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Ontario Provincial Police Commissioner Julian Fantino looks down before he speaks about his 40-years of service in law enforcement in Orillia, Ont., on Friday, Feb. 13, 2009. (THE CANADIAN PRESS/Nathan Denette) OPP Commissioner Julian Fantino speaks to the media regarding his 40-years of service in law enforcement in Orillia, Ont., on Friday, Feb. 13, 2009. (Nathan Denette / THE CANADIAN PRESS)  Gary McHale walks past the courthouse in Cayuga, Ont. on Wednesday, Feb. 3, 2010. (Chris Young / THE CANADIAN PRESS)

Crown drops charge against OPP's Julian Fantino

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Crown prosecutors withdrew charges against top cop Julian Fantino. He was accused of trying to influence officials. John Musselman reports.

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Ontario Provincial Police Commissioner Julian Fantino looks down before he speaks about his 40-years of service in law enforcement in Orillia, Ont., on Friday, Feb. 13, 2009. (THE CANADIAN PRESS/Nathan Denette) OPP Commissioner Julian Fantino speaks to the media regarding his 40-years of service in law enforcement in Orillia, Ont., on Friday, Feb. 13, 2009. (Nathan Denette / THE CANADIAN PRESS)  Gary McHale walks past the courthouse in Cayuga, Ont. on Wednesday, Feb. 3, 2010. (Chris Young / THE CANADIAN PRESS)

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OPP Commissioner Julian Fantino speaks to the media regarding his 40-years of service in law enforcement in Orillia, Ont., on Friday, Feb. 13, 2009. (Nathan Denette / THE CANADIAN PRESS)

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Date: Wed. Feb. 3 2010 11:03 AM ET

The Crown has withdrawn a criminal charge against OPP Commissioner Julian Fantino after deciding that it had no reasonable prospect of conviction.

Fantino had been accused of trying to influence municipal officials in Caledonia, Ont., by allegedly sending an e-mail counseling the mayor and councillors not to attend rallies led by activist Gary McHale.

The top provincial police officer was facing one count of influencing or attempting to influence municipal officials, before the charge was dropped.

Fantino, who has long denied any wrongdoing, issued a press release on Wednesday morning, saying he was satisfied with the Crown's decision.

"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 the 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."

McHale is an activist who has publicly opposed the aboriginal land occupation in the Caledonia area that began nearly four years ago.

He first attempted to bring a charge against Fantino last year, but a justice of the peace who heard his complaint refused to issue a summons or warrant against the commissioner.

However, Superior Court Justice David Crane reviewed the case and later ordered the justice of the peace to issue such an order.

Following the Crown's decision to drop the charge, McHale vowed to press his case forward with the Superior Court.

"I don't see it as a loss. I see it as the justice of the peace overstepped his jurisdiction," McHale said outside court on Wednesday.

"It means I have to file another judicial review. There's no doubt in my mind the Superior Court will overturn what the (justice of the peace) just did today."

McHale currently faces charges of counseling mischief not committed in a separate case where the activist is also representing himself.

With files from The Canadian Press

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