McGuinty's government is watching YOU

by Gary McHale - The Regional

October 21, 2009

Have you written a letter to the Government or filed a complaint against the OPP in the past three years? If so, the Government is watching YOU.

There is little doubt that the Ministry of Aboriginal Affairs, the Ministry of Community Safety (head of the OPP) and the Attorney General's office have been gathering evidence against various people in Caledonia.

Letters that have been sent to various ministries in the Ontario Government are being pooled at the Attorney General's office to be used against people in court. If you filed a police service complaint  then your complaint is ending up at the Attorney General's office. Even in-camera criminal court proceedings are being copied and sent to the Attorney General's office in order to be used against people.

All of this is completely illegal.

In May 2009 lawyers for Commissioner Fantino filed a motion which contained a document from an in-camera criminal proceeding as well as other documents gathered illegally. This is not the first time lawyers from the Attorney General's office representing various OPP officers have used documents illegally.

In our democratic society we place limits on what information the Government can collect and share between departments. The Tax Department cannot legally send a copy of your tax return to another Government agency. The Health Department cannot legally send a copy of your medical records to another Government agency.

All democratic societies place limits on Governments to ensure individual freedoms. By their very nature all Constitutions define, thereby limit, the power of various levels of Government. The Charter of Rights and Freedoms was codified to ensure that Governments have limited authority over individual freedoms.

For these reasons we have a Federal Privacy Act and an Freedom of Information and Protection of Privacy Act. These Acts limit what Governments can collect and share with other departments as well as with the public.

A letter sent by a resident of Caledonia to the Aboriginal Affairs Minister complaining about the situation in Caledonia is private and cannot be collected and used against citizens.

A police complaint filed by any resident is protected under the Ontario Police Services Act and officers cannot share any information regarding these complaints. The Government is not free to collect these complaints and use them against individuals as a way to suppress free speech.

Last week the Crown attempted to pressure a Small Claims Judge in Cayuga to proceed with their motion which contains one of the illegal documents. The Judge adjourned the motion until after a ruling from the Superior Court on an Order of Mandamus I filed to be heard on Nov. 5 regarding the Attorney General illegally collecting and sharing documents.

This Mandamus presents the argument that the Attorney General's office is illegally collecting in-camera documents in direct violation of the Criminal Code. It further states that the crime is repeated when the documents are then given to OPP officers working on Commissioner Fantino's defence of a civil lawsuit. Finally, it states that when the OPP share these documents with civil lawyers to be used in court this is also a criminal act.

The Small Claims Judge pointed out to the Crown that the Superior Court was being asked to rule on what sanctions should be imposed upon the Attorney General for their actions.

Last week in an attempt to cover up their illegal activities the civil side of the Attorney General's office swore out an affidavit claiming the documents came from my website. The affidavit basically states that a clerk in the Attorney General's office 'verily believes' that the documents came from my website because a lawyer in the office told him that he heard from someone else - who he cannot remember who told him.

This is like saying that my cousin told me his friend heard his mother say that her hairdresser said a friend stated they saw Gary McHale commit a crime. Amazing that these lawyers claim to have gone to law school.

The evidence that shows the Attorney General has been illegally collecting and sharing documents is overwhelming. First, many of the documents have the various ministries stamp on them showing which department is sharing the documents.

Second, several pages within the document originated with the court and the individual citizen NEVER receives these pages. This demonstrates that documents are being shared internally within the court system by Crown Attorneys.

Third, and best of all, the original affidavits from the Attorney General's office from a year ago, before they were concerned about being caught, clearly state the documents came from a collection within the Attorney General's office.

Since the very beginning in 2006 the various ministries (Aboriginal Affairs, Community Safety and Attorney General's office) have worked together to appease Native Protesters and silence non-Native people. Their methods include intimidation of Haldimand Council and residents by the OPP, belittling and defaming anyone who speaks out, the threat of lawsuits or illegal arrests against non-Natives and the illegal collection of document to be used against people.

In a democracy the people are the last line of defence against such abuses of power.