CAYUGA, ONT. — From Thursday's Globe and Mail Published on Thursday, Feb. 04, 2010 12:00AM EST Last updated on Friday, Feb. 05, 2010 3:18AM EST
Gary McHale sought to have the Ontario Provincial Police commissioner prosecuted for allegedly trying to influence municipal officials in the dispute over the Caledonia native occupation. It's a Criminal Code offence that carries a maximum five-year prison term.
"There's clearly a conflict of interest within the McGuinty government and this has to be exposed," Mr. McHale said after the brief hearing inside Cayuga's ornate, 19th-century courthouse, a half-hour's drive southwest of Hamilton.
"The government directly interfered with this case."
Special prosecutor Milan Rupic told Justice of the Peace Daniel MacDonald that because the criminal charge is an indictable, or more serious, one, the province was permitted to take it over from Mr. McHale - and had decided to abandon it.
Mr. Fantino was not inside the packed courtroom. From OPP headquarters in Orillia, he issued a statement saying he was "content that this vexatious allegation was dealt with in a just and appropriate manner."
At the root of the unusual hearing was the sometimes volatile four-year native occupation of the former Douglas Creek Estates in nearby Caledonia.
Mr. McHale, 47, has repeatedly accused the OPP of being too lenient with the Six Nations occupiers, and has helped organize rallies citing a "two-tiered" standard of policing - one for the natives and one for the mostly white Caledonia residents.
He laid his charge in response to an e-mail Mr. Fantino dispatched in April, 2007, to Mayor Marie Trainer and members of Haldimand council urging them to shun the rallies, and warning that if any police officers were injured in clashes he would send the bill to Haldimand County.
The latter statement, and the interpretation that it constituted a threat, was the only possible basis for a criminal charge, Mr. Rupic told the court.
But he concluded that the evidence to support it is not there.
"I appreciate that ... some members of the municipal council were angered or upset or felt threatened, so to speak, at receiving the e-mail," he said.
But their reaction "does not affect the underlying fact that in Canada it is not criminal if you tell someone you might send them a bill for services."
The setback was the latest twist in a string of legal hurdles navigated by Mr. McHale, the founder of a group called Canadian Advocates for Charter Equality.
When Mr. McHale launched his private complaint against Mr. Fantino last year, the justice of the peace who first heard it declined to issue a summons or warrant against Mr. Fantino.
But in a ruling released Dec. 31, Mr. Justice David Crane of the Ontario Superior Court upended that decision and ordered the charge to go ahead.
After yesterday's hearing, Mr. McHale contended that as a justice of the peace, Mr. MacDonald had no authority to reverse the ruling of a Superior Court judge.
"I don't see this as a loss, I see it as the justice of the peace overstepped his jurisdiction," he said.
"It means I have to file another judicial review. There's no doubt in my mind the Superior Court will overturn what the [justice of the peace] did today."
Commentary by the Ottawa Mens Centre
Fact is, the Ontario Government , the Attorney General
of Ontario, has no apparent record of EVER allowing a private prosecution to
Their "view" is that "only a police force" can lay a charge, anyone else, does NOT have that right.
Well, that's not what the criminal code of Canada says but its what the Ontario Government does "INDIRECTLY" it prohibits indirectly any private prosecution.
Now, most private prosecutions are in a conflict with the government and the police.
Take for example Ontario's Most Corrupt, the Judiciary of Ontario, who make decisions for their friends, its obstruction of justice , mischief at the very least, not to mention a breech of trust by a public officer but these very vile low lifes of Ontario get to carry out their endless stream of criminal offenses, disguised as "legal decisions".
They do it with impunity and immunity, that includes sending off to jail anyone they think is a political threat to themselves.
Ontario has "an underbelly of the judiciary" who routinely "obstruct justice" that do it by legal decisions for their friends or against the political critics.
To this writers knowledge, there has never been ONE single private prosecution that successfully passed the first test, that is, having "process issued" that is, a simple hearing before a JP who says that it passes the threshold of evidence that a criminal offense was committed.
The fact is, every single case where process is issued, the Ontario Crown take over and "withdraw the charges".
The odds of every single charge being justified in "withdrawal" is of course entirely remote.
We need a major change in the that section of the criminal code to enable a JURY , a "grand jury' to carry and and issue an indictment that the crown MUST proceed with.
Ontario has a CORRUPT government that destroys the rule of law, we have a CORRUPT judiciary that is an insult to justice.
Its time for real change to the Criminal Code of Canada.