CBC.CA
Despite an Ontario Superior Court justice ruling last week that Ontario's top police officer must face allegations he illegally influenced municipal officials, the Ministry of the Attorney General says no further action has yet been taken.
In a decision released last Thursday, an Ontario Superior Court justice ruled provincial police Commissioner Julian Fantino must face allegations brought forward by Gary McHale.
McHale, who led numerous rallies to protest what he has called two-tier justice in the policing of an aboriginal land occupation in Caledonia, Ont., claims Fantino influenced municipal officials in the town when the commissioner sent an email allegedly telling the mayor and councillors not to attend McHale's rallies.
A justice of the peace who heard McHale's complaint refused to issue a summons or warrant for Fantino.
But Superior Court Justice David Crane, who reviewed the case, ordered the justice of the peace to issue such an order in a ruling released Dec. 31.
Brendan Crawley, a spokesman for the attorney general, said Tuesday no further action has been taken since the Superior Court issued its decision.
"As a result, there are currently no charges outstanding in this matter, and no summons has been issued," Crawley said in an email.
"As set out in the order, the court documents need to be returned to the court to have 'process issued' with respect to the charges Mr. McHale is seeking to have privately laid," Crawley said.
OPP 'aware of the court ruling'
A court date will be set once this has occurred, he said. Provincial police are "certainly aware of the court ruling" however they have not received an indication that Fantino has received a summons for any type of charge, Insp. Dave Ross said on Tuesday.
Influencing or attempting to influence an official in municipal activities is an offence under the Criminal Code and a conviction carries a prison term of up to five years.
Lawyer Andrew Bell, who represented the Ontario Ministry of the Attorney General in the case, referred questions to the ministry.
In his decision, Crane wrote that the Fantino email says Haldimand County Mayor Marie Trainer and certain councillors "were not to support the public attendances of Gary McHale in Caledonia, nor to make statements of support of Mr. McHale to the residents of Caledonia."
"I observe on the record in this application there is evidence of influenced behaviour by the mayor and county council in response to the Julian Fantino letter," Crane wrote.
Fantino and McHale have tangled in court in the past.
McHale faces charges of mischief stemming from a protest in 2007.
Fantino testified during a preliminary hearing earlier this year that he told subordinates he would have gladly arrested McHale himself for inciting civil unrest in Caledonia, which is located near Hamilton.
As McHale questioned him on the stand in that case, Fantino said McHale's repeated visits to Caledonia dangerously inflamed the situation and he called him a "lightning rod to the conflict."
