Sunday, February 15, 2009

Haldimand "Toby Barrett's Private Members Bill, Truth about Caledonia Act, 2009"

Toby here - Please find attached a news release titled: “Time to determine the truth about Caledonia”, in which I outline my plans to introduce legislation later this month calling for an inquiry into Haldimand, Brant, Brantford, Six Nations area land disputes.

This call for an inquiry is triggered by and builds on Ken Hewitt’s petition. As I prepare to introduce and debate this call for an inquiry, I ask you the reader for several examples that come to mind suggesting inappropriate interventions or undue influence on our area’s court system, land ownership system, or system of law enforcement.

For example, On March 2nd, 2006, I walked behind the barricades of Hydro One spools at DCE to talk with the handful of occupiers – I watched carpenters leaving, with their tools, but nobody was asking the occupiers to leave. My question – why were police not doing anything? I recall eyewitness reports of a van being thrown from the Haldimand County 6th Line bridge onto provincial Highway 6 – media photos were published of the perpetrators but as yet, to my knowledge, there have been no arrests. Again, why is that?

Toby will be introducing a private Members Bill on Wednesday February 18th, 2009 and needs our support. I would suggest that if you support this to email Toby a short note before Wednesday at; toby.barrett@pc.ola.org

At the same time Gary Mchale from CANACE has announced the following;

Rally at Queens Park: Say NO to Barrett's Political Inquiry. Please read file below for reasons why we are standing against Tobys Inquiry - Rally this Wed at 11 am - if you cannot come then please email us a letter denouncing this Inquiry at;
http://www.caledoniawakeupcall.com/documents/TobyInquiry.pdf

Hello, Toby here,

Please find attached, and below, the final draft of proposed legislation, Truth About Caledonia Act, 2009.

This Private Members Bill calls for an inquiry to

To inquire into and report on allegations of political influence in the court’s administration of justice and the police enforcement of the law with respect to activities in Six Nations, Haldimand County, Brant County and the City of Brantford, and nearby areas;

To determine the truth with respect to the ownership of land within the boundaries of the former Haldimand Tract, and nearby areas;

To make recommendations directed to the prevention of attempts of intimidation and related behaviour in similar circumstances - including recommendations with respect to: i) the improvement of mechanisms to resolve land disputes, (ii) the enhancement of respect for the courts and the rule of law, and (iii) the upholding of land ownership rights in the Province of Ontario; and to grant the commission powers under the Public Inquiries Act.

I plan to introduce the legislation on Wednesday February 18, 2009 – with debate scheduled for March 12th.

Truth About Caledonia Act, 2009
EXPLANATORY NOTE

The Bill requires the Premier to recommend to the Lieutenant Governor in Council that a commission be appointed to inquire into land disputes and other related activities in the former Haldimand Tract and nearby areas.

It is the role of the Commission to inquire into and report on the administration of justice, law enforcement and the ownership of land. It is also the role of the commission to make recommendations directed to the prevention of attempts of intimidation and related behaviour in similar circumstances. The commission is given powers under the Public Inquiries Act. Once the inquiry begins, the commission must make an interim report in six months, and a final report in 12 months.

An Act to provide for a public inquiry to determine the truth about the administration of justice, law enforcement and the ownership of land within the former Haldimand Tract and nearby areas.

Preamble

The occupation of Douglas Creek Estates in Caledonia, which began in February 2006, has resulted in a series of standoffs, and has led to additional land disputes in the rest of the former Haldimand Tract and nearby areas. These events have resulted in violence, injury, fear and intimidation, shutting down development and draining the area economy.

Questions have been raised about why the disorder and associated impacts have been allowed to continue. Allegations have been raised with respect to political influence in the courts’ administration of justice and in the enforcement of the law by the police.

Area residents want to determine the truth about ownership of the various lands in dispute.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Appointment of commission
1. Within 60 days after this Act comes into force, the Premier of Ontario shall recommend to the Lieutenant Governor in Council that a commission be appointed under section 2 of the Public Inquiries Act,

(a) to inquire into and report on allegations of political influence in the administration of justice by the courts and in the enforcement of the law by the police with respect to,

(i) land disputes and other related activities in Haldimand County, Brant County and the City of Brantford, and nearby areas, and

(ii) activities on the Six Nations reserve in the former Haldimand Tract;

(b) to determine the facts with respect to the ownership of land in the areas mentioned in subclause (a) (i); and

(c) to make recommendations directed to the prevention of attempts of intimidation and related behaviour in circumstances similar to those mentioned in subclause (a) (i), including recommendations with respect to,

(i) the improvement of mechanisms to resolve land disputes,

(ii) the enhancement of respect for the courts and the rule of law, and

(iii) the upholding of land ownership rights in the Province of Ontario.

Commission’s term of office
(2) The commission shall hold office until three months after the commission’s final report is submitted to the Lieutenant Governor in Council.

Removal for cause
(3) The commission is removable at any time for cause by the Lieutenant Governor on Council on the address of the Assembly.

Powers of commission
2. Part III of the Public Inquiries Act applies to the commission and to the inquiry.

Timing of inquiry
3. The commission shall begin the inquiry within 60 days after being appointed.

Reports
4. (1) The commission shall submit an interim report to the Lieutenant Governor in Council within six months after the inquiry begins.

Final report
(2) The commission shall submit a final report to the Lieutenant Governor in Council within 12 months after the inquiry begins.

Report to be made public
(3) The commission shall make the final report public within 10 days after submitting it to the Lieutenant Governor in Council.

Time limits may be extended
5. The Lieutenant Governor in Council may extend the time limits for submitting the interim and final reports, and may extend the term of office of the commission.

Commencement
6. This Act comes into force on Royal Assent.

Short title
7. The short title of this Act is the Truth About Caledonia Act, 2009

21 comments:

  1. I'm sorry, we don't need another inquiry. We simply need to enforce existing laws. We need to be treated as equals. It should make no difference what your genetic back ground is. If you break the law, you pay the price. Our police officers are not peace keepers. They are enforcers of the law. As tax payers, we don't need to foot the cost of yet another useless inquiry. As residents of Haldimand County, we don't need more delays and back peddling. We need action using laws already in existence. We're dying here and all that is offered is another tax payer sponsored inquiry. The Ipperwash Inquiry was simply to embarrass Mike Harris. Ask those who still suffer in Ipperwash. Natives need to take their legitimate land claims, if there are any, to Ottawa. Leave innocent communities alone. Stop whining about history, real and imagined. Elizabeth Hutchison

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  2. If people were to "stop whining about history real and imagined" there would be no more talk of the holocaust, no more need for a remembrance day here or a veterans day in the U.S., no Canada Day, no Independence Day, etc. Is this really what you want Elizabeth?

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  3. What a ridiculous holiday this is. Vote for me and I'll give you a day off in February! People are so gullible. I wonder just how much this day will end up costing consumers in the long run. We're not all government employees, teachers and bankers who get paid no matter what! Lots of folks are paid by the hour and need the income from today to pay their bills. Now they've lost a days wages in this already compromised economical environment. Not all families can afford to head for Blue Mountain for a skiing weekend, to Niagara Falls for a fun filled weekend at buffets and the roulette table nor can many families afford to take a few relaxing days at Great Wolf Lodge. Families are now forced to sit in the house (after all it's February in Canada)and the price of gas and all and stare vacuously at the TV or computer and worry about how they're going to handle this lost pay day. Elizabeth Hutchison

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  4. Thanks for this post Donna, I have emailed Toby with my support, something needs to be done for all parties involved! I don't know why this has gone the way of holidays? This has nothing to do with today, it has to do with finding the truth and exposing the improper involvement of all the government levels, starting right here in Haldimand County!

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  5. I understand all the issues that the people in this area need answers to.
    Does the Province stand behind the legal deeds of landowners????
    Does the Province by not enforcing the law in regards to native tresspass, influence the police???
    Does the Province turn a blind eye to race-based policing especially when the police witness crimes being committed????
    These are examples of those unanswered questions.
    However, at Ipperwash, there was only one question to be solved "How did Dudley George die and how to avoid this in future land claim disputes" People this was a narrow margin of investigation and took four years and twenty-six million dollars. Since law enforcement or lack of it that is perceived to be unfair, the question for this Inquiry should be as Ken Hewitt and Dave Brown wrote the petition and for which the signatures were signed. Make it simple.
    Ask the question as directly as possible. I signed the petition because of the discriminatory and detrimental policing policies that were literally carved in stone by the Ipperwash Inquiry recommendations on aboriginal land claim disputes. If policing is at fault here, then the Inquiry should prove that and that alone as the Petition requested.

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  6. McHale is calling for a Rally against Toby Barrett's Inquiry at Queen's Park this Wed claiming it is not what the people wanted when they signed Hewitt's petition.

    http://www.caledoniawakeupcall.com/documents/TobyInquiry.pdf

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  7. And herein lies the root of the problem, too many people want too many solutions to too many issues and nothing gets resolved. This posting started out as a call to support Toby Barrett's inquiry into the Caledonia debacle, led to a poor white woman being mistreated by police and her advice to stop whining about history, then criticism of a new holiday followed by a call to arms by McHale's Army (the navy apparently got washed downriver by the recent flood) to go to Queen's Park and rally against Toby's inquiry!!!!!!!!!! Can anyone really wonder why nothing ever gets resolved??????

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  8. What Toby is doing is not the same as what the petition is asking for. If people would just keep things in perspective maybe more would get done. As far as Mchale in Queens Park on Wednesday it too funny. He is against Tobys private members bill so what? He has signed the petition written by Ken Hewitt and that petition I believe is up to around 7,000, this petition will have more power than a private members bill. When was the last time a private members bill went through? Not easy, and this one will not go through, but what it does is pressure the government and sometimes thats all we can do. Don't stop the pressure. Sign the petition, support Toby.

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  9. Sign the petition. All efforts to put pressure on McGuinty are worthwhile.

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  10. I don't know why there is worry about CANACE, the press are not interested in what they have to say. So what they are against Toby it is their opinions and they have the right. Just don't support it. CANACE would have to have the support of hundreds of people from Caledonia in a very short period of time to have any credibility!

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  11. Doug Fleming has called for a rally at Toby's office for Tuesday morning at 10 am.

    Anyone interested can meet Doug at the Canadian Tire for 8:45 am to car pool over to Toby's office. Doug will leave at 9 am.

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  12. Our suggested wording for Mr. Barrett's Inquiry - http://www.caledoniawakeupcall.com/documents/Truth-CaledoniaAct.pdf


    This Wed. Toby Barrett is going to introduce a Private Members Bill regarding an inquiry into the events in Caledonia.

    The current wording of Mr. Barrett’s Bill does NOT have support of the People of Caledonia, Haldimand or Ontario. The greatest proof of this fact is seen by the way the Regional News (the largest media outlet in Haldimand County) refused to print Mr. Barrett’s call for an Inquiry but they did print a story entitled Please no more POLITICAL inquiries and you can read this story here -
    http://www.caledoniawakeupcall.com/updates/090211regional.html


    The People want a clear inquiry into the illegal actions of the OPP. Our suggestion for a Bill that would have support of the community can be found here -
    http://www.caledoniawakeupcall.com/documents/Truth-CaledoniaAct.pdf


    It is our hope that Mr. Barrett and the PC Party will rewrite their Bill to better reflect the will of the People.

    If not, then on Wed. a group of residents will arrive at Queen’s Park to denounce Mr. Barrett’s Bill..

    Gary McHale

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  13. Since when does the Regional News speak for all of the people of Caledonia, Haldimand and Ontario? They certainly don't speak for me! The Regional News does not necessarily print the "TRUTH" but rather the "TRUTH ACCORDING TO BILL AND CHRIS". Oh yeah I forgot and Gary and Doug.

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  14. When will there be a rally in Caledonia to oust Gary McHale for good from interfering in citizen's matters?

    What exactly does HE NOT want to be the boss of and profit from?
    Him and his little group of sheep are becoming really old news.
    Is there anyone left who he hasn't gone after publicly because they refuse to blindly follow and take orders from him?

    Last I heard, he and his wife don't live in Haldimand and neither do most of his cohorts.

    LaPratte
    Vandermaas
    Parkinson

    It's time for Haldimand to wake up and send a message to this group of troublemakers that they are no longer welcome in their efforts to control, manipulate and intimidate media, residents and politicians in Haldimand for their own financial benefit.

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  15. I guess you include in Gary's sheep the 1800+ votes he received from Caledonia - more votes then what Grice or the Mayor received in Caledonia.

    By the way, not one of the media outlets ran Toby's press release about his inquiry wording. Wonder why the Regional, Sachem, Dunnville Chronicle and Simcoe Reformer all decided not to ran Toby's press release?

    The last time I checked, Hewitt's petition was being signed by anyone in Ontario. Maybe Hewitt and others have finally realized that they need support and help from people outside of Haldimand.

    Haldimand had their time to send a wake up call and they did, McHale received 5000 votes.

    Not bad when you see it is the same few dozen people who claim McHale only has the support of 40 people. I guess these 40 people voted 125 times each.

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  16. "It is time for Haldimand to wake up and send a message to this group of troublemakers, that they are no longer welcome in their efforts to control,manipulate and intimidate media, residents and the politicians in Haldimand for their own financial benefit."
    Quote from above could be said about SN as well.
    If it weren't for Jeff's trial, Ken wouldn't have started the petition for an Inquiry. That trial unleashed Fantino's support letter for Powless.
    Either support or don't. No one genuinely concerned with the issues would take offense at any effort to get this thing done, nor waste time name calling when we all have done something to help rectify this mess.

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  17. Post from above by "Anonymous":

    guess you include in Gary's sheep the 1800+ votes he received from Caledonia - more votes then what Grice or the Mayor received in Caledonia.

    By the way, not one of the media outlets ran Toby's press release about his inquiry wording. Wonder why the Regional, Sachem, Dunnville Chronicle and Simcoe Reformer all decided not to ran Toby's press release?

    The last time I checked, Hewitt's petition was being signed by anyone in Ontario. Maybe Hewitt and others have finally realized that they need support and help from people outside of Haldimand.

    Haldimand had their time to send a wake up call and they did, McHale received 5000 votes.

    Not bad when you see it is the same few dozen people who claim McHale only has the support of 40 people. I guess these 40 people voted 125 times each.

    February 17, 2009 11:48 AM
    _____________

    Craig Grice and Marie Trainer were on the last federal election ballot? I think not.

    Hi Gary...

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  18. Donna;

    This is posted om Mchale's message board. Say it isn't so Donna! I never thought I'd see the day you fell under the spell of McHale.

    so, is it true or a lie?


    "Rumor has it that CANACE, Donna Pitcher, and several prominent Caledonia residents showed up at Toby Barrett's office this morning. Can anyone confirm this?"

    http://www.marchforfreedom.com/smf/index.php?PHPSESSID=8a6ba770bea08018246bca9b7b91c7ad&topic=382.0

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  19. It should be said that there are many red warning flags flying right now in Caledonia regarding the Hewitt/Brown petition, Toby Barrett's private members bill and Gary McHale's involvement in all of the above.

    A lot of questions need to be answered. Tomorrow at Queen's Park in the media gallery will hopefully provide some much needed clarification.

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  20. There is only one question to be answered. Do you support the petition or not. Who cares who started it or who is involved? Why do people have to divide up into groups because they don't like this person or that person? The same thing happened with the Class Action and almost everything else in Caledonia. People refused to get involved or help because they didn't like someone, meanwhile their town has serious problems.

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  21. Thanks for your comments everyone.

    I will respond to one question, then I will be writing a blog about today.

    This was posted on my blog this morning without any any other information. No one that I called seemed to know what was going on, was this in support of Toby or Canace;

    "Doug Fleming has called for a rally at Toby's office for Tuesday morning at 10 am. Anyone interested can meet Doug at the Canadian Tire for 8:45 am to car pool over to Toby's office. Doug will leave at 9 am."

    As most of you know I support Toby's Private Members Bill and I support Ken Hewitt's Petition, so the answer to this question;

    Donna;

    This is posted om Mchale's message board. Say it isn't so Donna! I never thought I'd see the day you fell under the spell of McHale.

    so, is it true or a lie?

    "Rumor has it that CANACE, Donna Pitcher, and several prominent Caledonia residents showed up at Toby Barrett's office this morning. Can anyone confirm this?"

    I have no idea what is posted on Mchales board I don't usually go there, but I can tell you that I will check it out before I write my blog tonight.

    The answer is YES I did go to Simcoe this morning (I have a rule that I don't blog about something unless I am there to witness it first hand, and that is what I went there for to see what was going on) and I was not there supporting Gary Mchale and his Canace Members.

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