Category Archives: Caledonia Class Action lawsuit

Christmas: God’s gift to Haldimand County – by Gary McHale

Gary McHale in hospital after being attacked by Six Nations smokeshack supporters, Dec 01/07The article below was published in Caledonia’s Regional News paper as one of Gary McHale’s weekly columns.  Gary’s example and instruction were key to me eventually deciding to become a Christian. More below… (all photos added by VoC)…

Christmas: God’s gift to Haldimand County

by Gary McHale  (Dec 21/11)

I am quite certain that God’s gift to mankind wasn’t a Turkey, stuffing, cranberries and an iPod (or a stone tablet and a chisel). Even the Charley Brown Christmas show tells us that the gift was God’s son being born in a manger. However, it wouldn’t have been much of a gift if Jesus grew up to be a drunken sailor.

God’s gift includes the life Jesus lived and how Jesus was willing to pay a price in order to show the love of God to all mankind. If Christmas was merely about giving then God could have rained down Turkeys and cranberries until everyone was full.

Christmas is about Jesus being willing to sacrifice himself to bring us the truth. As he stated before Pilate, “the reason I was born and came into the world is to testify to the truth”. This truth caused riots, crowds called for him to be stoned and he was finally crucified. His death is as much a part of Christmas as his birth is. While Jesus doesn’t walk the earth today, he lives on in the hearts of all Christians who are called to be the salt and light of their communities.

For this reason I have, for the past 30 years, wondered what pastors and Christians who lived in the deep South would say when they stand before God and are asked what they did to help their black neighbours, what they did to end racism or what they did to address the injustice that they saw every day. I envision the Christian saying, “I did pray privately and I didn’t engage in any beatings but I was afraid to speak out, I was afraid of what my neighbours would say, would I lose my job, would my family be targeted for hate so I… well… didn’t do much.”

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Caledonia good news catch-up

applause.jpgI had no idea of just how time-consuming the Blue Beret vigil would be when I started it. Not an exaggeration to say that I’ve been going on 3-4 hours sleep per night trying to keep up with all the writing and behind the scenes developments that I can’t talk about, all the while monitoring and reporting on the stunning developments in the Caledonia crisis. Normally I like to cross-post material from the Caledonia Victims Project here on VoC, but while I was covering it in my daily updates to the Blue Beret vigil, I just didn’t have time to re-post.

That was why I was sending out updates on the vigil to my ‘Caledonia list’ and if you were following them you might have gotten a sense of just how related the issues were as the vigil progressed. If not, go back and have a re-read. Or, you can catch up here. :-) 

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ELECTION TOWNHALL MEETING (Haldimand-Norfolk): Delhi Belgian Club, April 14

2011 ELECTION TOWNHALL MEETING

Thursday, April 14th at 7pm
Delhi Belgian Club
360 James Street, Delhi N4B 2B4 [MAP]

Hosted by: Conservatives Against Racism

- Keynote Speakers -

Gary McHale
President, CANACE
Canadian Advocates for Charter Equality
Report on lawlessness and failure of government to help victims of crime

Mark Vandermaas
Founder, Caledonia Victims Project
Report on illegal peacekeeping mission on Canadian soil and failure to honour signed U.N. agreements re the Rule of Law

Doug Fleming
Owner ‘Dougs Smokes’
Report on illegal tobacco and current RCMP stats

IMPORTANT ELECTION ISSUES

Law & Order

Helping Victims of Crime – in particular, the residents of Caledonia

Illegal Tobacco 

Candidates have been invited to attend and to speak to issues

The format of this event will be that we will do a 75 minute presentation, then allow each candidate 6 minutes to say anything they want to the public (of course, we encourage each candidate to speak to the issues raised in our presentation). We will then have a Q&A time. Candidates are encourage to bring their material to hand out. There will be a time for people to meet with the Candidates after the Q&A – event ends at 10 p.m.

- MEDIA CONTACT - 
Gary McHale, info@canace.ca 289.286.0423

Caledonia Class Action lawyer announces $500,000,000 suit vs. province & feds over illegal native smokes

Caledonia lawyer John Findlay, author of the Caledonia Class Action lawsuit which was certified for trial earlier this year has now filed, on behalf of tobacco growers, statements of claim against both the federal and provincial governments seeking $500,000,000 in damages due to their collective failure to enforce tobacco laws against illegal native cigarettes.

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Mr. Findlay issued the following news release advising that he will be holding a news conference in the Queen’s Park Media Studio today at 12:15:

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FINDLAY McCARTHY LLP
Barristers & Solicitors

NEWS RELEASE

FOR IMMEDIATE RELEASE

 November 1, 2010

BURLINGTON -  Findlay McCarthy LLP and McDonald/Ross will hold a press conference at the Queen’s Park media room at 12:15 pm to announce that, on October 29, 2010, they commenced a class proceeding in the Federal Court of Canada on behalf of tobacco producers who have suffered financial losses [as] a result of the failure on the part of the Canadian government to enforce the provisions of the Excise Act, 2001 and the Excise Tax Act which regulates the production and taxation of tobacco products.

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Sun reporter equates opposition of Caledonia ‘apartheid’ to anti-Israeli activities

If one wants to know why the public is turning their back on traditional media, one needs to look no further than SunMedia reporter Jonathan Jenkins’ article about the Legislature’s unanimous condemnation of the use of the word ‘apartheid’ in connection with anti-Israel campus activities.

Here are the final three paras from the London Free Press version of the article which can also be found on the Toronto Sun website (bolded passages by VoC):

But [MPP Peter] Shurman’s objection to the use of the word apartheid did not extend to condemning those who would use it in the context of the aboriginal land claim in Caledonia, which has led to a bitter standoff and the occupation of the Douglas Creek Estates.

Activist Gary McHale has used the term in his efforts to evict the native protesters from the land but Shurman said he saw nothing similar in the usage.

“For a variety of reasons, it’s not really comparable,” Shurman said.

London Free Press, Feb 26/10: House condemns campus use of ‘apartheid’ [PDF]

Toronto Sun, Feb 25/10: Bad word banned [PDF]

There are two issues here: first, Jenkins’ distortion of the truth and second, his apparent attempt to equate McHale’s activities to those of anti-Israel radicals. I sent the letter below to the editor of the London Free Press today in order to address issue #1: 

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Feb 26/10

SUBJECT: ‘House condemns campus use of ‘apartheid’

I have read various laments from LFP contributors and editors regarding the move by readers away from so-called ‘mainstream media.’ The article, ‘House condemns campus use of ‘apartheid’ is a perfect example of why this move may be occurring. Reporter Jonathan Jenkins asserts that, “Activist Gary McHale has used the term [apartheid] in his efforts to evict the native protesters” from Caledonia’s Douglas Creek Estates (DCE). Mr. McHale subsequently contacted Mr. Jenkins who told him he read this in an article on a website belonging to Mr. McHale’s organization Canadian Advocates for Charter Equality (CANACE).

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Superior Court Justice Crane certifies Caledonia Class Action lawsuit

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The Caledonia Class Action lawsuit has passed the last major hurdle that ensures it will go to trial. Justice Crane of the Superior Court today certified the action and released the reasons for his ruling.

According to the ruling, notice of the certification must be posted – at the Defendant’s expense – in the Globe and Mail; Hamilton Spectator; Regional News; Grand River Sachem; Simcoe Reformer; and posted on the www.caledoniaclassaction.com website; on the Caledonia Regional Chamber of Commerce website at www.caledonia-ontario.com; Haldimand County website at www.haldimandcounty.ca; on the website of the Ontario Secretariat of Aboriginal Affairs at www.aboriginalaffairs.osaa.gov.on.ca; and – best of all – on the website of the Ontario Provincial Police at www.opp.ca.

The enemy is now encircled

Certification means that the Ontario government and the OPP’s racial policing policies have now been caught in an encircling attack by civil litigation, criminal prosecutions, critical scrutiny by both media and members of the PC Party in the Legislature.

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National Post: McGuinty gov’t ‘deserves stern rebuke from highest court available’

friends-of-np-large-banner.jpgThe National Post editorial board has issued a notable commentary on the Brown-Chatwell settlement and the cowardice of the McGuinty government in refusing to enforce the law:

The government cannot decline to enforce the law and protect its citizens simply because it might anger a certain segment of society or create an uncomfortable political situation. (…) Men and women who lack the stomach to enforce the law, always and equitably, have no business holding public office. That’s the real lesson of Caledonia.

National Post editorial board, Jan 02/09: It’s simple, really. Enforce the law.  PDF  REPRINT

Their editorial captures the essence of the government’s nearly criminal indifference to the suffering of non-native victims in Caledonia.

I would – as always - like to remind readers that native people have also been victimized by OPP racial policing:

“A most unsatisfying outcome”

The Post rightly observes that while they understand why both Brown and Chatwell, and the Ontario government decided to settle the agreement does have some drawbacks: 

For society at large, however, this [settlement agreement] is a most unsatisfying outcome. The Liberal government has never been able to argue coherently, in or out of court, against Mr. Brown’s and Ms. Chatwell’s basic version of events: that their family and home were abandoned to the caprices of often-intimidating protesters whose appalling conduct the police refused to … well, to police. This shocking abdication of the government’s most basic responsibilities deserves a stern rebuke from the highest court available: The government cannot decline to enforce the law and protect its citizens simply because it might anger a certain segment of society or create an uncomfortable political situation.

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Brantford takes a stand for democracy in Canada against native threats!

UPDATED 1100 EST June 03/08

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Brantford and democracy wins big! Yesterday, June 02/08, the judge granted the injunction to the City of Brantford, ordering that there be no more blockades, threats, intimidation, work stoppages. See, ‘Big win for Brantford and for Canada!
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Yesterday, the lawyer for Brantford responded forcefully to a threat against Canada and the rule of law from Ovide Mercredi, former National Chief of the Assembly of First Nations, that was – unbelievably – actually read out loud in a Brantford courtroom on Friday:  

The man who was the National Chief of the Assembly of First Nations for most of the 1990s had some dire words of warning for Brantford. Ovide Mercredi filed an affidavit from Winnipeg as part of the defence against Brantford’s request for an injunction against native protesters.

“If an injunction is issued in Brantford in these circumstances, I have grave doubts that the peace will hold. Moreover, I think it is important for the court to understand that organized groups, institutions and leaders with aboriginal nations will not … have the authority to control the actions of the individual members of their communities.

“An injunction employed to restrain the exercise and assertion of aboriginal rights not only threatens the public peace and safety but fundamentally undermines the rule of law.”

Brantford Expositor, May 31/08: Former First Nations chief issues warning to city [REPRINT] [PDF]

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Lawyer John Findlay blasts Caledonia’s “real interlopers”

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UPDATE 1222 EST Feb 03/07: Don’t miss the latest installment in the National Post’s ‘Rethinking the Reserve’ series, ‘Problems of governance‘ in which the myth that Canada is at fault for the misery of natives living on reserves is utterly destroyed, once and for all.
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In ‘National Post takes the blinders off MSM,’ Jeff Parkinson and I gave some well-deserved recognition to the Post for taking a strong stand against landclaim lawlessness and political cowardice with their recent editorials and series, Rethinking the Reserve.

Today, we must recognize a true, unsung Caledonia hero for his continual efforts to hold the government accountable for their miserable failures in the face of outrageous aggression by native criminals: lawyer, John Findlay.

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VoC’s predictions for 2008

UPDATED 1907 EST Dec 04/07

t-shirt_free-caledonia-now_sep22-07.jpgBefore we get to VoC’s predictions for the new year, let’s catch up on some notable developments that occurred during the Christmas holidays:

1. Correction: VoC reported that the charges against Doug Fleming (Mischief) arising from the events of Dec 01/07 had been dropped. In fact, the Crown did withdraw the original charge due to a technical error, but replaced it with a new one. VoC regrets the error. Doug is scheduled to appear in court on Jan 23/08.

2. In mid-December, VoC was accused of defaming Six Nations nurse Timothy Sywyk with a false allegation that he had sexually abused a patient. On Dec 28/07 VoC obtained evidence directly from the College of Nurses to support the allegations. See CNO confirms Six Nations RN disciplined for past patient abuse.

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