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Two-tier justice in Caledonia?

Mayor calls for new OPP commissioner to make changes

July 08, 2010

Daniel Nolan
The Hamilton Spectator
(Jul 8, 2010)

Haldimand County Mayor Marie Trainer is calling on new OPP Commissioner Chris Lewis to end what she terms was the practice of two-tier justice in Caledonia under outgoing Commissioner Julian Fantino.

The OPP have always denied they treated natives and non-natives differently during the lengthy land claims dispute, but Trainer believes otherwise.

"I would like to see him have the same law for everyone who lives in Canada," Trainer said yesterday. "I want him to enforce the laws equally for all."

The issue led to activist Gary McHale founding a movement --Canadian Advocates for Charter Equality -- and, in some cases, saw him charging OPP officers for alleging overstepping their authority in the affair. This included Lewis, who was accused of obstruction of justice by McHale in regards to a 2007 rally. The charge was dropped in May.

Trainer said she was "a little disappointed" in Fantino's handling of the dispute, which has quieted down in recent times. She noted he had a reputation of being "no nonsense," but believed he may have been under some direction "we may never know about" involving policing in Caledonia.

Natives occupied the Douglas Creek Estates housing project in early 2006, claiming it was being built on unsurrendered land, and the ensuing dispute involved a botched OPP raid, road blockades, fisticuffs, arsons, assaults, a hydro blackout and numerous boisterous rallies.

Councillor Lorne Boyko, chairperson of the Haldimand County Police Services Board, said he was "delighted" when he heard Deputy Commissioner Lewis had become Fantino's replacement.

He said he has always been approachable and believed it was "a plus" in the county's favour Lewis got the job because he is familiar with the Caledonia dispute.

Asked if he believed there was two-tier justice, Boyko cited the Ipperwash Inquiry report and said: "Are (natives) dealt with differently? Sure they are dealt with differently. Does the Constitution deal with them differently? Whether we like it or not, it does. ... Anybody who takes the time. It's there."

He said he "personally liked" Fantino and said, while the county had a couple of bumps with him, "You knew where he stood in a very short time. And he stood behind his decisions."

McHale, who is considering running for mayor, does not expect Lewis to do anything differently than Fantino in policing Caledonia.

He vowed to keep up his watchdog activities and said if Lewis "violates the Criminal Code, then I will take the evidence before a justice of the peace and let the justice of the peace decide if he should be charged."