$12M Lawsuit: OPP refused to answer 911 calls

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UPDATED July 06/08

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.

Brown/Chatwell Statement of Claim 
(see also VoC feature, Caledonia Lawsuits)

The claim is nothing less than a shocking indictment of OPP police state tactics and their complete abdication of law enforcement authority in the face of direct interference by the provincial government and native criminals. The actual Statement of Claim is 54 pages long, so we will be releasing excerpts from the document to help readers digest the unbelievable details. In actual fact, long time readers of VoiceofCanada and CaledoniaWakeUpCall will find these excerpts all too believable.

This following excerpts describe allegations that the OPP abdicated their responsibilities by failing to respond to 911 calls by Dave and Dana, even when Dave was being attacked by native thugs.

NOTE: allegations made in the Statement of Claim have not been proven in court.
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[Brown, Chatwell Statement of Claim, page 21 of 54, para 50]

Harm Suffered by Plaintiffs as a result of O.P.P. Inaction and Failed Raid

50. As a result of the O.P.P’s  failure to enforce Justice T. David Marshall’s Orders, the failure to arrest protesters and take possession and control of Douglas Creek Estates, and the breach of the O.P.P.’s duties under s. 42 of the Police Services Act and the Haldimand Police Services Agreement:

a. The Property was the only residence located within the protestor’s blockade which had no access except through the blockades;

b. Brown, Chatwell and Dax were trapped on the Property for serveral days and were unable to leave the Property as Argyle Street South had been blocked by the protestors North and South of the Property;

c. Brown, Chatwell and Dax were subject to the control and authority of the protestors having been told by the O.P.P. that they would not come to the assistance of Brown and Chatwell;

d. The O.P.P. failed or refused to attend at the Property to assist or protect the plaintiffs, even after several calls by the Plaintiffs to 911, the emergency service to which the O.P.P. are required to respond pursuant to their duties under the Police Services Act and Ontario Regulation 3-99 under the Police Services Act;

e. Chatwell had to close her business, Shear Body Sense, which operated out of the lower level at the Premises; and

f. Brown, Chatwell and Dax lived in fear for their personal welfare and safety as well as fear that their Property and personal belongings would be taken from them or destroyed by the protestors and suffered loss of income, mental distress and psychological harm.

51. The Plaintiffs plead that the harm suffered by the Plaintiffs and the conduct to which the Plaintiffs were subjected as described in the preceding paragraphs were foreseeable and within the reasonable contemplation of the O.P.P. Commissioner Boniface, and Inspector Haggith.

[Brown, Chatwell Statement of Claim, page 28 of 54, para 65, from 'False Imprisonment of Plaintiff David Brown by O.P.P.)]

65. Chatwell states that when she saw Brown surrounded by native persons in her own driveway, she attempted to contact the O.P.P. through a 911 call. That service declined to send anyone to assist her and advised that they would call her back. They did not. Chatwell again called 911 and was told not to call again.

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The children on Sixth Line in Caledonia still have no policing 

I would remind readers that residents on the Sixth Line still have no effective police protection, a fact we shared with the media thanks to the help of (now) 15 year old ‘Dancer’ when we took her to Queen’s Park for our FantinoGate news conference. Dancer came to our attention after she produced a brochure for a school project called, ‘Road of Hope’ to explain why she has to take medication and go to counselling after the O.P.P made a deal with the native occupiers and the government not to police her street. Please be sure to read Dancer’s Courage! for more about this amazing young lady.  

References

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