McHale scores a major victory for democracy

Posted: July 3, 2009 in Caledonia, CANACE, Gary McHale, Headlines, Jeff's Blogs

July 2, 2009

Much will be written about the technical details of the Order of Mandamus that Gary McHale won in Cayuga Court today, but having had the pleasure of being there to witness history and having won my own in January of 2009, I want to share some of the implications of what our rulings mean when put together.

CANACE co-founders Gary McHale & Jeff Parkinson creating case law on private prosecution in Canada

CANACE co-founders Gary Mchale & Jeff Parkinson creating case law on private prosecution in Canada

Each made legal history and quite literally created case law that Canadians will be using in court forever, but they also have a very direct impact on the way the corrupted crown operates when dealing with private prosecution and CANACE right now. They have been attempting to obstruct our path to resolving the lawlessness in Haldimand County for years, but their ability to do so is beginning to deteriorate in the face of something they had perhaps forgotten about: The law.  We have long held that the tactics of the crown would not be able to hold up to scrutiny by a Judge and have proven it with 3 precedent setting rulings in the past 7 months.

When we discovered that we could prosecute criminals ourselves, the crown developed several strategies to stop us from seeking justice, and one by one we have been tearing them down. When I laid charges privately against 2 OPP officers for aiding Natives in building an illegal barricade in Hagersville, the crown sent their regional director to interfere and by using a combination of attacks on my character and a bunch of smoke & mirror tactics involving irrelevant facts etc.

The justice that day failed to certify the charge because she was taken in by the tactics of John Pearson who used his position of authority to persuade her that she should not proceed although I had met the criteria for laying the charge. I filed for and was granted an Order of Mandamus which resulted in the officers being charged. The crown will not be able to use this tactic again.

Their second strategy was to send John Pearson to withdraw charges that Gary McHale was presenting against senior government officials before a Justice had the chance to hear the evidence. Mr. McHale filed for an Order of Mandamus of his own seeking a ruling that the crown had overstepped their authority, and that is precisely the ruling that was granted to him today.

In his ruling, the Honourable Justice T David Marshall said “there has been an excess of jurisdiction on the part of the justice of the peace and the crown attorney”

I highly recommend reading this precedent setting ruling in its entirety.

This was a powerful ruling in which Judge Marshall actually quoted Alexander Hamilton (one of the founding fathers of democracy!) and the Federalist Papers. His honour felt this case important enough to go all the way back to the foundation of democracy itself in his ruling.

[46] Indeed, Alexander Hamilton wrote in The Federalist Papers at page 78: “Considerate men…ought to prize whatever will tend to…fortify that temper in the courts (independence); as no one can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer today.”

The third strategy of the crown is to stay any charge laid by a CANACE founder regardless of its merit at the first appearance of the accused. John Pearson did it when I charged Buck Sloat with assault, and when Gary charged Floyd and Ruby Montour with Mischief, Intimidation, and Extortion. When I charged the two officers with Mischief, someone new (David King) showed up instead of Pearson but the tactic was exactly the same. Shut down efforts to prosecute crimes if the complainant is from CANACE.

As a result of today’s ruling, people in high places who can not be named at this time are going to find themselves facing criminal charges, and before we’re done the lawyers who break the rules to cover for those in power who are truly responsible for the continued lawlessness which is spreading across Ontario like a disease will face charges as well.

Two of the three tactics that the crown has been using to battle us have now proven unable to withstand scrutiny from a judge, and I would suggest that it’s just a matter of time before the third falls as well.

Much as we have not faltered in the face of Terrorists who have made threats on our lives, we will not falter in the face of bureaucrats who burn through your tax dollars in what will prove a futile effort to stop us from holding accountable those who have used their power to ensure that race based policing remains the daily norm for Caledonia, Deseronto, Brantford, and anywhere else that Native thugs decide to scream land claim.

Congratulations are certainly in order for Gary McHale who managed to do today what very few lawyers ever accomplish in their careers. The case of McHale v. R. will change the face of private prosecution in this country for generations to come, and has brought us all one step closer to the day when we will truly all be equal under the law.

Jeff Parkinson

Also see the excellent Voice of Canada article on this in which Mark Vandermaas scored some comments from the man of the hour on his hard fought ruling.

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