid Dec 07/07 which was stayed by the Crown on April 21/10 after a court certified charges of Obstructing Justice against two senior OPP officers, one of whom is now the Commissioner – Chris Lewis:
- Caledonia Victims Project: R. v. Gary McHale ( Counselling Mischief Not Committed)
- VoiceofCanada, March 16/10: Senior OPP officers charged w/Obstructing Justice in McHale case
During this case, which arose out of a protest on Dec 01/07 which sent McHale and Jeff Parkinson to hospital after multiple attacks on police and non-natives by Six Nations smokeshack supporters (without arrest), emails by the former Commissioner Julian Fantino exposed OPP plans to target McHale for the purpose of getting bail restrictions on him to keep him out of Caledonia.
- Ontario Court of Justice, Cayuga, April 19/11: Transcript of McHale bail variation hearing [PDF, 125P]
POSTED BY: Mark Vandermaas, email@example.com