Activist Gary McHale says he will appeal a decision by the Crown to withdraw criminal charges he brought against two senior Ontario Provincial Police officers in relation to the long-simmering Caledonia land claims dispute.
Acting Chief Counsel Philip Perlmutter, from the Criminal Crown Law Office in Toronto, appeared in court yesterday to withdraw obstruction of justice charges against Deputy Commissioner Chris Lewis and Superintendent Ron Gentle.
McHale, who has led a number of rallies to protest what he calls two-tier justice in the policing of the land claims dispute, brought the criminal allegations against the officers last month. A summons was issued for the officers to appear in court April 28, but the Crown moved it up.
Perlmutter told justice of the peace Dan MacDonald he was withdrawing the charges because there was no reasonable prospect of conviction.
McHale said he is "definitely appealing" the move because he said it showed bias. He will file for a judicial review.
"You're supposed to stand up and look at the evidence," said McHale. "What does it say about the JPs who ruled in my favour?"
McHale alleged the officers arrested him in connection with a Dec. 1, 2007, protest, despite acknowledging in e-mails there was no evidence a crime had been committed. McHale took part in a protest against a native smoke shop operating just outside Caledonia. He was investigated for assault, but was charged with counselling to commit mischief for allegedly telling a smoke shop opponent to block the street with his truck.
Perlmutter told court the situation was "an abuse of process" and that there "are compelling reasons to conclude this prosecution is motivated by improper purposes and an impermissible use of the criminal process."
McHale had previously charged OPP Commissioner Julian Fantino, but the charges were also dropped by the Crown.