FORMER POLICE OFFICER: Uncertain if Dunlop will appear in court
Cornwall Standard Freeholder
18 January 2010
Posted By Staff
TORONTO — The former Cornwall police officer at the centre of the battle over whether there was a pedophile ring operating in the Cornwall area is appealing the contempt of court convictions that resulted from his refusal to testify at the Cornwall Public Inquiry, the Canadian Press is reporting.
Perry Dunlop served a total of seven months in jail for refusing the summons to testify. According to the CP report, in his appeal, Dunlop, who now lives in Duncan, B.C., said his incarceration amounted to “cruel and unusual punishment.”
The inquiry’s official mandate was to examine institutional responses to historical claims of sexual abuse and Commissioner G. Normand Glaude’s final report was released on Dec. 15. Glaude declined to comment on the whether a pedophile ring did or didn’t exist as it was outside his mandate.
Dunlop, who’s own investigations led to the creation of a larger OPP investigation into the allegations called Project Truth, was called in September 2007 to testify at the inquiry. While he did appear several times, he refused to answer any questions.
He was found guilty of civil contempt in November 2007 and sentenced to six months in jail. He was then found guilty of criminal contempt in March 2008 and sentenced to a further 30 days in jail.
The convictions are a “travesty” that must be overturned, Dunlop writes in documents filed with the Court of Appeal for Ontario.
“I was targeted for cruel and unusual punishment to the point of excessive and prolonged isolated incarceration for speaking out to protect children and expose criminal activity within the justice system,” Dunlop writes.
“I am appealing also on the grounds that the sentences imposed on me were excessive, inhumane and constituted unlawful and illegal imprisonment.”
Dunlop’s appeal is scheduled to be heard today, but he is self-represented and it’s unclear whether he will attend in person. The Crown didn’t notify Dunlop of the hearing date and attempts to reach him over the past week have not been fruitful, according to information in Dunlop’s court file.
If Dunlop attends the appeal will be argued. If not, Dunlop will be contacted and given the choice of either setting a new hearing date or having it proceed in writing.
There are no legal grounds to overturn the contempt findings because Dunlop has not given a lawful excuse for his refusal to testify, lawyers for the inquiry’s commissioner and the Crown write in court documents.
“While Mr. Dunlop may have concerns about giving evidence before the inquiry or doubts about the inquiry’s effectiveness, they do not amount to lawful excuse,” the commissioner’s lawyers write.
“Public inquiries have a long history in Canada and are an important part of our legal and political fabric.”
Dunlop’s lawful excuse was that he was misled. Commission counsel originally told him they couldn’t force him to testify, but later learned they could use an interprovincial summons to compel his testimony.
Dunlop writes he was punished by the court for expressing his opinions, thoughts and beliefs, contrary to the Charter of Rights and Freedoms.
Article ID# 2265124
Comments on this Article.
Did any other witnessed get jailed for not testifying other than with either a phony doctors excuse or otherwise. At least Perry said he had no confidence in the inquiry. Many of the very guilty people that were accused of stuff had a doctors excuse never got punished but hey they are victims right they did nothing wrong.
Reply | Report | Page Top Post #1 By dodger
We need whistleblower legislation created to protect people like Perry Dunlop. People that go beyond what is required of them because they have strong moral and personal beliefs. And last but foremost they are not part of any oldboys network.
Reply | Report | Page Top Post #2 By dodger
Stay the course Perry make us proud.
Reply | Report | Page Top Post #3 By dodger
Good luck Mr.Perry dunlop.
Reply | Report | Page Top Post #4 By luckyred
Many of us have made our own judgements Perry and I for one think your a victim of the system. In my eyes you were the best Cop Cornwall ever had and in my eyes you are a man of integrity. Hold your head high and proud Perry and may you and your family live long and happy lives!
Reply | Report | Page Top Post #5 By nonbeliever
Mr Dunlop has the fortitude to stand up to corruption in the city of Cornwall and expose the priests, lawyers, politicians who were involved in criminal pedophiliac activity. He also exposed the reluctance and protectionism of criminals connected within the police force.
The vindictive sentencing of Mr Dunlop is a further travesty of justice by the criminal justice system.
Long live and prosper Mr Dunlop.
Reply | Report | Page Top Post #6 By Deogie
many of the people who committed these abuses against children are still living in the Cornwall area and are being protected by the politicians, police and Catholic church officials like the Archbishop.
There have been several out of court settlements by the Catholic church here in Cornwall but no convictions – wonder what the bishop has to say about that
Cornwall has been soiled and its citizens shamed because those in “charge”
are protecting those that were in charge.
Mr Dunlop was attacked because he tried to do the right thing and was correct
when he said the inquiry wasn’t there for the truth but to whitewash and protect the guilty.
He courageously did his time for his “supposed crime” and now wants only to
clear his name. He is the hero in this story.
The Catholic church and those protecting the guilty are the zero’s !!!!!!
Reply | Report | Page Top Post #7 By the Coach
Police departments need more cops just like you I hope you win
Reply | Report | Page Top Post #8 By woodland,
Perry Dunop is the same as Judge Guzzo who was going to blow ( no pun intended) this wide open. He even left as a Conservative member to become an independant ( if membory serves me) under Premier Mike Harris but when the time came to testify Dunlop/Guzzo were sitting like the three monkeys–see/speak/hear no evil. When you stand up in the face of adversity then you got the cahones, otherwise your just a bag of wind. They let the victims down.
Reply | Report | Page Top Post #9 By Patrick203
What you are all seem to think is no matter what laws and procedures are in place officials are exempt. That is exactly how all this happened in the first place, special laws for special circumstances.
Yes I think Perry did what was necessary but did he follow all the rules? If not he still has to face the fat lady<p>
Reply | Report | Page Top Post #10 By itinerant,