Friday, January 1, 2010

OPP head Fantino could face charge of threatening public officials

Of course, it's largely meaningless because the Crown can simply end the prosecution by saying there's no reasonable prospect for conviction. Unless the mandamus goes to the Court of Appeal -- and then the case becomes even less likely to be prosecuted:

OPP head Fantino could face charge of threatening public officials

Kenyon Wallace and Matthew Coutts, National Post

Julian Fantino, the Commissioner of the Ontario Provincial Police, must face an accusation that he illegally tried to influence public officials by threatening them, a Criminal Code offence, a court has ruled.

A judge has ordered a justice of the peace to issue a charge against Ontario Provincial Police Commissioner Julian Fantino, after the former Toronto police chief sent an allegedly threatening email to Caledonia politicians

Under Ontario Superior Court Judge David Crane's Dec. 31 order, Commissioner Fantino will face one count of attempting to influence a municipal official in relation to an April 7, 2007 email to Haldimand County's mayor and councillors. In the email, Commissioner Fantino warned the politicians not to support anti-occupation protests. The Comissioner wrote that he would hold the county accountable for any injuries suffered by OPP officers during protests by a group known as "Caledonia Wake Up Call."

...
In August of this year Justice of the Peace David Brown refused to issue a summons to Commissioner Fantino for allegedly violating Section 123 (2) of the Criminal Code of Canada, which states it is an offence to influence or attempt to influence a municipal official in municipal activities by means of threats. In his ruling Justice of the Peace Brown stated "there is absolutely no doubt in my mind that this email was perceived as threatening by the Mayor and by Councillor Grice." He ruled he could not determine whether the threats influenced the politicians acting in their official roles and therefore refused to issue the summons.

However, Ontario Superior Court Judge Crane said in his ruling Thursday that determining whether or not evidence existed that the Mayor and County council were influenced by Commissioner Fantino's letter was not an essential element in deciding whether to issue a summons. He therefore ordered the justice of the peace to sign the charge brought forward by Mr. McHale in a process known as mandamus, a rare order compelling a lower court to perform its duties properly.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

www.jmortonmusings.blogspot.com

2 comments:

Anonymous said...

I can't believe I'm supporting Fantino, but on this one I think he showed good judgment when the lunatic mayor and others could/would not. Caledonia is not simply a story about an innocent town preyed upon by lawless natives and a 'two-tier' justice system. The anti Six Nations feeling there and here in Brantford is palpable, pre-reclamation and after, and the region has more than its share of dangerous, 'power-to-the-colonizer' provocateurs.

Yappa said...

I don't know enough about any complaints against Fantino to form a strong opinion, but I know one thing: over the years there has been a stink about him that's troubling. There have been so many issues going back a long time of a heavy-handedness that is not appropriate for the police. Meanwhile he continues to rise in his career. I would like this litany of allegations to either be cleared up or acted on. There is a poor public perception. We need to have better confidence in the leadership of our police.