Caledonia hasn't seen the last of Gary McHale. And vice versa.
The political activist, who has led a number of rallies to protest what he calls two-tier justice in the policing of the Douglas Creek Estates native land claims dispute, vows to hold a "victory march" in Caledonia after winning a court victory of sorts yesterday.
Provincial Court Judge Bernd Zabel cleared the way for the 48-year-old Binbrook resident to continue his Caledonia activities when he agreed to a request from Crown counsel Brent Bentham to stay an obscure charge related to one such public rally.
Bentham requested the stay of the charge of counselling to commit mischief not committed, citing the extensive court time a successful prosecution would require. A stay means the Ontario Attorney General has a 12-month window to revive the charge and prosecution.
"We're going to have a victory rally in Caledonia and march ... in the next couple of weeks to prove there is no way I'm giving up simply because the crown and the OPP think they can bully me," an unrepentant McHale said outside of the Hamilton courtroom.
"If they want to come up with a new trumped up charge in two weeks, that is their choice but I'm going to do more rallies."
The Crown counsel noted a preliminary inquiry on the matter began in November 2008 and is not expected to be completed until later this year.
The preliminary inquiry was suspended after McHale, who represented himself, challenged an earlier court ruling that a videotape of the protest would be admissible evidence. The Crown noted a trial in the Superior Court of Justice "would undoubtedly require perhaps even more court time than has been required for the preliminary inquiry."
But Bentham made a point that the OPP "had reasonable and probable grounds" to charge McHale on Dec. 7, 2007, and that "there continues to be a reasonable prospect for conviction on this charge given the evidence presented to date during these proceedings."
McHale was charged in connection with his role at a public rally that turned ugly with native and non-native protesters facing off over the issue of an illegal native smoke shop on Argyle Street South at Highway 6.
"This was politically motivated since Day One. The charge was ridiculous from Day One," McHale told Zabel.
The political activist fought back. He subsequently brought a criminal charge against OPP Commissioner Julian Fantino and two senior OPP officers. Those charges have subsequently been withdrawn by the Crown.
Outside court, McHale said, "They knew they were going to lose it. They weren't going to make it through the preliminary hearing, so instead of actually clearing the air and saying the charge should never have been filed, they want to leave it hanging that 'Gary is really guilty but he outsmarted us so we have to withdraw the charge.'"
McHale said he will celebrate what he termed as "a major victory."
"It will be a victory march. We better not say the word 'parade' or they will charge me for not having a parade permit."