July 11, 2008
Gary McHale won his private prosecution case against Six Nations members Ruby and Floyd Montour and has won a case for a judicial review of a bail condition hearing.
Based on evidence provided by witnesses and documented on DVDs, Justice of the Peace Dan MacDonald said he was satisfied with information about the Montours provided by McHale at a closed hearing on June 17.
In an order made on July 8, the justice has summoned the couple to his court. McHale said they are required to appear on Aug. 20.
In his documentation, McHale asked for five charges against Floyd Montour. They are extortion, three counts of mischief and one count of intimidation. For Ruby Montour, McHale asked for one charge of extortion, two counts of mischief and one charge for intimidation.
Floyd Montour's mischief charges are connected to occupation of a Hagersville construction site in May 2007 and blocking construction at a 44-unit townhouse project in May in Cayuga.
For both of them, the intimidation charges are related to threats of closing down the site and extortion activities are alleged in demanding developers to submit to requirements of the Haudenosaunee Development Institute.
None of the charges have been proven in a court of law.
On July 4, Ontario Superior Court Judge David Marshall ruled in favour of McHale's request for a judicial review of a bail condition hearing. On Dec. 24, Justice of the Peace Dan MacDonald proceeded without explaining McHale's options when OPP Insp. Dave McLean did not attend as a subpoenaed witness.
In a document filed with the court, McHale said MacDonald did not outline options such as proceeding without this witness, rescheduling to ensure McLean's attendance or issuance of a warrant to force the inspector to appear.
Marshall allowed McHale's request for a judicial review.
As a result, McHale will subpoena McLean to appear at a new bail review hearing later this summer.
After a Dec. 1 confrontation on Argyle Street South where a Six Nations tobacco shop is located, McHale was charged with counselling mischief. OPP set bail conditions that forbid him to enter a large section of Haldimand County including Caledonia. He is also forbidden to speak to Clyde Powless of Six Nations and Doug Fleming.