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,
upon making a decision to attempt to enforce the Orders of Justice T. David Marshall and Justice Barry H. Matheson, Commissioner Boniface failed to ensure that the OPP entered onto Douglas Creek Estates with sufficient force and resources to ensure their success and ensure the safety of the plaintiffs and the plaintiffs’ property and failed to ensure the OPP had the assistance of the RCMP and of the Canadian Armed Forces.
failing to adequately investigate the circumstances at Douglas Creek Estates, consult internally with the OPP or with the RCMP and the Canadian Armed Forces in planning for and implementing the offensive at Douglas Creek Estates on April 20, 2006.
Commissioner Boniface willfully frustrating the orders of Justice Barry H. Matheson and Justice T. David Marshall in determining, and stating to be the representative of the Premier of Ontario, that the protestors would not be forcibly removed from the Douglas Creek Estates in any circumstance,
Acquiescing in a commitment by the Minister of Aboriginal Affairs for Ontario not to prosecute the protestors for any criminal offences,
Instructing the Defendant Inspector Haggith to refrain from enforcing the orders of Justice Barry H. Matheson and Justice T. David Marshall,
Carrying out their duties in a manner that ignores the needs of the community of Haldimand County and the plaintiffs, specifically restricting the police officers under their jurisdiction from carrying out their duties for fear the exercise of their duties in Haldimand County may, hypothetically promote breaches of the peace in communities outside of Haldimand County,
preferring the interests and “rights” of the native protestors engaged in unlawful conduct to the lawful rights of the plaintiffs and, failing to properly protect the plaintiffs.
I realize that to some that may have sounded like legal “mumbo jumbo” but I urge everyone to carefully read the above and understand the nature of what Fantino and Boniface before him have done and are continuing to do to the residents of Haldimand in order to appease native protestors.
The rule of law and everything that the OPP are supposed to represent have been tossed aside like trash to ensure that some protestors don’t get upset. This is not some isolated questionable incident, it’s life for average Canadians caught in the middle of something the law states is not to be allowed to interfere with their lives and their rights.Jeff Parkinson Caledonia Wakeup Call Jeff@CaledoniaWakeupCall.com