Caledonia activist McHale gets new trial

The Hamilton Spectator

November 24, 2008

Caledonia activist Gary McHale will receive a new trial after a procedural error derailed the first proceeding.

McHale told a Hamilton court Monday morning that he wanted to turn his existing hearing into a preliminary hearing. The proceeding, which started last Thursday, had been moving forward as a trial until the procedural error was brought to the court’s attention on Friday.

McHale has been charge with counselling to commit an illegal act, in this case, mischief.

The charge stems from a Dec. 1, 2007 rally involving Caledonia and Six Nations residents which turned violent.

The Crown had been proceeding summarily on the charge, which would have meant a less serious punishment if McHale was convicted. However, it was later determined that the charge was indictable, which meant McHale had the option of choosing to have a preliminary hearing and a trial by judge and jury, or a trial by judge alone.

McHale was given the weekend to make a decision and the proceeding resumed Monday morning.