Insp. McLean is rebuked

Regonal News
July
9, 2008

On July 4, 2008 I brought a Judicial Review motion in Superior Court in Cayuga. The strength of the case was self-evident by the fact that the Crown did not oppose the motion and I took about 5 minutes to present the facts. Judge Marshall granted the motion and firmly rebuked Inspector McLean for his actions.

When Inspector McLean refused to honour a subpoena served him to appear in court on Dec. 24, 2007 he no doubt believed that his rank as Inspector allowed him to deny me my right to question him under oath. But it wasn't me that he was disrespecting but the very system that he swore to uphold and the very system that makes Canada great. After 18 months of attacks by Commissioner Fantino and the OPP against me it may appear to Insp. McLean that he didn't have to submit himself to a subpoena issued by Gary McHale.

However, the thing that makes a democracy great and superior to other forms of government around the world is that whether you are the Prime Minister of Canada or the lowest person on the street, the Law is the Law.

The attitude of Insp. McLean toward the subpoena demonstrates the inherent corruption within the OPP. Officers who are sworn to uphold the Charter of Rights and the Equality of all people refuse to honour that Oath. Officers who swear to 'prevent offenses' stand by while one Race of people violently attacks another.

How can the public ever expect moral integrity among the rank and file when the senior officers so often and so publicly show contempt for the very 'Rule of Law' that Canada is founded upon?

We have seen Court Orders and Court Injunctions disregarded by senior OPP officers as if they, and they alone, are the holders of Justice and the Law. We have seen a complete disrespect for Supreme Court Rulings and the false imprisonment of residents and so-called 'outsiders'. Whether it is Dave Brown jailed for attempting to enter his own home or Bo Chausse for being the first arrested for trying to put up a Canadian Flag, the OPP has demonstrated that they believe they are above the Law and accountable to no one.

The outright arrogance that Insp. McLean demonstrated to the court by refusing to appear in court is more striking when you realize that Mayor Trainer, MPP Toby Barrett and Hamilton Police Officer Dave Hartless each submitted themselves to the authority of the court on the same day because they too were subpoenaed.

"I am offended by the actions of Inspector McLean", Judge Marshall told the Crown.

OPP Two Tier Justice is a fact and the continued attitude by senior OPP officers toward Canada's system of Justice only demonstrates how important the battle is. Every person living in Ontario is now subject to the whims of the OPP as to whether they too are equal under the law.

It should not be forgotten that in Caledonia one day they had a healthy democracy and the next day they were at the complete mercy of OPP Race Based Policies. Anyone who spoke out against it was quickly intimidated, jailed, sued or slandered by the very Police Department sworn to uphold the Charter of Rights.

As a Canadian I am proud we have men and women who volunteer to travel around the world to fight to bring about Freedom and Democracy to others and who can understand why they lay down their lives for people they do not know.

It is amazing how the OPP so twist the idea that standing up for Freedom and Democracy in Canada is somehow evil and many in the public fall for it.

I came to speak in Caledonia only after individual OPP officers decided a pay cheque was more important than the Democratic Freedoms we love as Canadians.

All of Ontario won a victory on July 4 when Judge Marshall reminded Insp. McLean that he too is subject to the legal system of Canada.

This is the first of many victories to come.

Gary McHale

Executive Director of CANACE.ca

Canadian Advocates for Charter Equality