A Charge against Ontario Provincial Police Commissioner Julian Fantino for trying to illegally influence municipal officials in Caledonia was dropped on Wednesday Feb. 3. Justice of the Peace Dan MacDonald agreed with Crown Prosecutor Milan Rupic that there was no reasonable prospect of conviction in the case.
In a press release issued Wednesday morning shortly after the hearing, Commissioner Fantino called the decision a "logical outcome to a unsubstantiated allegation." He went on to say he had "the utmost respect for and confidence in the judicial system," and "is content that this vexatious allegation was dealt with in a just and appropriate manner."
Fantino had been facing one count of influencing, or trying to influence municipal officials in relation to an April 7, 2007 email sent to Haldimand County's mayor and councilors over the long-standing native land dispute in Caledonia.
The offence under the Criminal Code is an indictable one, with a maximum five-year sentence. Fantino did not appear in court, and although his lawyer was present, he did not address the court.
Although activist Gary McHale initiated the charge as a private citizen, the Crown took carriage of the charge. The allegation underlying the charge was that Fantino made a threat in the email.
"As is plainly indicated in the wording of the letter it was a principal concern of the Commissioner to avoid violence in connection with the ongoing land disputes in the area of Caledonia," Rupic told the court. "In the letter the Commissioner went on to say that, in the event that police officers were injured in the course of protests that might be further instigated by Mr. McHale, or his followers, the Commissioner would send a bill for the costs of policing to Haldimand County."
Rupic went on to say that Fantino's remark did not and cannot constitute an offence under the criminal code.
After the hearing McHale told reporters he "vows to continue the fight."
McHale said he filed a judicial review Wednesday morning against the Attorney General, saying they did not have a mandated authority to intervene in the case.
"According to the law, the Crown does have the discretionary authority to intervene on private prosecutions and stay a charge. But, the discretionary authority can't be mandated. The Crown Attorneys Act tells them that they are to allow private citizen's to prosecute cases, if they want."
McHale's interpretation of the Act differs from Crown Prosecutor Rupic's. Rupic told the court, "With respect to indictable offences, the Crown is required, pursuant to the Crown Attorneys Act, to take carriage of all indictable proceedings, and it may then either continue or terminate them."