Archive for September, 2007

CALEDONIA — A provincial Conservative government would rewrite the trespass laws to give police more powerful tools to end “illegal occupations” such as the 18-month-old native blockade of the Douglas Creek Estates in Caledonia, PC Leader John Tory says.

Tory said he would broaden the definition of trespass to include illegal occupations and apply the law to any person or organization who encourages such actions as well as to the people who are on site.

Maximum fines would be $2,000 for individuals and $25,000 for organizations for each day that an occupation defies a court order to stop.

Tory said he has made seven previous visits to Caledonia to hear residents’ concerns, and even attempted without success to meet with Six Nations representatives, while Premier Dalton McGuinty has yet to make an appearance.

Read the full story here

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The following statement today by health minister George Smitherman raises some interesting questions.

Our focus is maintaining peace, his focus is stirring the pot,” Deputy Premier George Smitherman said in a statement released as Tory met with residents in the town, not far from the Douglas Creek Estates, the development occupied by protesters upset over a land-claims dispute in February 2006.”

I have a few questions for the Liberals now that they have appointed this new expert to speak to the media about Caledonia.

Why is George Smitherman, the health Minster of Ontario talking about Caledonia and Native land claims?

Wouldn’t it be prudent for him to reserve any Caledonia related comments to health care issues such as the health of Sam Gualtieri who was hospitalized by McGuinty’s ability to keep the peace?

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September 23, 2007

Remember this date ladies and gentlemen as today is the day that the Government silence and inaction on the lawless Native terrorism and extortion in Ontario died.

Conservative leader John Tory visited Caledonia today and made clear the position his PC government will take once in office on the curse that McGuinty has placed on Caledonia, and allowed to spread throughout the Province.

The following is from the official story as sent out by the PC party:

“Progressive Conservative Leader John Tory today returned to Caledonia, the site of the ongoing land-occupation, where he called for new leadership to resolve the current standoff and prevent other illegal occupations in the future.“For over a year and a half Dalton McGuinty has permitted an illegal occupation to paralyze this entire community,” Mr. Tory said, “He has failed the people of Ontario.

To date, Dalton McGuinty has refused to insist on the rule of law when it comes to illegal occupations. The Caledonia occupation alone has cost Ontario taxpayers $55 million so far. Similar disputes have since threatened communities ranging from Desoronto, Brantford, Hagarsville, the Village of York, and Dunnville.

Tory announced today that he would move to protect Ontario communities from illegal occupations by strengthening existing laws.

“I am announcing today that a PC government will amend provincial statutes, including the Trespass to Property Act to address the breakdown in law that results from an illegal occupation,” said Tory. This new act would respect the valid interests of each side, protect innocent bystanders, and set a policy framework for police.”

He also outlined the new ground rules that a Progressive Conservative government would enforce when confronted with an illegal occupation:

  • No negotiation with anyone engaging in an illegal occupation;
  • Oppose any group using an illegal occupation to extort concessions or payments
  • Insist that the authority of the courts, including court injunctions, are respected and enforced; and,

• Use the justice system to pursue civil action against those who participate in, direct, or financially support illegal occupations.

“I will stand up and stand beside the people of this province to ensure they are protected,” Tory concluded. “For a safe and strong Ontario, leadership matters.”

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CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

One very important part of the lawsuit filed against the OPP and Government by Dave Brown and Dana Chatwell, is the suffering that they have endured at the hands of the DCE protestors and the OPP who are supposed to protect them. These people have been denied very basic rights that we are all entitled to and any of us could be next so we should pay careful attention to this. Under the McGuinty / Fantino regime this could easily happen to anyone living in Ontario. My comments will be italic as we look once again at the official court documents:

The occupation by the protestors of Douglas Creek Estates has received wide local and national coverage since the beginning of the occupation on February 28, 2006.

The prolonged occupation by the protestors, which has been allowed by the defendants in contravention of the respective duties, has created an impression among prospective purchasers of property in Caledonia and the surrounding area that Caledonia is not a safe community.

As a result of the public nuisance for which the owner of Douglas Creek Estates, the Minister of Infrastructure and Renewal is responsible, and as a result of the negligence of the OPP, Commissioners Boniface and Fantino and Inspector Haggith, the false imprisonment and assault and battery of Brown, the trespass and illegal surveillance, and as a result of the misfeasance in the public office of the Minister of Infrastructure and Renewal, Commissioners Boniface and Fantino, Inspector Haggith, the Minster of Aboriginal Affairs, the Minister of Community Safety, and Correctional Service, and the Attorney General for Ontario, the plaintiffs have suffered the following damages:

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CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

That the OPP hid a camera in the home of a citizen is bad enough, but the way they played on the fears instilled in these people by the Native Protestors on DCE makes it even more despicable. My comments will be in italic as we learn more from the official documents of the lawsuit:

Brown and Chatwell returned to the property at approximately 1:30a.m. on December 17, 2006 to find that the residence had been broken into and ransacked. Electronics and computer equipment were smashed, racist and vulgar comments were painted on the walls, furniture was broken and overturned. Brown and Chatwell reported the incident to the OPP.

During subsequent investigations of the break and enter, the OPP conducted extensive interrogations of Chatwell and Brown and made significant inquiry as to whether Chatwell and Brown ransacked their own home. Interrogations of Brown and Chatwell lasted several hours.

After the break-in and the ransacking of the plaintiff’s residence, the OPP suggested to the plantiffs that the OPP would install a security system including an alarm and motion lights with surveillance cameras inside the lights. Brown specifically required that cameras would only be installed outside the residence and not inside. The OPP expressly confirmed that no cameras would be installed inside the residence, only outside. Brown was present when the lights with the hidden camera were purportedly installed outside the residence. Brown was told the motion lights installed at the rear of his residence contained a surveillance camera. The security system was installed on or about December 21, 2006.

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CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

Part of the lawsuit filed against the OPP and Government by Dave Brown and Dana Chatwell is based on the allegation of Commissioner Fantino, and Boniface before him breached their duties as OPP officers. Being the highest ranking officers at the time makes this an even more serious allegation which warrants our attention. My comments will be in italic as we continue to learn from the official court documents of the lawsuit:

Pursuant to s. 41 of the Police Services Act, Commissioner Boniface and Commissioner Fantino owe a duty to the plaintiffs to ensure that the police officers of the OPP carry out their duties in accordance with the Police Services Act.

Commissioners Boniface and Fantino have breached their duty by:

Knowingly allowing police officers under their authority to violate their Police Services Act duties,

making a policy decision not to enforce the laws of Canada, the Province of Ontario, and the county of Haldimand on Douglas Creek Estates and on the Property of the plaintiffs,

instructing officers of the OPP not to make any arrests of protestors without prior authorization from OPP headquarters in Orrilia,

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CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell. 

The suit itself is not only against the Government and OPP force, it’s filed against the Province of Ontario, OPP Commissioner Gwen Boniface who was in charge when the criminal occupation of DCE began, OPP commissioner Julian Fantino, and OPP inspector Brian Haggith who was in charge in Caledonia at the time.

The $12 Million is arrived at as follows: $5,000,000 against Gwen Boniface, Julian Fantino, and Brian Haggath for misfeasance in a public office, negligence, false imprisonment, assault, trespass, illegal surveillance, and breach of the plaintiffs rights under the Canadian Charter of Rights and Freedoms. 

$5,000,000 against the crown for private nuisance, misfeasance in a public office of her servants and agents, and in vicarious liability for the conduct and torts committed by Gwen Boniface, Julian Fantino, and Brian Haggith, and the Crowns agents, servants and/or employees.

$2,000,000 for aggravated and punitive damages. 

We have all heard about many of the terrorist activities that took place in full view of OPP officers who refused to come to the aid of innocent victims, so I’ll focus on a few incidents cited in the lawsuit that are not as well known to the public.

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CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12Million lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

We have said publicly that the OPP will do everything legal and illegal to ensure that residents cannot speak out in a democratic society.

The OPP wilfully will violate people’s Charter Rights for assembly and for Freedom of Expression. The following paragraphs from the lawsuit demonstrate how the OPP will try to pressure people to agree to allow the OPP to arrest us and those who speak out. Even after the OPP are turned down you will read that the OPP ‘repeatedly’ called Dana Chatwell to get her to agree to lay charges. 

We can just imagine what the OPP would be telling the public if they were able to pressure Dana into agreeing. The OPP knew full well we were not trespassing but they didn’t care… they wanted to lay charges so they tried to get someone to lay charges against us.

Read the full story here

CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12Million lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell. 

We cannot find a better way to say what the lawyer has already stated below:

 Misfeasance in Public Office 

113. The agreement by the Minister of Aboriginal Affairs made with the native protestors and the Haudenosaunee Six Nations Confederacy and Council on or about April 21, 2006, not to proceed any further with any criminal charges arising from the raid by the O.P.P. on April 20, 2006 is outside of his authority and improperly interferes with the lawful duties of police officers of the O.P.P., the duties of Commissioner Boniface, Commissioner Fantino, and Inspector Haggith and the duties and obligations of the Attorney General of Ontario and constitutes misfeasance in public office. 

114. The Plaintiffs plead that the agreement made by the Minister of Aboriginal Affairs was made with the knowledge and acquiescence of the Attorney General of Ontario and that such acquiescence constitutes a violation of s. 5(b) of the Ministry of the Attorney General Act, R.S.O. 1990, c. M.17, as an administration of public affairs that is contrary to law and constitutes misfeasance in public office.

Read the full story here

CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12Million lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell. 

McGuinty has repeatedly claimed that his government doesn’t direct the operations of the OPP and yet the evidence is growing that the OPP are doing exactly what McGuinty’s Government is telling them to do. The following statements are found in Dave Brown & Dana Chatwell’s lawsuit against the OPP and the Ontario Government. 

56. On or about April 21st, 2007, the Minister for Aboriginal Affairs for Ontario, David Ramsey, entered into an agreement with the protestors and the Haudenosaunee Six Nations Confederacy council not to proceed further with any criminal charges arising from the raid by the O.P.P. on April 20th, 2006. 

Why is the Minister for Aboriginal Affairs entering into any agreement that has to with policing issues? Why would Mr. Ramsey believe that the OPP would follow an agreement his ministry would sign unless the Ontario Government was going to force the OPP to abide by Mr. Ramsey’s agreement?

 Read the full story here

CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

Harm Suffered by Plaintiffs as a result of O.P.P. Inaction and Failed Raid

50. As a result of the O.P.P’s  failure to enforce Justice T. David Marshall’s Orders, the failure to arrest protesters and take possession and control of Douglas Creek Estates, and the breach of the O.P.P.’s duties under s. 42 of the Police Services Act and the Haldimand Police Services Agreement:

a. The Property was the only residence located within the protestor’s blockade which had no access except through the blockades;

b. Brown, Chatwell and Dax were trapped on the Property for serveral days and were unable to leave the Property as Argyle Street South had been blocked by the protestors North and South of the Property;

c. Brown, Chatwell and Dax were subject to the control and authority of the protestors having been told by the O.P.P. that they would not come to the assistance of Brown and Chatwell;

Read the full story here Much more at http://www.VoiceofCanada.ca

CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

Failure of Commissioner Boniface and O.P.P. to Request Assistance

31. The Haldimand Police Services Agreement requires the O.P.P. to be capable of providing provincial-level of response that can be mobilized for emergencies, disasters and specialized needs. Section 55 of the Police Services Act authorizes the Solicitor General, not the Minister of Public Infrastructure and Renewal, to make an agreement with the Crown in Right of Canada or of another Province or with any Federal or Provincial agencies including the Canadian Armed Forces for the provision of police services in an emergency.

Read the full story here

CaledoniaWakeUpCall and VoiceofCanada have obtained a copy of the Statement of Claim for a $12,000,000 lawsuit against Gwen Boniface, Julian Fantino, Brian Haggith and the Province of Ontario by Caledonia residents Dave Brown and Dana Chatwell.

The claim is nothing less than a shocking indictment of OPP police state tactics and their complete abdication of law enforcement authority in the face of direct interference by the provincial government and native criminals. The actual Statement of Claim is 54 pages long, so we will be releasing excerpts from the document to help readers digest the unbelievable details. In actual fact, long time readers of VoiceofCanada and CaledoniaWakeUpCall will find these excerpts all too believable.

This excerpt describes how Dave Brown was falsely imprisoned by the OPP after being attacked on his own property by trespassing natives.

Read the full story here

Courtesy of www.CaledoniaWakeupCall.com who has been covering this story since April 17, 2007.

 – Apr 17 – Our Queen’s Park Release of the OPP Video Camera

 – Apr 17 – Dancer’s Video – No Policing on 6th Line for 19 months

 – Sept 21 – CTV: Brown – $10 Million Lawsuit

 – Sept 21 – CTV: Brown – More details about Lawsuit

 – Sept 21 – Open letter to Premier McGuinty and MP Finley

Originally posted December 19, 2006

The Hamilton Spectator
CALEDONIA (Dec 19, 2006)

Natives on the former Douglas Creek Estates are rejecting accusations they are behind the weekend trashing of the home of Caledonia residents.

The incident occurred on the weekend to the home David Brown owns with Dana Chatwell on Argyle Street West on the border of the Douglas Creek Estates.

The couple told police they’d been out for the evening and when they returned home at about 1:30 a.m., Dec. 17, they saw several people running out the back door onto Douglas Creek Estates.

OPP spokesperson Paula Wright said the intruders had overturned furniture and scrawled graffiti on the inside walls, but apparently didn’t steal anything.

“Racist go home,” was one of the slogans painted onto the walls.

A group of non-natives who gathered near the house Sunday afternoon blamed protesters for the break-in. But Wright said it’s too early to point the finger at anybody.

Read the full story here