A Crown attorney has withdrawn a criminal charge recently laid against Ontario Provincial Police Commissioner Julian Fantino.
Milan Rupic, chief counsel of the Justice Prosecutions Unit, said there were no reasonable grounds for conviction during a hearing in a Cayuga, Ont., courtroom this morning.
"In all criminal prosecutions, the Crown is required to review each case to determine whether there is a reasonable prospect of conviction," Mr. Rupic said, reading from a prepared statement.
"If that test is not met, the Crown is duty-bound to withdraw the charge."
Fantino expressed satisfaction today with the charge's withdrawal. "As previously stated, I have the utmost respect for and confidence in the judicial system and am content that this vexatious allegation was dealt with in a just and appropriate manner," Fantino said in a statement.
"I remain proud of the difficult work done by the OPP over the last several years in Caledonia. Our efforts have resulted in a relative calm and minimized potential violence. The results speak for themselves."
Fantino, who was not present for today's proceedings, had faced a charge of attempting to influence municipal officials in relation to a private complaint brought by Gary McHale, a private citizen who has long been an outspoken critic of Fantino over his handling of aboriginal protests in Caledonia, Ont.
In the email, Fantino pledged to recommend that the OPP policing contract with Haldimand County "not be renewed" if it continued to support McHale. The email went on to say that in the event police officers were injured in the course of future protests instigated by McHale, Fantino would send a bill to Halidimand County for the costs of policing, the court heard today.
A copy of the email was also sent to senior OPP officers and the secretary of the provincial Cabinet, as well as the communications director and chief of staff of Dalton McGuinty, the Premier of Ontario.
Mr. Rupic went on to say he is satisfied Fantino's remark about the billing "does not and cannot constitute an offence" under the Criminal Code.
"I say that because it is not an offence if you tell someone that you might send them a bill for services. If a person gets a bill and they do not agree with it, it can become the subject of a complaint or a civil dispute, but that does not make it the proper subject of a criminal proceeding."
McHaile said he will file a fresh judicial review with the courts seeking to have the issue reheard.
“I knew this was going to be a long battle,” McHale said after the hearing.
“The rule of law, democracy, free speech is all under ... Nobody is above the law, that includes Fantino, that includes [Stephen] Harper and it includes the bum on the street.”
"In all criminal prosecutions, the Crown is required to review each case to determine whether there is a reasonable prospect of conviction," Mr. Rupic said, reading from a prepared statement.
"If that test is not met, the Crown is duty-bound to withdraw the charge."
Fantino expressed satisfaction today with the charge's withdrawal. "As previously stated, I have the utmost respect for and confidence in the judicial system and am content that this vexatious allegation was dealt with in a just and appropriate manner," Fantino said in a statement.
"I remain proud of the difficult work done by the OPP over the last several years in Caledonia. Our efforts have resulted in a relative calm and minimized potential violence. The results speak for themselves."
Fantino, who was not present for today's proceedings, had faced a charge of attempting to influence municipal officials in relation to a private complaint brought by Gary McHale, a private citizen who has long been an outspoken critic of Fantino over his handling of aboriginal protests in Caledonia, Ont.
In the email, Fantino pledged to recommend that the OPP policing contract with Haldimand County "not be renewed" if it continued to support McHale. The email went on to say that in the event police officers were injured in the course of future protests instigated by McHale, Fantino would send a bill to Halidimand County for the costs of policing, the court heard today.
A copy of the email was also sent to senior OPP officers and the secretary of the provincial Cabinet, as well as the communications director and chief of staff of Dalton McGuinty, the Premier of Ontario.
Mr. Rupic went on to say he is satisfied Fantino's remark about the billing "does not and cannot constitute an offence" under the Criminal Code.
"I say that because it is not an offence if you tell someone that you might send them a bill for services. If a person gets a bill and they do not agree with it, it can become the subject of a complaint or a civil dispute, but that does not make it the proper subject of a criminal proceeding."
McHaile said he will file a fresh judicial review with the courts seeking to have the issue reheard.
“I knew this was going to be a long battle,” McHale said after the hearing.
“The rule of law, democracy, free speech is all under ... Nobody is above the law, that includes Fantino, that includes [Stephen] Harper and it includes the bum on the street.”
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