Role in The Caledonia Land Dispute
McHale organizes rallies at the site of an Aboriginal occupation in southwestern Ontario. Actions have included the attempted removal in 2006 of Aboriginal flags with the aim of replacing them with Canadian flags, for which he was arrested to prevent a breach of the peace. He stated that police ignored Aboriginals who broke the law at the site. McHale was not charged but was held in jail overnight and had to appear in court in Hamilton. The crown attorney, the duty counsel and the justice of the peace registered surprise that McHale had been held overnight without charges. "We have no jurisdiction against this man," Justice of the Peace Kerry Boone stated.
McHale's protests have been described as antics in the national media and OPP Police Commissioner Julian Fantino has stated that the Caledonia protests were "counterproductive".
On November 8, 2007, OPP Police Commissioner reported to Hamilton Spectator newspaper that McHale's rallies have cost over a $500,000 to police. According to the newspaper, 22 OPP police officers filed a $7.2 million lawsuit against McHale for defaming them on his website. "McHale criticized the OPP officers who stopped him from hanging Canadian flags near the occupied site saying they were violating their oath of office." The photos of all the 22 police officers were also posted on the site under the heading "OPP: Hang your heads in shame," saying each one of them had violated their oath of office, the statement of claim said. 'The lawsuit comes as Fantino is being investigated by the province for an e-mail he sent to Caledonia politicians, suggesting they supported McHale's rallies.' Court papers of the lawsuit.
McHale was arrested and charged with conspiracy to commit mischief during a native smoke shop protest that turned violent in December 2007. As part of his bail conditions, McHale was barred from Caledonia and banned from communicating with certain individuals. Haldimand County, Ontario mayor Marie Trainer and Haldimand—Norfolk—Brant MPP Toby Barrett spoke out in his defence.
McHale’s basic message has been that the OPP (Ontario Provincial Police) "two tier policing" policies cause officers to stand by and watch as native protesters commit crimes against local residents. This message has been echoed by local politicians and residents during a convoy to Queen’s Park, the provincial capital.
McHale, who represents himself in court, started a campaign of laying criminal charges against native protesters when the OPP refuse to do so. He has been successful in laying extortion, mischief and intimidation charges against two key native protesters and also won a judicial review case against the OPP for their refusal to appear in court when summoned by a subpoena. Some have stated that “McHale is filling a vacuum. Although the OPP has been investigating, no charges have resulted.”
Read more about this topic: Gary Mc Hale
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