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Wednesday, March 17, 2010

McHale brings allegations against two more OPP officers

Source: The Spec
March 16, 2010
Daniel Nolan
Hamilton Spectator
CAYUGA — Activist Gary McHale has brought criminal allegations against two senior Ontario Provincial Police officers whom he claims obstructed justice.


McHale says Justice of the Peace Lillian Ross laid the charge after he appeared before her this morning in Cayuga court.


He argued using e-mails he received from the Crown in disclosure that Deputy Commissioner Chris Lewis and Superintendent Ron Gentle instructed officers to arrest him in connection with a protest surrounding a Highway 6 smoke shop on Dec. 1, 2007, even though they acknowledged there was no evidence a crime had been committed.


He cited one e-mail from Gentle where the superintendent said “We want to ensure” when the OPP arrest and charge a native protester in connection with the incident “we do the same with McHale to eliminate any of the usual issues.”

Natives and non-natives clashed during the protest and a number of people were arrested.


McHale said Crown attorney David King argued the e-mails did not only say to charge McHale, but also when to charge him.

McHale has led a number of rallies to protest what he calls two-tier justice in the policing of the Douglas Creek Estates land claims dispute. He will be speaking at a rally this Sunday in Caledonia.


McHale had previously succeeded in bringing a private charge against OPP Commissioner Julian Fantino for attempting to influence municipal officials to not attend his rallies, but the charge was dropped by the Crown in February after it took over the case.

McHale’s appeal on that move is in court May 13.


A spokesperson for the Ministry of the Attorney General would not comment because documents had not yet been filed with the courts, but said the ministry was aware McHale’s private prosecution was in court.

It can take a day or two before the documents make their way through the system and then are referred to the police service where the accused resides for the serving of a summons.

Spokespeople for the OPP could not be reached for comment.


McHale said Ross issued a summons for the two officers to appear in Cayuga court April 28.


McHale was charged with counselling to commit mischief for alleging telling a protester to block a street with his truck.

dnolan@thespec.com 905-526-3351

Tuesday, March 16, 2010

Demoted police officers return to active duty

Source:IFPRESS
Demoted police officers return to active duty
SARNIA: OPP costing question bigger concern for morale

By SHAWN JEFFORDS, QMI Agency

SARNIA -- The demotion of two Sarnia police officers will have little effect on morale, the chief of police says.

Phil Nelson said the service is turning the page on the "unsavory" incident now that the officers involved have been disciplined.

Constables Patrick Nahmabin and Steven Wyville pled guilty last week to disreputable conduct under the Police Service Act in relation to on Sept. 18, 2008 incident. The pair were arrested after breaking into a Christina Street home in search of Nahmabin's stolen badge.

"It's one thing out of the way we had to deal with," Nelson said. "As unfortunate or as unsavory as it may be, these are situations that have to be dealt with."

The officers are back on active duty but will undergo refresher training before re-joining the service in coming weeks.

Nelson said the ongoing OPP police costing question is a much larger concern for officer morale. The city is awaiting a report detailing how much it would cost for provincial police to replace the municipal force. The document will be released to a local police costing committee on March 29.

"That OPP report is impacting on people here more than anything else," Nelson said. "We're still waiting."

Mayor Mike Bradley, chairperson of the Sarnia Police Services Board, said the RCMP, OPP and municipal services across the country also deal with discipline issues on a regular basis.

Bradley said officers and civilian staff he's spoken to feel that seeking the OPP costing estimate is a slight against their work. Bradley said the costing is not just about dollars and cents, but should be about the work done by Sarnia police.

Sarnia Observer

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