By Bill Jackson – The Regional
Caledonia resident Doug Fleming was granted an absolute discharge by a Justice of the Peace last week for his role in a protest against an illegal native smoke shack on Argyle Street last December.
Fleming was charged with mischief for using his vehicle to block a portion of
Fleming pleaded guilty to the charge. The matter had been pre-tried in advance and Justice David Harris had indicated a willingness to accept such a disposition, according to Fleming's lawyer.
"An absolute discharge is a finding of guilt but does not represent a criminal conviction," the lawyer contends.
Fleming's bail conditions also prevented him from speaking with well-known activist Gary McHale who was charged with counseling mischief at the same rally.
Fleming believes he was charged with mischief so police could charge McHale with counselling it.
Aboriginals had blocked the road first but no charges have been laid against them for doing the exact same thing, he said.
McHale said the charges stem from "a police force that allows (aboriginal) people to block (a highway) for four or five days without a single charge and then (says) 'How dare a non-native person think they have a right to protest.' That's the fundamental problem with what's going on."
Coincidentally, Fleming's makeshift smoke shop trailer that's situated on a vacant piece of land on the west side of Argyle Street South was set ablaze August 5, three days before his day in court last Wednesday, August 8.
Police didn’t do much of an investigation, Fleming stated. They didn't bring in dogs like they did when a fire was started at a native smoke shack earlier in the year, he said.
He presumes that's probably because police would have to stop their search at the fence line next to the
Anyone with information on the trailer fire is asked to call Crime Stoppers at 1-800-222-TIPS.
Fleming said that his trailer was not completely ruined and that he may erect an 'opening soon' sign.
"I guess with the price of gas they didn't have a substantial enough fire," he said.
"But there are no more bees which is a bonus."
Meanwhile McHale is attempting to bring charges against several individuals from Six Nations who he contends assaulted police officers during last year's volatile smoke shack protest.
However the Crown Attorney is attempting to block his attempt at private prosecution, he says.
The Crown lawyer has argued that McHale cannot lay charges because police are capable of laying the charges themselves, an assertion McHale will be appealing in front of a Superior Court Judge.
The Crown Attorney has the right to thwart attempts at private prosecution that it deems frivolous, however McHale said the objection is designed to limit the scope of his private prosecutions and is confident that clear cut case law will help overturn the Crown's stance.
A judge cannot consider defense motions when someone brings private prosecution, McHale contends.
"The Crown is trying to very much limit my ability to file criminal charges," he said.
"We're talking about there potentially being 1000 charges being laid over the next six months…An I'm going back to Stirling (Street) and filing charges. There's no reason why I can't file charges from May and June of 2006 and the events that took place."
Six Nations protesters Floyd and Ruby Montour have been ordered to appear in court on August 20 where certified charges against them that were brought by McHale including mischief, intimidation and extortion will be spoken to.
McHale said he'll be in court this week attempting to have 33 charges laid against some of the "ring leaders" involved with the Haudenosaunee Development Institute that has charged illegal fees to building developers throughout the
Haldimand OPP Inspector Dave McLean has been subpoenaed to court later this summer for McHale's bail review hearing that stems from the charges laid by police last December. McHale appealed for the review which was granted by Justice David Marshall earlier this year.
Marshall said he was "offended by the actions of Inspector McLean" who did not appear at the initial bail variation hearing according to McHale's website which details the actions of his organization called CANACE – Canadian Advocates for Charter Equality – that has recently been incorporated.
"I think the tide is really changing," McHale said.
Members of the community including police and politicians have stepped forward with generous donations to help support CANACE.
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