Ontario court of appeal rules against province in fight with Caledonia critic

The Ontario Court of Appeal has ruled against the province in its latest legal skirmish with Gary McHale, an outspoken critic of the government's handling of the native land dispute in Caledonia. The court found the Crown acted improperly when it withdrew a private prosecution initiated by Mr. McHale against three public officials (whose names are subject to a publication ban), even before a Justice of the Peace could hear any evidence. The withdrawal "prior to the conclusion of the preenquete [hearing], indeed before it began, was premature," wrote Justice David Watt on behalf of the unanimous three-judge panel. The Court of Appeal sent the matter back to a Justice of the Peace to hear the evidence put forward by Mr. McHale, who has initiated several private prosecutions against public officials over Caledonia. Mr. McHale indicated yesterday that he intends to ask the Supreme Court of Canada to hear an appeal of the decision on the broader issues. "When does the Crown have the authority to intervene in a private prosecution? I don't think the court answered the question," he said.