Gary McHale

Gary McHale, 46, owns and operates a website called [http://www.caledoniawakeupcall.com Caledonia Wake Up Call] about the Caledonia Land Dispute.

McHale is a protest organizer, organizing rallies at the site of an ongoing aboriginal occupation in southwestern Ontario. Actions have included the attempted removal in 2006 of aboriginal flags with the aim of replacing them with Canadian flags, an attempt for which he was arrested to Prevent a breach of the peace. [cite web | url=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20061216/caledonia_arrest_061216/20061216?hub=Canada|title=OPP arrest Caledonia protest organizer McHale|publisher=CTV.ca|accessdate=2008-05-18] [cite web | url=http://www.cbc.ca/canada/story/2006/12/16/caledonia-arrests.html|title=Rally organizer arrested at Caledonia occupation site|publisher=CBC News|accessdate=2008-05-18] . He alleged that police ignored aboriginals who broke the law at the site. McHale was never charged for the events on Dec. 16, 2006 but was held in jail overnight and forced to appear in court in Hamilton. In a Hamilton court bail hearing by videotape from Cayuga, the crown attorney, the duty counsel and the justice of the peace all registered surprise that McHale had been held overnight without any official charges made against him. [cite web|url=http://www.canadafreepress.com/2006/cover121706a.htm|title=Gary McHale held in jail with no charges|publisher=Canada Free Press|accessdate=2006-12-17] "We have no jurisdiction against this man," Justice of the Peace Kerry Boone announces on the tape of McHale, flanked by two police officers.

Ontario's top-ranking police officer is being pressured to attend an Ontario Human Rights Commission mediation session over an arrest [McHale & Vandermaas] made near a Six Nations occupation that some say shows the police treat aboriginal and non-aboriginal protesters differently. [cite web|url=http://www.thestar.com/News/Ontario/article/411097|title=Fantino asked to attend rights mediation|publisher=Toronto Star|accessdate=2008-04-17]

McHale's protests have been described as antics in the national media [cite web |url=http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/02/28/john-oakley-on-the-media-antics-of-gary-mchale-and-george-smitherman.aspx|title=John Oakley on the Media Antics of Gary McHale and George Smitherman|publisher=National Post|accessdate=2008-05-18] and OPP Police Commissioner Julian Fantino has stated that the Caledonia protests were "counterproductive". [cite web | url=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20070120/caledonia_protest_071120?s_name=&no_ads=CTV|title=Riot police keep order at Caledonia Protest|publisher-CTV|accessdate=2008-05-19]

On November 8, 2007 OPP Police Commissioner reported to [http://www.thespec.com/News/Local/article/278457 Hamilton Spectator newspaper] that McHale's rallies have cost over a $500,000 dollars to police. According to the newspaper 22 OPP Police officers have launched a $7.2 million dollar lawsuit against McHale for defaming them on his website. 'McHale criticized the OPP officers who stopped him from hanging Canadian flags near the occupied site saying they were violating their oath of office.' [cite web | url=http://www.cd989.com/modules/news/print.php?storyid=8365|title=More Details About the McHale Lawsuit|publisher-CD98.9|accessdate=2007-04-19] The photos of all the 22 police officers were also posted on the site under the heading "OPP: Hang your heads in shame," saying each one of them had violated their oath of office, the statement of claim said. [cite web | url=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20070419/caledonia_organizer_sued_070419?s_name=&no_ads=|title=Officers suing Caledonia protest organizer|publisher-CTV|accessdate=2007-04-19] 'The lawsuit comes as Fantino is being investigated by the province for an e-mail he sent to Caledonia politicians, suggesting they supported McHale's rallies.' Court papers of the lawsuit. [cite web | url=http://www.esnips.com/nsdoc/fc97c591-7465-4b7a-8b36-d8fc3d1bc7f6/?action=forceDL|title=Court Papers of OPP Lawsuit|accessdate=2007-03-13]

Canadian Taxpayers Federation issued a press release stating, "On April 7th Commissioner Fantino sent an email to Caledonia's mayor and council. In it he threatens to hold councilors accountable, to send them the bill for policing, to support law suits and to end policing of the area. Mr. Fantino blames what he considers as support for Gary McHale by Councilor Grice as his reason for the threats." [cite web | url=http://www.taxpayer.com/main/news.php?print_page=1&topic_id=&type_id=&study_id=&speech_id=&news_id=2537&content_id=&oped_id=&id=&petition_id=&contact_id=&about=&id=|title=Fantino Should Apologize or McGuinty Should Fire Him|publisher-Canadian Taxpayers Federation|accessdate=2007-04-17] Other media personalities called upon Fantino to be fired. [cite web | url=http://www.canadafreepress.com/audio/570-fantino.htm|title=Julian Fantino has to go|publisher-Canada Free Press|accessdate=2007-05-02] "I thought it was very inappropriate," Haldimand County Mayor Marie Trainer said, referring to the e-mail. "I took it as threatening." [cite web | url=http://www.canada.com/ottawacitizen/news/story.html?id=9563c954-2897-467e-8cf2-6dd408ad5de9|title=OPP boss sent e-mails that recipients call 'threatening'|publisher-The Ottawa Citizen|accessdate=2007-04-17]

McHale was arrested and charged with conspiracy to commit mischief during a native smoke shop protest which turned violent in December 2007 [cite web|url=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071207/caledonia_arrests_071207?s_name=&no_ads=|title=Charges laid in smoke-shop fight in Caledonia|publisher=CTV|accessdate=2008-05-19] . As part of his bail conditions McHale was barred from Caledonia and banned from communicating with certain individuals. Haldimand County, Ontario mayor Marie Trainer and Haldimand—Norfolk—Brant MPP Toby Barrett both spoke out in his defence saying he was not a violent man [cite web|url=http://www.thestar.com/News/Ontario/article/289004|title=Man fights court order barring him from Caledonia|publisher=Toronto Star|accessdate=2008-05-19] .

McHale’s basic message has been that the OPP (Ontario Provincial Police) ‘two tier policing’ policies that causes officers to stand by and watch as Native Protesters commit crimes against local residents. This message has been echoed by local politicians and residents as they held a convoy to Queen’s Park - the Provincial Capital. [cite web|url=http://www.thespec.com/article/191989|title=Not the end of the line |publisher=Hamilton Spectator|accessdate=2007-05-03]

McHale has now started a campaign of laying criminal charges against Native Protesters when the OPP refuse to do so. He has been successful in laying extortion, mischief and intimidation charges against two key Native Protesters and also won a Judicial Review case against the OPP for their refusal to appear in court when summoned by a subpoena. [cite web|url=http://www.thespec.com/article/191989|title=McHale scores wins in court|publisher=Dunnville Chronicle|accessdate=2007-07-11] McHale is self-represented in court. Even McHale detractors are starting to state, “McHale is filling a vacuum. Although the OPP has been investigating, no charges have resulted.” [cite web|url=http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1109378|title=Private charges|publisher=Brantford Expositor|accessdate=2007-07-11]

CANACE

McHale created [http://www.canace.ca/ CANACE] , Canadian Advocates for Charter Equality.

References

External links

* [http://www.caledoniawakeupcall.com/ Caledonia Wakeup Call]