Fantino wanted McHale brought to court

By Bill Jackson – The Regional

October 22, 2008

OPP Commissioner Julian Fantino wanted his subordinates to explore every avenue of bringing local activist Gary McHale to court "to prevent him from continuing his agenda of inciting people to violence in Caledonia" according to an email he sent to a senior officer on Dec. 1, 2007.

"today we had another flare-up in Caledonia spear-headed by McHale," he wrote. "As the event unfolded things turned ugly and some violence erupted. McHale a few others continue to converge on Caledonia to basically create mischief….

"Please assign a CIB inspector to oversee the investigation of today's events and ensure that whatever criminal charges or whatever else fits that they be laid forthwith. Furthermore, I want every avenue explored by which we now can bring McHale into court seeking a Court Order to prevent him from continuing his agenda of inciting people to violence in Caledonia. We should be able to prove to the Court that McHale's forays into Caledonia have been planned and executed for purposes of breaching the peace which today also resulted in violence…

"One final point," he added, "I don't want us to get sidetracked by Crown lawyers on this. We need to be guided by the long established RPG criteria and not be constantly frustrated by timid Crowns who seem to only get charged up when they have a sure prospect of conviction."

The email was presented at a disclosure hearing last week in Hamilton.

A Crown prosecutor is pursuing a counseling mischief charge against McHale for his role in a Dec. 1,2 007 protest outside a controversial smoke shack on Argyle Street that turned violent. The next court date is Nov. 20.

McHale has filed an application for abuse of process to get the case against him thrown out. He told a judge last week that it was clear Fantino wanted to do everything possible to lay charges against him and believes that he was targeted through selective processing.

In addition to the counselling mischief charge, the Binbrook resident had various restrictions placed on him which prevent him from coming to Caledonia.

According to Fantino's email, Caledonia is a relatively peaceful place but for McHale and his few supporters.

In his Dec. 1 email Fantino said that police "can't allow this vicious cycle to continue to the point where time and again we have to expend an inordinate number of police resources to keep people from killing themselves."

He said that resources were called in "to quell the aftermath of his (McHale's) nonsense once the occupiers began to retaliate by blocking off a public highway," and added that "policing costs are in the area of $500,000 solely attributed to McHale's forays into Caledonia."

McHale maintains that his role in the protest was a peaceful one and that police overlooked many violent actions of Six Nations protesters.

According to a police officer's notes that were obtained from the Crown, a native man tried to force an officer to get out of the way by hitting him with a van. After a second attempt the officer threatened to draw his weapon and the van's passenger ran over to the smoke shack and brought back 10-13 natives who pushed the officers out of the way. No charges were laid.

It was McHale who was punched and bloodied during the Dec. 1 protest.

A judge has now ordered the OPP to turn over all Communication to/ from Commissioner Fantino regarding the Dec. 1, 2007 smoke shack protest. Any communication  including email, text messages and phone conversations on these topics from Dec. 1 to Dec. 7, 2007 must be turned over by Oct. 27 according to McHale, who maintains that his role in the protest was a peaceful one and that police overlooked many violent actions of Six Nations protesters before charging him with "counselling mischief not committed."