Archive for October, 2007

Oct 14, 2007

With all the OPP stationed in Caledonia you would think that when there is an Attempted Murder that occurs then the OPP would respond within a few minutes, but like everything else the OPP does in Caledonia it comes down to what is the politically correct thing to do.

In cases in Toronto when people willfully drive directly at people it is considered an Attempted Murder. In fact, in June of 2006 OPP issued arrest warrants after a Native Protester drove directly at an OPP officer.

Yesterday, Oct. 13, 2007, a Native Protester from Douglas Creek Estates (DCE) willfully drove directly at me (Gary McHale) which caused me to have to move out of the way. The driver was traveling south on Argyle St. (Hwy 6) at regular speed (80km) and suddenly turned towards me. He drove onto the shoulder of the highway and the tire marks reveal that I would have been hit if I had not moved out of the way. The vehicle drove on the shoulder for about 25 feet and then back onto the highway and continued south down Argyle St.

I then phoned the OPP and reported it. After about 25 minutes I attempted to flag down an OPP car but he refused to stop. I was in the middle of the south bound side of Argyle St. and the OPP car was North bound and he looked directly at me as I will flagging him to stop and he just passed by.

After waiting approx. 40 minutes after the first 911 call I phoned again to report the license plate and to tell them I was going to close down Argyle St. to protect the crime scene. I was informed that was illegal and I told the OPP they needed to get to the scene to review tire tracks.

Read the full story and see the pictures here

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The Hamilton Spectator
(Oct 23, 2007)

The Six Nations elected band council is seeking an injunction against two smoke shops that have recently set up on band land without permission.

Elected Chief Dave General says the parcels of land off Highway 6 at 5th Line belong to the Six Nations community but are being used for personal profit by the smoke shop owners whom he describes as “lawless.”

“This is business activity occurring on community-owned land without any benefit to the Six Nations community,” said General.

The plots of farmland along Highway 6 were bought by the Six Nations band council in the early 1990s. The council has applied to have the lands added to the Six Nations reserve. But while the process drags on, the lands remain under the jurisdiction of the Ontario Provincial Police and Haldimand County.

General said the community-owned lands are a small fraction of the wider reserve and that most of them are leased for agriculture. Money collected by the band council is then redistributed through programs and services in the community, he said.

Their presence has raised concerns among Caledonia residents as well.

Doug Fleming recently started selling cigarettes out of the back of his pickup truck to protest what he describes as police inaction around the shops. He fears that others will see the brisk business the two shops are doing and decide to set up along the high-traffic route as well.

OPP spokesperson Dave Rektor said police are still investigating Fleming’s “antics.” He added he is not aware of the injunction and would not speculate on what the OPP would do if it is granted.

Jeff Henhawk, who also goes by the name Jeff Hawk, set up his shop on the Highway 6 land last spring and says he does not recognize the authority of the band council which he sees as an agent of the federal government.

He said he would not be swayed by an injunction.

“It would be no different to me than the Henning brothers’ injunction,” said Henhawk, who was involved in the early occupation of the former Douglas Creek development.

Read the full story here

The Hamilton Spectator
(Oct 22, 2007)

A Caledonia resident is selling contraband cigarettes from the back of his truck to protest the recent opening of two native smoke shops on Highway 6 that he describes as illegal.

On Saturday morning Doug Fleming set up his own makeshift smoke shop on a lot next to the former Douglas Creek development occupied by Six Nations protesters last year. He then drove his pickup down Argyle Street to the Caledonia OPP office and set up shop in their parking lot. Fleming said that after a couple of hours he was asked to leave by an OPP officer who told him the plaza owner had complained he was trespassing.

He was not charged.

“I’m challenging the OPP to deal with me but they won’t because if they deal with me, they’ll have to deal with the Indians,” said the 45-year-old swimming pool installer. “I’m openly breaking the law.”

Fleming said that when the two shops recently sprung up on Highway 6 around 5th Line he went to officials at Haldimand County to complain.

He said they are on land that belongs to the Six Nations Band Council. But he added that since it is not reserve land it is under Haldimand County’s jurisdiction and should be subject to the county’s rules. He was told by officials the land was “in limbo.”

He wants the shops shut down so others are not encouraged to set up on the high-traffic route. He also wants to see local laws enforced.

Fleming first set up his rolling protest the weekend before and is considering making it a weekly event.

“I think I’m going to set up shop every Saturday until they enforce the law and close down the shops,” he said. “We’ve been living with laws being broken and police not enforcing them for long enough.”

Read the full story here

CANACE presents our first report: The Cost of Native Occupations.

Updated October 11, 2007 – As we all know by now, the worst Premier in Ontario history has been elected to a second reign of horror. This is not good news for Caledonia or anyone who cares about law and order in Ontario, but it’s not the end of the battle. The things worth having in this life are not only worth fighting for but usually require fighting for and that is what we will continue to do. 

October 10, 2007

Today is the single biggest chance we have to change the landscape of what’s happening in Caledonia, and all you have to do to make a difference is take a few minutes to put a check mark in a box.

For anyone considering not voting today I ask you the following:

How would you feel if your vote could have been the one that knocks McGuinty out of power but you didn’t bother to do it? Remember the election that saw Bush elected was decided by a handful of votes.

Is the suffering of the children of the Sixth Line not worth taking a few minutes to vote against? Remember some of those who need McGuinty defeated the most are too young to vote, but you can cast yours on their behalf.

If you’re not sure that John Tory will keep his word and end the lawlessness, ask yourself what will Dalton McGuinty do if re elected?

Is that few minutes spent doing something else today worth 4 more years of being grossly overtaxed and knowing that your money is paying to keep illegal occupations, extortion and the oppression on your rights going?

How do you feel about the fact that every tax dollar you pay for the next 4 years will not begin to cover the cost of the OPP sitting in their cars refusing to help as someone is beaten nearly to death?

How does it feel knowing that every time McGuinty smiles for the camera, it’s because his hand is in your pocket?

How effectively can the billions of dollars from the McGuinty imposed health care tax have been spent when Sam Gualtieri was refused a CAT scan at almost every hospital his doctor had to call to beg to give him one?

If the current polls showing McGuinty way ahead are discouraging you, remember those are phone polls and half of those people won’t bother to vote today.

I’m going to spend the time it would take me to write a few more of these questions going out and casting my vote. I sincerely hope that you will all do the same!

Jeff Parkinson
Caledonia Wakeup Call
Canadian Advocates for Charter Equality www.canace.ca
Jeff@CaledoniaWakeupCall.com

October 9, 2007

 

With the first March presented by CANACE now in the history books, I’m pleased to report that it was a great success.

Video, and news reports of the day are available now at www.caledoniawakeupcall.com/topics/RememberUs.html

Hundreds of people took time out of their Thanksgiving day to come and hear the speeches and to March for Freedom with us and to you all we are grateful. Merlyn Kinrade, Joe Gualtieri, Mark Vandermaas, and Gary McHale all gave excellent heart felt speeches but it was Dancer who truly stole the show.

dancer.JPG

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October 7, 2007

With the Remember Us March just one day away, the opportunity to take a stand has shown what many people are truly made of. Perhaps it was naive of me to expect to see the “leaders” accept a chance to show leadership, but the list of true cowards is growing each day. A look at some of those who have shown great courage and some who are trying desperately to hide under a rock is in order.

The Gualtieri Family:

One can not use the words Caledonia and Courage without immediately thinking of these incredible people. After the attempted murder of Sam Gualtieri in a home he was building for his daughter on Stirling Street, these folks had every reason in the world to run and hide from the media, the public, and the thugs who altered their lives forever.

Within hours of the attack, they had decided to go to the media, fight for justice, and will have Sam’s brother Joe speaking on their behalf at the March. I have had the privilege of meeting and speaking with not only Joe but other family members and they are a true symbol of what this Country should be about. Hard working honest people who refuse to give up their rights and freedoms at the whim of a handful of criminals.

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Statement for the Freedom March, Caledonia 

Today is a day when we should all be at home with family celebrating Thanksgiving.  Instead, sadly enough, you are here making an important point about freedom: freedom of expression, freedom of speech, freedom of association, and freedom not to live in fear in your own homes and your own city.

We have been blessed to live in Canada, a country that usually celebrates these freedoms even when they challenge us on sensitive issues such as this.   Everyone wants to see a peaceful resolution to the troubles in Caledonia. Everyone wants a quick resolution to the troubles and disagreements in Caledonia.  

Governments need to step up to facilitate an end to the standoff so freedom can be returned to Caledonia. The Canadian Taxpayers Federation is a national, not-for-profit organization with 68,000 supporters. Our mandate is to fight for lower taxes, less waste and greater accountability in government.  The standoff has cost taxpayers over $50 million dollars and government has not been accountable for the tremendous hardships all have faced. People like the Gualtieri’s and the Brown’s, injured OPP officers and so many others can attest to that. 

It has been more than 19 long months since this standoff began and it appears no closer to resolution today. Thanks to the unfortunate acts of a few, the failure of governments and the failure of police to act, all are suffering.

Read the full statement here

Police investigators can be sued if they conduct an investigation negligently, the Supreme Court of Canada said Thursday in a ruling that will send shudders through police ranks.

”Police officers owe a duty of care to suspects,” Chief Justice Beverley McLachlin said for a 6-3 majority. ”Their conduct during an investigation should be measured against the standard of how a reasonable officer in like circumstances would have acted.

”Police officers may be accountable for harm resulting to a suspect if they fail to meet this standard,” she said, writing on behalf of Mr. Justice Ian Binnie, Mr. Justice Louis LeBel, Madam Justice Marie Deschamps, Mr. Justice Morris Fish and Madam Justice Rosalie Abella.

The court nonetheless dealt a personal loss to a Hamilton man – Jason George Hill – who had argued that he was negligently arrested, resulting in his spending 20 months in jail for a string of robberies that he did not commit.

Mr. Hill was ultimately exonerated when the real robber was found and convicted. He sued investigators, specifically citing an inept police lineup procedure, but the court ruled against his suit.

Mr. Hill’s lawyers – Sean Dewart and Louis Sokolov – were exultant about the legal implications of Thursday’s ruling but disappointed that Mr. Hill’s lawsuit was thrown out.

This is a bitter day for Jason Hill,” Mr. Sokolov said. “The court acknowledges that he was wronged by the justice system, and yet excused the police from liability because their conduct in this case met the very low standards that prevailed more than a decade ago.

“On a happier note, this is a very good day for police accountability in Canada. The Supreme Court stated in resounding language that police are no different from the rest of us, and can be sued if they do their jobs negligently.”

Read the full story here

Originally published by the Brantford Expositor.

As one who initially helped conceive the Six Nations’ land development protocol, I would like to speak to its merits and the thoughts behind the idea in the light of recent criticism from developers, mostly, about the protocol and the fees proposed. (Edit: Extortion)

The idea came as we saw the enormous cost, (Edit: Potential for Extortion) for all concerned, of reclaiming (Edit: Illegally occupying) a relatively small piece of land in Caledonia. Not only the financial cost but also hours of lost time with our families, (Edit: Go home and stop illegally occupying DCE then) lost hours of employment income, fines, jail time and criminal records and loss of personal and friendly relations with the Caledonia folk and the animosity now ingrained. (Edit: Terrorizing the citizens of the town may have something to do with the loss of friendly relations with them)

So why not devise a way to circumvent future conflict by creating a permit process whereby the Six Nations Confederacy would have an opportunity to (Edit: Extort money from developers) comment on development of land (Edit: Issue threats) whose true ownership has yet to be resolved in a fair and equitable resolution process?

This permit process would serve many useful purposes. Developers would be made fully aware of (Edit: Things that are not their concern and that they have no legal duty to consult on) the nature of the history of the land in question and whether Six Nations, not being completely against development, has any concerns regarding archeological, environmental or culturally significant concerns. (Edit: Wants money)

The permit fee, just as a fee to any municipality, (Edit: Which are governments unlike the group of organized criminals extorting builders) would be an administrative fee to conduct the required research of the concerns mentioned above. Now Six Nations can act in a proactive manner rather than reacting with all its potential for misunderstanding and conflict. (Edit: Make even more money on their illegal occupation of DCE by threatening to attack developments that don’t pay up)

Read the full unedited story here

The Hamilton Spectator
CAYUGA (Sep 29, 2007)

A 31-year-old fugitive who was arrested on a traffic warrant near Morrisburg Thursday is facing dozens of criminal charges, including attempted murder, in connection with the hijacking of a U.S. border patrol vehicle in Caledonia last year.

During the June 9, 2006 incident, a group of native protesters from Douglas Creek Estates swarmed the unmarked vehicle and threw out the three occupants, two OPP officers and a U.S. border agent, then drove it away. Witnesses say one of the hijackers attempted to drive over an OPP officer who had fallen down beside the vehicle.

Albert Douglas, of Ohsweken, who was arrested on a warrant issued last year, made a brief appearance before justice of the peace Janice Jukes yesterday. He was remanded in custody until his bail hearing on Monday.

He stood quietly in the prisoner’s box as the clerk read out the 30 charges he now faces in connection with the June 9 incident and a separate incident at Douglas Creek Estates on April 20, 2006, when he was charged with assaulting police.

The charges include counts of forcible confinement, assault, robbery, attempted murder, theft of a vehicle, theft with violence, theft of a vehicle with violence, dangerous driving, failing to comply with recognizance, leaving the scene of an accident and failing to attend court.

Hamilton Spectator
Sept 28, 2007

A 15-year-old native protester was released on $5,000 bail yesterday for his role in an incident that landed a Caledonia house builder in the hospital with a fractured skull and other serious injuries.

He is charged with assault, break and enter and uttering threats.

Justice of the Peace Janice Jukes expressed concern for public safety after hearing the allegations against the teenager and two other protesters who were alleged to be involved in the attack on 52-year-old Sam Gualtieri at the Stirling Woods building site in Caledonia on Sept. 13.

Gualtieri, who was allegedly attacked with a club, suffered facial injuries, a broken scapula and two fractures to the skull.

He spent five days in hospital, including three days in intensive care at Hamilton General Hospital.

“The accused is a very young person,” Jukes noted before imposing a number of strict bail conditions on the tall lanky teenager, who had also participated in the native occupation of Douglas Creek Estates.

The teenager, who can’t be identified, had surrendered to Haldimand OPP the previous day and was wearing a dark hoodie with a picture of a Mohawk warrior emblazoned on the front as he stood quietly in the prisoner’s box during his bail hearing in Cayuga court.

During the hearing, Crown prosecutor Shane Hickingbottom provided the first detailed police version of the attack, which has been mired in controversy and conflicting stories from the start.

He said the incident started at about 4 p.m. when Gualtieri and three of his workers went to check a house he was building for his daughter and her fiancée.

He was concerned because the site had become the subject of a land claims dispute and he had seen a protester hoisting a Six Nations flag by the house earlier in the day.

Inside the partially constructed building, Hickingbottom said, Gualtieri and his workers were confronted by three young intruders who refused to leave, swore at them and challenged the builder to a fight.

During the ensuing melee, the prosecutor alleged, the 15-year-old put a headlock on one of the workers and applied so much pressure he had difficulty breathing.

He eventually let him go but later allegedly said, “I should have broken your neck while I had the chance.”

Read the full story here