Please visit www.canace.ca to access the CANACE corporate site.

New corporation, new CANACE website

Until July 2008, Canadian Advocates for Charter Equality existed as an informal group of activists working together for a common goal. This, the original site, is hosted on the WordPress.com system and was operated by current CANACE Vice-President Mark Vandermaas without oversight of the group. CANACE.ca was redirected to the actual URL of this site which is ‘ucare.wordpress.com.

CANACE is now a Canadian Corporation

With the help of donors from inside and outside Caledonia, we have now registered a federal corporation to create an accountable, legal entity as we continue to move forward with the struggle to preserve the rule of law in Ontario and promote reconciliation between native and non-native peoples based on truth, justice and respect for the rights of all citizens regardless of race or grievance.

Effective 1930 EST July 30/08 a new site was created on the WordPress system at joincanace.wordpress.com to reflect our new corporate status. The CANACE.ca domain has been re-directed there. 

This site will remain online in order to preserve links to existing stories, but will not be updated. Please visit the new CANACE corporate site at www.CANACE.ca to see the latest edition of pages and stories.

Mark Vandermaas, Vice-President
Director of Research
CANACE (Canadian Advocates for Charter Equality)
info@canace.ca

The Brantford Expositor today published a letter written by CANACE President and Executive Director Gary McHale intended to expose the attempt by a group called ‘Two Row Understanding Through Education’ (TRUE) to blame the media for the well-deserved black-eye native extremists are receiving in the media.

———————————-
Brantford Expositor, July 30/08
Letter to Editor by Gary McHale,
Executive Director of CANACE
T.R.U.E.  – Meeting held little truth [PDF]
———————————–

Mr. McHale made it clear that CANACE believes that if true healing is to begin, native extremists owe an apology to the innocent victims – both native and non-native – of their lawlessness, and that CANACE will not allow them to rewrite history:

CANACE documented Caledonia’s agony

Mr. McHale’s letter included reference to CANACE reports and investigations which expose the human and economic costs of illegal occupations as well as the legal myths propagated by native protesters, the OPP and the Ontario government.

• CANACE report: Legalized MYTHS of Illegal Occupations  [PDF] (10,000+ downloads)
• CANACE report: The Human Costs of Illegal Occupations [PDF] (20,000+ downloads)
• CANACE report: Cost of Illegal Occupations [PDF] (13,000+ downloads)
• CANACE news release, July 13/08: OPP tell CANACE: Land Title deeds do NOT prove ownership

Mr. McHale’s letter mentions the fact that the Summer 2008 issue of the prestigious Ryerson Review of Journalism has recognized the contributions of both CaledoniaWakeUpCall and VoiceofCanada in an article entitled, ‘Disputed Land, Failed Coverage.’

CANACE documented forgotten Ipperwash victims and the attempt to cover up their stories

CANACE has also documented the forgotten victims of native extremists in Ipperwash and the awful legacy for other Ontario communities of the Ipperwash Inquiry’s deliberate suppression of evidence.

• CANACE report: Ontario Deserves a Full and Fair Inquiry Into Landclaim Lawlessness [PDF]
• The Ipperwash Papers project: www.IpperwashPapers.ca

In 2007 the Western Standard magazine interviewed and quoted both Mary-Lou LaPratte, CANACE’s Ipperwash Liaison, and Mark Vandermaas, Director of Research along with National Post commentator Andrew Coyne and University of Waterloo history professor, Dr. Whitney Lackenbauer in ’Protection Racket: An Ontario judge glosses over illegal aboriginal acts at Ipperwash.’

• VoiceofCanada, June 22/07: Truth emerges as Ipperwash Papers go ‘main stream’ [PDF]   

References

• VoiceofCanada, July 30/08: Will TRUE complain about lack of media coverage on THESE stories?

ABOUT CANACE

CANACE is committed to restoring the rule of law in Ontario by ending racially-based policing and land claim lawlessness through peaceful methods.

We believe that true reconciliation between native and non-native peoples – as envisioned by the Supreme Court of Canada – must be based on truth, justice and respect for the rights of all human beings in Canada without regard to race or grievance.

CANACE is pleased to announce that the prestigious Ryerson Review of Journalism has recognized the work of co-founders Gary McHale and Mark Vandermaas for their contributions to news coverage of the Caledonia crisis via their respective websites, CaledoniaWakeUpCall.com and VoiceofCanada.ca.

Please refer to the following for detailed information:

• CANACE news release, July 24/08: Ryerson Review of Journalism: Disputed Land, Failed Coverage
• VoiceofCanada, July 23/08: Ryerson Review of Journalism: McHale & Vandermaas important news source for Caledonia dispute

UPDATED Aug 12/08

CANACE Executive Director Gary McHale today filed a total of 32 new charges against 8 different individuals involved in alleged extortion, illegal smoke shacks, illegal occupations and road blockades in Caledonia, Cayuga, Hagersville and Caledonia.

These charges have yet to be certified before a judge before a summons or warrant for arrest can be issued.

More charges will be filed in coming weeks. See news release for complete details:

CANACE news release, July 15/08 (UPDATED Aug 12/08):
32 Charges filed including Extortion

Today’s charges are in addition to the 9 already certified against Floyd and Ruby Montour for Extortion, Intimidation and Mischief neither of whom have been convicted at trial and are, therefore, presumed innocent until proven guilty.

Despite our limited resources, CANACE will continue to counter OPP race-based policing by pursuing those involved in landclaim and smokeshack lawlessness to the best of our ability until the OPP decide to enforce the law according to the Police Services Act of Ontario.

References

• CANACE editorials, July 13/08: Canadian justice not for sale
• CANACE news release, July 08/07: CANACE ‘extortion’ charges certified by Ontario Court of Justice
• CANACE news release, July 13/08: OPP tell CANACE: Title deeds do NOT prove ownership
• CANACE info, July 06/08: CANACE fights for Canadians against incredible odds

On July 13/08 CANACE issued three strongly worded editorials to aggressively confront an attempt by a coalition of Brantford builders called the Haldimand Tract Good Neighbours Coalition to sell out Canadian justice by urging municipalities to turn over taxpayers’ monies to the Haudenosaunee Development Institute (HDI), an organization that has shut down development sites in Hagersville, Cayuga and Brantford with intimidation and illegal occupations.

• CANACE editorial, July 13/08: Brantford builders aiding in Extortion?
• CANACE editorial, July 13/08: Haldimand Council: Stop meeting with criminals
• CANACE editorial, July 13/08: Caledonian resident Jim Bruzzese blames residents of Caledonia

The HDI is the group whose spokesperson, Steve Powless, threatened the people of Brantford after two native goons attacked police at an construction occupation site on Monday, July 14/08 while one was being arrested by Brantford Police.

• VoiceofCanada, July 15/08: Fantino & McGuinty should apologize for assaults on Brantford Police officers 
• CANACE news release, July 13/08: OPP tell CANACE Land Title deeds do NOT prove ownership 
• VoiceofCanada, July 14/08: A reader comments on Haldimand Tract Good Neighbours Coalition appeasement plan
• CANACE news release, July 11/08: CANACE to take on ringleaders of HDI land extortion scheme

This article is based on an inquiry from a reader, Jim Edgeworth, regarding a CANACE report for which we had yet to post the supporting video evidence. Thank you for your inquiry, Jim. Readers can obtain additional background information from the reference links at the end of this article. 
——————————————-

“I saw an article that quoted an OPP officer as stating ” The Ontario Land Registry is not considered proof of ownership by the OPP. I would like to track that down.

“If true it is a interesting situation. Why register any property with the Ontario Gov.? The Banks will need to review all loans that are secured with Real Estate. The Ontario Gov. will sooner or later exhaust all places to hide from doing the job they were elected to do. The USA is in a mortgage meltdown, Canada could do better with this!”

CANACE REPLY: Hi Jim. Thank you for the inquiry. Yes, it’s quite true.

Here are the links to two videos recorded by CANACE co-founder Jeff Parkinson while Executive Director Gary McHale and Director of Research Mark Vandermaas spoke to the OPP site commander Sergeant Michaud on May 12/08 when a Cayuga builder authorized CANACE to gather evidence to support criminal charges against natives who had shut down their townhouse development. The links can now also be found in CANACE ‘extortion’ charges certified by Ontario Court of Justice. 

Sgt. Michaud explains that Ontario's Land Title deeds are NOT sufficient proof of ownership for the OPP. May 12/08

Video 1: shows, A: the Sergeant explaining that land title deeds are not sufficient to prove land ownership to the OPP’s satisfaction(!) and B: that the OPP is being directed by the Crown Attorney not to enforce the law.

This conversation took place just 5 days after CANACE released its ‘Legalized MYTHS of Illegal Occupations‘ report in which we exposed the utter lack of legal justification for allowing natives to break the law. The sergeant later admitted to us on camera (not included in these clips) that he had read our material. The public should have no doubt that the OPP is very well aware they have no legal basis for refusing to protect land owners.

• OPP Sergeant Michaud says Land Title deeds don’t prove ownership   [DIAL-UP]

Video 2: shows the builder asking the natives to leave. They refuse. OPP refuse to arrest.

• Natives refuse to leave, OPP refuse to arrest

Note: As noted above, the original video footage from which these clips were taken was used as evidence in private prosecutions by CANACE Executive Director Gary McHale with supporting testimony by CANACE’s Director of Multimedia Production Jeff Parkinson to certify a total of 9 criminal charges against two native protesters for Extortion, Intimidation and Mischief in the Ontario Court of Justice. See reference links at the bottom of this article for additional information.

The implications of allowing landclaim lawlessness to continue are frightening

Is it not frightening to think that persons of a particular race with a grievance can just show up at your property, demand money and the title deed without any proof, without ever going to court and obtaining judgement, and the OPP will refuse to remove or prosecute them?

Even more frightening, even though Six Nations have not brought any claim for the Haldimand Tract into a courtroom, Brantford developers, frustrated with the refusal of police to end illegal occupations, have now banded together to try to get the City to pay portions of their revenues to Six Nations even though the Supreme Court has ruled that third parties have NO duty to consult or accommodate aboriginal concerns during unproven claims. That duty and the liability for failing to do so falls on the Crown and cannot be delegated.

• CANACE editorial, July 13/08: Brantford Builders Aiding in Extortion?
• CANACE editorial, July 13/08: Haldimand Council: Stop meeting with Criminals
• CANACE editorial, July 13/08: Caledonian Resident Jim Bruzzese Blames Residents of Caledonia

Instead of going after the McGuinty government which DOES have the duty, these developers are trying to hatch a scheme to have municipal taxpayers turn over money to an unelected, unaccountable criminal organization (HDI) which MPP Toby Barrett and Bob Runciman have already accused of extortion:

• MPP Toby Barrett, March 18/08: Barrett demands action on HDI extortion
• MPP Bob Runciman, May 29/08: Brantford questions from Runciman

Two HDI activists have been successfully charged (not yet convicted) with Extortion, Intimidation and Mischief by CANACE Executive Director Gary McHale via private prosecutions. A third native leading illegal occupations in Brantford on behalf of HDI – Steve Powless – was charged by the OPP for punching Mr. McHale in the head during an unprovoked assault that occurred on Dec 01/08 when Caledonia residents were peacefully attempting to protest at yet another new illegal smokeshack that was selling cigarettes to their children.

After two Brantford Police officers were punched on July 14/08 during an attempt to arrest a native protester blocking a cement truck from entering a construction site, Mr. Powless made this outrageous threat against the people of Brantford:

They’re going to have one hell of a fight now,” said Steve Powless, who spoke on behalf of the protesters. “This is going to be Caledonia Part 2. They don’t understand what they’re in for. They [Brantford Police] just have a little rinky-dink force,” Powless said. “I don’t know how they’re going to stop us.”

Hamilton Spectator/Canadian Press, July 14/08: Aboriginal protesters in Brantford vow ‘one hell of a fight’ after arrest  [PDF]

On Tuesday July 15/08 Mr. McHale is going to file additional criminal charges against the main ringleaders of HDI since police continue to refuse to do so.

These are the people who make up the gang to which developers wish to pay not to commit any more crimes.

Dangers of allowing landclaim lawlessness to continue unopposed

As a licenced real estate broker, CANACE co-founder Mark Vandermaas is very concerned about the destruction of confidence in the land titles system, the rule of law and Ontario’s economy that is forcing businesses and politicians to even consider giving in to extortion. The implications of allowing land claim lawlessness to go unchecked are frightening. Every real estate agent, organization and lending facility should know what is happening and understand the great dangers posed by landclaim lawlessness and the blatant, illegal refusal of the police to enforce the law and recognize land title deeds:

• MPP Toby Barrett, Feb 11/08: Haldimand Proclamation for Peace, Order and Good Government
• PC Party of Ontario news release, April 29/08: Lawlessness rules in Dalton McGuinty’s Ontario: Runciman
• PC Party of Ontario news release, May 22/08: Statement by John Tory on City of Brantford action
• $12M lawsuit by Caledonia residents: Brown/Chatwell Statement of Claim (shocking document)
• The Ipperwash Papers: Ipperwash resident Mary-Lou LaPratte submission to Ipperwash Inquiry (another shocking document; never published by the Inquiry that also refused to allow LaPratte to testify)
• VoiceofCanada feature: Caledonia Photos

The real estate business, as with all businesses, requires the predictability of the rule of law. CANACE is prepared to speak to any real estate or financial organization that is willing to listen in order to help them understand the grave urgency of demanding that the government and police protect both the economy of Ontario and the rights of innocents by enforcing the law and insisting that native protesters take their grievances into the courtroom.

CANACE founders will continue to hold accountable those responsible for failing to uphold the law. We have used and will continue to use private prosecutions to lay charges against those responsible for criminal activities in connection with illegal occupations. We will not allow the rule of law to be destroyed without a fight.

CANACE can help

If you are a builder in the Haldimand/Brant area coping with the intimidation and extortion attempts associated with illegal occupations of your development, please read the material below carefully, especially the ‘Legalized MYTHS’ report, then contact CANACE at info@canace.ca to set up a consultation.

If think your organization would benefit from a private CANACE presentation, please contact us at info@canace.ca to make arrangements. We will be pleased to send you biographical information and a resume of our personal accomplishments.

Mark Vandermaas
Director of Research
info@canace.ca
——————————————–

References

• CANACE news release, July 15/08: CANACE files 33 new charges: Terrorism, Extortion, Intimidation
• CANACE news release, July 11/08: CANACE to take on ringleaders of HDI land extortion scheme

• Dunnville Chronicle, July 11/08: McHale scores wins in court [REPRINT]
• VoiceofCanada, July 11/08: Brantford Expositor: “McHale has accomplished something”

UPDATE 1115 EST July 10/08:

• CWUC feature: Upholding the Law (Montour charges)
• Brantford Expositor, July 10/08: Montours face private charges [PDF]
• CWUC blog, Jeff Parkinson, July 09/08: CANACE cancels the Floyd and Ruby show

——————————————–

One of the most important legal decisions in Ontario’s history with respect to ending landclaim lawlessness was released today in a Cayuga courtroom by Justice of the Peace Dan M. MacDonald when he announced that summons for Floyd and Ruby Montour were to be issued so that they can face criminal charges in connection with their occupation of construction sites in Cayuga and Hagersville.

CANACE Executive Director Gary McHale originally filed 9 charges against the two via private ‘informations’ heard by the court on June 17/08, all of which were certified by the Justice today:

• Floyd Montour (5 charges): Extortion, Intimidation, Mischief (x3)
• Ruby Montour (4 charges): Extortion, Intimidation, Mischief (x2)

Mr. McHale submitted 210 pages of evidence to the court, some of which was obtained from the City of Brantford Motion Record against native occupiers. He also supplied video evidence and testimony from one of the Cayuga builders.

Here is an excerpt from the Justice’s decision:

“The Decision

“Based on the testimony of the Informant and other witnesses that appeared before me on June 17, 2008, and after reading the documentary evidence, including authorities, and having viewed the video clips on the DVD, I am satisfied that the two informations before me regarding Floyd Montour and Ruby Montour are valid and that the Informant Gary McHale has presented some evidence of all of the essential elements of the offences, i.e., a prima facie case.

“Process will be issued.

I will instruct the Clerk of the Court today to prepare a summuns for Floyd Montour and a summons for Ruby Montour, ordering them to appear in this Court regarding the charges that are on the two Informations laid by Mr. McHale.”

Ontario Court of Justice ruling, July 08/08
Justice of the Peace Dan M. MacDonald

After the decision was released, some government employees – police and court staff – made a point to congratulate Mr. McHale.

The Montours have been ordered to appear in court on Aug 20/08 to answer to the charges. Remember, they are innocent until proven guilty.

CANACE steps in when OPP refuse to enforce law

CANACE co-founders McHale, Vandermaas, Kinrade and Parkinson were present in Cayuga on May 12/08 during a work stoppage by native protesters - including Ruby and Floyd Montour – designed to extract money and a change of deeded ownership from the registered owner/developer. It was at that time the developers signed a form authorizing CANACE to enter the property to gather evidence for the purpose of filing criminal charges. (Builders who wish similar assistance from CANACE can find a copy of the form at the back of the CANACE report entitled, Legalized MYTHS of Illegal Occupations.)

• Cayuga builder authorizes CANACE to gather evidence for criminal charges

While at the development, Jeff Parkinson filmed the OPP site commander Sgt. Michaud refusing to arrest the lawbreakers, telling Mr. McHale and Mr. Vandermaas that the OPP does not recognize the Land Title Deed system in Ontario as the authority on land ownership. The sergeant also stated that the OPP were acting on advice from the Crown Attorney in refusing to enforce the law. Watch these startling statements on CANACE video:

• CANACE video, May 12/08: Sgt. Michaud explains OPP position on Land Title Deeds and refusal to enforce law  [DIAL-UP]
• CANACE video, May 12/08: Cayuga builder w/OPP, CANACE and Native occupiers

More charges to come

CANACE next intends to pursue charges against the so-called Haudenosaunee Development Institute (HDI) on whose behalf Ruby and Floyd Montour have been demanding money and deed transfers from private landowners.

We plan to travel to Brantford to gather evidence for future charges against those who encourage and/or perpetrate criminal acts in connection with their intimidation of builders.

CANACE co-founder Jeff Parkinson has filed private prosecutions against 2 OPP officers who assisted native protesters in barricading an occupation site in Hagersville. A decision from the court on those charges is pending.

Finally, three CANACE co-founders have an outstanding complaint alleging criminal behaviour by 3 other OPP officers. If the government refuses to act on them, those complaints, too, will be pursued via private prosecutions.

Liberals expected to oppose charges

CANACE fully expects that the Liberal government will attempt to vigorously oppose charges and/or sentences against native protesters and HDI organizers as they have done in other cases. In one case, the government offered $200,000 to pay legal fees for native protesters convicted of crimes with the promise of more to come should they appeal their sentences.

London Free Press, March 27/08: Jailing of native protesters raising ire

It should be noted that the Liberals have NOT made a similar offer of intervention and legal funding to the non-natives charged during the Dec 01/07 protest at an illegal smokeshack in Caledonia.

CANACE welcomes any and all efforts by the Liberal government to oppose our attempts to enforce the law in the face of OPP obstinence since such interference will draw even more attention to the fundamental bias of the Liberals and police against non-native victims of native lawbreakers. 

The Ontario Provincial Police leadership should be replaced ASAP

Mr. McHale has successfully filed charges against natives involved in the violent attacks on non-native protesters on Dec 01/07, but this is the first time in Ontario’s history that ordinary citizens have stepped in to take over when the OPP have refused to enforce the law in connection with illegal occupations.

For more than two years the OPP and Liberals have done everything they could possibly do to enable native lawbreakers in victimizing innocent citizens, making as few arrests as possible while bringing the full weight of the law and public opinion down on non-natives who dared to protest against the violence, criminality and civil rights violations in Ontario communities.

The OPP have been aware of the complaints of extortion, mischief and intimidation all along, but it was not until CANACE exposed the complete and utter lack of legal justification for race-based policing on May 07/08 and began gathering evidence for the laying of charges against the perpetrators with the assistance of the Cayuga builders on May 14/08 that the OPP half-heartedly announced they were going to ‘investigate’ the complaints.  

• Dunnville Chronicle, July 11/08: McHale scores wins in court [REPRINT]
• Brantford Expositor editorial, July 11/08: Private charges [PDF] Be sure to read the comments on this one!
• CANACE report: Legalized MYTHS of Illegal Occupations
• CANACE news, May 14/08: Cayuga builder authorizes CANACE to gather evidence for criminal charges
• National Post, May 22/08: Police probe First Nations’ fees
• VoiceofCanada, May 23/08: Dramatic developments coincide with CANACE activities

When ordinary citizens are required to do the work of a police force that has so shamefully abdicated its responsibilities to the citizens it is supposed to serve, one may justly argue that such a force is corrupted beyond salvage. It is time to demand that the top 250 officers be replaced, and that the force’s policies be closely scrutinized by the Ontario Human Rights Commission and the Ontario Ombudsman (legislative changes will be required since policing is currently excluded from the Ombudsman’s mandate) with the help of civilian oversight, preferably by a citizen’s action group such as CANACE.

(Unfortunately, the Ontario Civilian Commission on Police Services has so far functioned more like an OPP rubber stamp process for race-based policing than as a police oversight organization therefore, they cannot be entrusted with OPP reforms.)

CANACE believes that the sooner top officers are ‘retired,’ and the force instructed by the Minister of Community Safety and Correctional Services to obey the Police Services Act by enforcing the Criminal Code without regard for the race of offenders, the sooner our province will draw back from the brink of anarchy.

Until that day arrives however, CANACE will, despite our severely limited resources, continue to do our best to protect innocent Ontarians from the criminality of extremists who pretend to speak for honourable native people, and from the OPP who enable them.

Mr. McHale’s determined leadership in the face of overwhelming odds has shown that it is possible to fight back against those who would take our rights against us. Be sure to read, ‘CANACE fights for Canadians against incredible odds‘ for some insight into the price paid for today’s victory.

References

• VoiceofCanada, July 11/08: Brantford Expositor: “McHale has accomplished something”
• Brantford Expositor, July 10/08: Montours face private charges [PDF]
• CWUC blog, Jeff Parkinson, July 09/08: CANACE cancels the Floyd and Ruby show
• CWUC feature: Upholding the Law (Montour charges)
• CANACE news, July 08/08: CANACE ‘extortion’ charges certified by Ontario Court of Justice
• CANACE news, May 14/08: Cayuga builder authorizes CANACE to gather evidence for criminal charges
• CANACE info, July 07/08: CANACE fights for Canadians against incredible odds

UPDATED 1450 EST July 10/08

UPDATE 2153 EST July 08/08: CANACE ‘extortion’ charges certified by Ontario Court of Justice. Two native protesters now face total of 9 charges for Intimidation, Mischief and Extortion thanks to CANACE Executive Director Gary McHale.

This article was excerpted from a VoiceofCanada piece, ‘McHale wins judicial review hearing in Cayuga court!,’ in which CANACE Director of Research Mark Vandermaas provided some insight into the enormous price paid by CANACE Executive Director Gary McHale to oppose race-based policing in Ontario in order to dramatize the amazing accomplishments of a man who has every reason to give up, but refuses to do so.

Although it focuses on Mr. McHale, it must be noted that all CANACE co-founders have paid heavy prices for their involvement in this cause.

CANACE fights for Canadians against incredible odds

During the past two years, Gary McHale – with help from Canadians inside and outside Caledonia – has stood strong against the combined might of the Ontario government; the Ontario Provincial Police; Haldimand Council; cruel and/or politically-correct media; and – of course -native thugs in order to defend cherished Canadian values that hold: A. the rule of law is the foundation of democracy, and B. that all citizens should be equal before the law irrespective of their race, religion or grievance.

• He has been threatened with death, kidnapping and torture.
• He was viciously attacked by native thugs who sent him to hospital (photo above).
• He has had false witness borne against him by native attackers.
• He has been slandered with false accusations of being a racist.
• He was personally targetted for arrest by OPP Commissioner Fantino even though he had committed no crime.
• He was arrested for trying to raise a Canadian flag.
• He has been personally slandered by Fantino in the media who have printed his lies without question.
• He was – shamefully – ridiculed by the Brantford Expositor after being injured at the hands of native smokeshack thugs on Dec 01/07.
• He lost his home and the equity in it due to loss of income caused by the incredible amount of time he devotes to the struggle against race-based policing.
• He has barely enough money to buy food at times let alone pay for legal help.

In addition to all these challenges, Gary McHale must cope with a reading/writing disability that makes it very difficult for him to avoid spelling and grammatical errors. All critical documents are reviewed before release by his wife, Christine. His lack of ability in the written word however, is more than offset by his incredibly fast-thinking mind and uncanny ability to know exactly how to take advantage of every opportunity presented by those who oppose him.

Despite having every excuse to just give up and give in, Mr. McHale has fought the most powerful institutions in Ontario to a standstill. Despite his literary disability; having no money; no law degree; no access to legal advice other than the Internet; nothing but a determination to resist those who would take our rights from us, McHale and CANACE have gone into the court system to fight race-based policing on behalf of all Canadians. And, we are winning!

Why we risk our financial security

CANACE’s Director of Research Mark Vandermaas was recently asked by a Caledonia resident why we ‘outsiders’ would risk our financial security for people we don’t know. The questioner made it clear that he would definitely not be prepared to pay the economic price CANACE founders have already paid. This is what Mr. Vandermaas told him:

“I went to the Middle East with the Canadian Forces on a UN mission to preserve peace between Egypt and Israel; how could I refuse to go to Caledonia to defend justice for children on the 6th Line who live without policing? How can I dishonour my military brothers and sisters by putting a big screen TV ahead of the rule of law and fundamental justice here in Ontario while they face suicide and roadside bombs half a world away?

“85 Canadian soldiers have come home from Afghanistan in boxes; thousands more are buried overseas – all killed while trying to defend people they didn’t know. Many more have been maimed or scarred. The price we have paid to restore justice in Ontario is nothing by comparison.

“I live in London, equidistant between two communities ripped apart by landclaim lawlessness – Ipperwash, 1.5 hrs to the west, and Caledonia, 1.5 hours to the east. I am not an outsider; I am, in fact, very much an ‘insider.’ All Ontarians, all Canadians are ‘insiders’ when it comes to fundamental human rights and preserving the rule of law.

“My parents lived in Holland during WWII and saw Jews taken away. My father escaped from a German work camp. He later fought with the Dutch Army in Indonesia. I grew up learning about the Holocaust, coming to understand that enforcing laws based on race is inherently evil and dangerous. It was not the stormtroopers that made the death camps possible – it was the dutiful acquiesence to the hateful Nuremberg race laws by bureaucrats, police officers and judges who were ‘just following orders’ that made it possible to eventually murder millions of human beings. And, let’s not forget that it was Canadian, British, Russian and American troops – outsiders all – who liberated the death camps.

“I don’t want to lose my house any more than the next person, but what scares me more is standing idly by as my country loses its soul to criminals and appeasers, and knowing I didn’t do everything in my power to stop it. It is not my right to go to Caledonia, it is my duty, and the duty of every Canadian who understands the awful consequences to a country of losing the rule of law and the belief that all human beings are equal.”

Gary McHale has risked his life, his reputation, his financial well-being and his freedom in the greatest of Canadian traditions for people he did not know, simply because it was the right thing to do. His steadfast determination in the face of obstacles that would overwhelm most people has inspired others to stand beside him and take extreme risks of their own for this most worthy of causes. I suppose that’s the reason Caledonia artist Barb Patterson-Tuck included him – and two other CANACE founders – in her masterpiece, ‘Caught in the Middle.’ (The image above shows a special ‘Fine Art’ edition available only through CANACE.)

Many thanks to Ms. Patterson-Tuck for recognizing the obvious.

The online encyclopedia Wikipedia has also recognized the important role Gary McHale is playing in Canadian history: See http://en.wikipedia.org/wiki/Gary_McHale. The entry is new so there are some errors (Mr. McHale was most definitely NOT trying to take down a native flag when he was arrested. He was, in fact, standing quietly on the side of the road talking to police officers, waiting for a senior officer to come and explain why putting up a Canadian flag was against the law.) and missing facts which will undoubtedly be corrected and recorded in the future.

CANACE needs your support

If you would like to support the work of CANACE, please click here.  Click on the artwork above if you think you’d like to own a piece of history and support CANACE at the same time.

References

• VoiceofCanada, July 04/08: McHale wins judicial review hearing in Cayuga court!
• CANACE news release: July 04/08: CANACE scores a victory in Court
• VoiceofCanada, July 02/08: McHale gives Crown bad headache
• CANACE incident summary, Dec 13/07: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence
• VoiceofCanada category: Caledonia – Dec 01/07

“I am offended by the actions of Inspector McLean.”
Judge Marshall, July 04/08
McHale judicial review
Ontario Superior Court, Cayuga, ON

On July 02/08, Mr. McHale was in court for a pre-trial session that went very poorly for the Crown. See VoiceofCanada article link below, ‘McHale gives Crown bad headache.’

CANACE is pleased to advise that CANACE won another victory on July 04/08 during a judicial review in a Cayuga courtroom when Judge Marshall agreed with Mr. McHale that Justice McDonald erred during Mr. McHale’s Bail Variation hearing in December 2007 once OPP Inspector McLean refused to appear.

Judge Marshall told the Crown he was “offended” that OPP Inspector Dave McLean refused to appear in court after being served with McHale’s subpoena. This means that when Mr. McHale next challenges his bail restrictions in the coming weeks McLean will be receiving another subpoena which he had better respect since one of the options available is to issue an arrest warrant for failing to appear. 

CANACE has issued a statement outlining the details of the decision by Judge Marshall:

CANACE News Release, July 04/08
CANACE scores a victory in Court

References

• CANACE news release, July 04/08: CANACE scores a victory in Court
• VoiceofCanada, July 04/08: McHale wins judicial review hearing in Cayuga court!
• VoiceofCanada, July 02/08: McHale gives Crown bad headache
• CANACE Incident Summary, Dec 13/07: CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence

UPDATE 2210 EST July 08/08: Two native protesters now face a total of 9 charges for Intimidation, Mischief and Extortion in connection with illegal occupations and construction shut-downs thanks to CANACE. See, ‘CANACE ‘extortion’ charges certified by Ontario Court of Justice.’

UPDATE 1134 EST May 22/08: National Post story: Police probe First Nations’ fees. The OPP is now going to conduct an apparently reluctant investigation into the extortion tactics used by the HDI, but builders should not expect any charges to be laid by the police. No doubt the OPP’s decision to announce their ‘investigation’ and the recent CANACE announcement that we intend to lay charges for Mischief and Extortion is merely a coincidence.

UPDATE 2228 May 16/08: 1. The Cayuga builders were able to connect the main water line to their development today.  OPP were particularly helpful in convincing native protesters to ‘allow’ the work to be done. 2. Links to Tekawennake News coverage added.

On May 12/08 a Cayuga builder, whose construction site has been repeatedly blocked by native protesters demanding money in return for an end to the blockades, signed a form authorizing CANACE to enter the property and gather evidence for the purpose of laying criminal charges. The OPP have so far refused to put a stop to the illegal activities, and so the builder turned to CANACE for help.

Co-founders Gary McHale, Mark Vandermaas and Jeff Parkinson gathered enough evidence to lay charges against the ringleaders of the group following which the two partners who own the site met with OPP officers who promised that their criminal division is looking into the matter. Despite the fact that the OPP have more than sufficient evidence to lay charges of extortion and mischief now, CANACE was asked by the builders to give the OPP a chance to lay the charges themselves. We have agreed to wait until Wednesday, May 21/08; if the OPP haven’t laid the charges by that time, CANACE will do so.

OPP unconcerned with Supreme Court rulings, Criminal Code violations… 

CANACE has video footage of the OPP site commander – a sergeant – saying – among other things – that the Land Title deed held by the builders is not sufficient evidence to prove to his satisfaction who owns the property.

In a bizarre twist, the site commander followed us onto the property to inquire why we were taking pictures of the native lawbreakers; apparently they were upset because the OPP didn’t tell them we were going to take their picture and the sergeant wanted to know what we were doing. It was an example of race-based policing at its most surreal – a police officer refusing to arrest lawbreakers committing repeated Criminal Code offences while demanding to know why law abiding citizens were walking on deeded land and taking pictures of the people breaking the law.

During this encounter, the sergeant indicated that he had read our material regarding the Supreme Court’s decision in the Haida Nation case (stating that third parties have no duty to consult or accommodate aboriginal concerns). Apparently, though, the discovery that his force and the native occupiers were outside the law did not have much of an effect on him.  

The day’s events made it clear that the OPP knows the law, but is blatantly refusing to respect it. The force is functioning – for all intents and purposes – as a private security firm hired to enforce the whims of lawbreakers in complete defiance of the Supreme Court, the Police Services Act, and the law generally – in particular, the Ministry of the Attorney General’s legal opinion – submitted to the Ipperwash Inquiry in June 2006 – debunking the ‘colour of right’ defence being used to justify illegal occupations. (see CANACE report, ‘Legalized MYTHS of Illegal Occupations, Myth #1, ’Colour of Right.’)

CANACE in the news

The Dunnville Chronicle & Tekawennake News published accounts of the day’s events that mentioned CANACE:

Dunnville Chronicle, May 14/08: Development grinds to a halt in Cayuga; Ruby Montour delivers ultimatum to developer: Comply with HDI or face permanent shut-down   [PDF]

Tekawennake News, May 14/08: Gary McHale uses developers to run personal agenda

Tekawennake News, May 14/08: Developers team up with McHale (page 2)

CANACE has also released some video footage of the builder informing the OPP that they have authorized CANACE to gather evidence for the purpose of laying charges; and of the builder asking the occupiers to leave. 

CANACE video, May 12/08: Cayuga builder w/OPP and Native occupiers

If your site is threatened with occupations or blockades

CANACE would like to thank the Cayuga builders for standing up against the OPP-enabled lawlessness that is devastating Haldimand County. 

If your site is facing shut-downs by native protesters, please invest a few minutes to download and read our latest report, ‘Legalized MYTHS of Illegal Occupations.’ There is an authorization form at the back of the report giving CANACE permission to enter your property for the purposes of gathering evidence. Once you have signed it, contact us to make arrangements to meet, gather evidence and lay charges. We would also be pleased to meet with you in advance to answer any questions you may have.

Although the Cayuga builders have declined to do so at this time, we will also be pleased to assist in the filing of Small Claims Court suits and Police Services Act complaints against officers who refuse to do their duty.

Suggested reading

We would also recommend that readers download and review the CANACE reports, ‘The Human Costs of Illegal Occupations‘ and Ontario deserves a full and fair inquiry into landclaim lawlessness. The ‘Human Costs’ report has been downloaded more than 20,000 times since its release in December 2007.