March 27, 2009
Crown Attorney David King stood in an Ontario Court of Justice on March 25, 2009 and proclaimed several things to the presiding Justice while refusing to prosecute a charge of Mischief against two Haldimand OPP officers.
#1 there is no reasonable prospect of convicting these officers based on the evidence.
#2 they were simply performing their lawful duty as police officers and keeping the peace by helping to build the fence.
#3 it is not in the best interest of the public to prosecute this case.
Justices of the Peace have no discretion when a trusted official from the office of the Attorney General stands up and asks that a charge be withdrawn, and as such I was not given an opportunity to address the Court (not that it would have made a difference at that stage) but I do have some thoughts.
#1 The evidence is crystal clear. The officers hold the fence when the Natives want them to hold the fence. Their intent would no doubt have been addressed at the trial that the crown doesn’t want them to have, but as I understand it there is no need to prove that they intended to act maliciously at the time, merely that they helped build the fence.
#2 How can they have been performing a lawful duty by aiding in what their commanding officer called “an illegal occupation” shortly before the incident took place? They were not keeping the peace, they were keeping the fence.
#3 How can it not be in the best interest of the public to prosecute mischief but alright to spends hundreds of hours, and countless dollars continuing to try to prosecute Gary McHale for counselling mischief not committed? Surely it’s more in the public interest to ensure that those we trust to uphold the law do not break it than it is to prosecute a private citizen for an alleged suggestion.
I realize that there are those who are hoping that we will simply give up on this case now and allow the Government, and the OPP to have their way, but that is not going to happen and I will gladly explain why.
It has become abundantly clear to me that the Crown stopped trying to represent the best interests of the public a long time ago in anything Caledonia related, and the absurdity of the statements made by Mr. King leaves me no choice but to file a judicial review and attempt to have these charges reinstated.
That the crown can stand up and say with a straight face that it’s not in the best interest of the public to prosecute this crime while it is in the best interest of the public to prosecute Gary McHale for counselling mischief not committed is so absurd and so arrogant that it must be addressed, and the forum for doing so just happens to be the same Superior Court that ordered these charges certified after viewing the evidence in January.
We have already proven that the actions of the Crown, the OPP, and the Natives can not withstand the scrutiny of a Superior Court Judge who doesn’t care about the politics involved, and I have already spent nearly 2 years on this case, so time is not going to make me go away and we (unlike the crown) will not stop until we have exhausted every option to ensure that justice has been served.