Man fights court order barring him from Caledonia

December 27, 2007
Canadian Press

Posted Toronto Star

CAYUGA – A Richmond Hill man who allegedly stirred up a confrontation with Six Nations Indians is not a danger to the community, local leaders say.

Halidimand Mayor Marie Trainer and Halidimand-Norfolk-Brant MPP Toby Barrett both came to the defence of Gary McHale, who is fighting bail conditions that bar him from Caledonia and ban him from communicating with certain individuals.

The comments came during court proceedings on Christmas Eve.

McHale was arrested earlier this month in connection with a Dec. 1 protest over a Six Nations-operated smoke shop – an event that turned violent.

"I believe my bail conditions have been set purely because of who I am," McHale told the court.

McHale was charged with conspiracy to commit mischief.

While he has organized several rallies in Caledonia, he did not organize the protest on Dec. 1, the court heard.

Both McHale and Barrett also said that McHale is not a violent person.

On Dec. 1, provincial police had to summon reinforcements to quell a disturbance at a disputed "smoke shack."

The clash, which erupted after protesters alleged natives were selling cigarettes illegally, turned violent and two men were injured.

The protest was over a smoke shack that some contend is on land not owned by Six Nations.

Six Nations officials say the land is theirs because it falls into a claim for the roadbed of Plank Road.

The claim is one of several currently being discussed in negotiations between the provincial and federal governments and Six Nations.

The land is not currently part of the reserve and as such is under the jurisdiction of Haldimand County and the provincial police.

The smoke shop is about a kilometre away from the former Douglas Creek Estates, which Six Nations protesters have occupied since February 2006.

At one point during the more than hour-long incident, police formed a line to separate about 100 protesters from the natives who had gathered.

Ron Gibson, 42, of Oshweken, is charged with mischief and Steve Powless, 42, also of Oshweken, is charged with assault. Camille Powless, 41, of Six Nations, is charged with public mischief.

Ruth-Anne Chapman, 53, of Caledonia, is charged with assault.

McHale was arrested later.