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OPP critic among eight facing trespassing charges after Caledonia demonstration

December 3, 2011

Hamilton Spectator

Activist and OPP critic Gary McHale is among eight people facing trespassing charges after a demonstration in Caledonia on Saturday afternoon.

Ontario Provincial Police said the protest involved a demonstration at the entrance of Douglas Creek Estates.

Douglas Creek Estates is a large housing development that was under construction when native protesters seized it in an ongoing land dispute in 2007. The property remains occupied by natives.

“Despite being previously warned by police, several demonstrators entered onto the property and were arrested for trespassing,” the OPP stated in a release.

McHale said the demonstration involved about 40 people on Surrey Street, a county road on Douglas Creek Estates. McHale said he has the land deeds to prove the county roads are owned by Haldimand County.

“The OPP knows it’s bogus,” he said. “Of course what’s going to happen is each one of these arrests will be thrown out … This is my fourth time being arrested in Caledonia and the last three times never made it to trial. And this one will never make it to trial.”

McHale said they are scheduled to appear in provincial court in Cayuga on Jan. 6.

The demonstration comes one day after 22-year-old Richard Smoke of Six Nations apologized in court during a sentencing hearing to Caledonia builder Sam Gualtieri and his family for the injuries caused in an attack at the Douglas Creek Estates property.

Gualtieri, 56, is dealing with ongoing brain injury and emotional trauma after he was beaten unconscious with a board.

McHale has remained active in his political fight against the Ontario Provincial Police and the way it policed the Caledonia standoff in 2007.

McHale, 49, of Binbrook, was charged along with Doug Fleming, 49, and Randy Fleming, 50, of Hamilton.

The Ontario government paid the developer almost $16 million for the land, which was put in trust. The province reached a $20 million out of court settlement in July with those in Caledonia who suffered financial loss as a result of the dispute.