Monday, May 9, 2011

>>> Otavnik Vs Sinclair SC 09-00082782-0000 (Part VII)

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~ Formerly S8871/08 (Otavnik Vs Sinclair and Kinsman Robinson Galleries)
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RITCHIE R. SINCLAIR'S RECORD OF ARREST FOR CRIMINAL HARASSMENT OF MR. JOSEPH McLEOD (a key witness)
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COURT DECISION rendered Jan. 11, 2011, in Toronto, Ontario
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"RECORD & SUPPLEMENTARY RECORD OF ARREST"
C.E. #: 2310342-1; Arrest #: 1750797 /Click on image for .PDF document/
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>>> The following article is an addendum for the previously posted article titled 'Jail or Bail' for Ritchie Sinclair a.k.a. Stardreamer? published on January 7th, 2011. This content is of Ritchie R. Sinclair's SUPPLEMENTARY RECORD OF ARREST. This occurrence was filed on December 18th, 2010 by Officer Eustace (Badge No. 6425) of Toronto Police Service Department - 53 Division (click on image above):

SYNOPSIS FOR A GUILTY PLEA:

CHARGE: CRIMINAL HARASSMENT C.C 264 (1), (2) (b)
DATE/TIME: BETWEEN SEPTEMBER 3, 2010 - DECEMBER 18, 2010
LOCATION: 118 SCOLLARD STREET TORONTO
VICTIM: JOSEPH McLEOD ( 81 YRS )

HISTORY:

The victim operates an art gallery focusing on the work of Native Artists, some time ago the victim was called as a witness in a civil matter between the accused and the owner of a painting by the name of Joseph Otavnik.

The case involved the accused claiming the painting to be false, whereas the victim in this matter testified that the painting was authentic.

This civil case is still before the courts however since the time the victim testified, the accused began a campaign of harassment towards him, which included bursting into the victim's art gallery shouting verbal threats such as "I'm going to take you down", . " I'm going to shut down the Morrisseau market", ." I'm going to ruin you".

The accused appeared on the gallery's veranda setting off alarms in the middle of the night and approaching the victim on the street shouting at the victim in a threatening manner.

The victim finally contacted police on Sept 2nd 2010 (Occurrence #3483703) to report the harassment.

Police contacted the accused on this date at which time officer Miller #65724 of the Toronto Police Service verbally cautioned the accused to have no further contact with the victim outside the confines of the ongoing civil court matter.

CURRENT:

The victim reports that since the accused was cautioned by police on Sept 3rd, 2010 to have no further contact with the victim, the accused before the court has confronted the accused approximately six times on the street, accosting him verbally in a threatening manner.

On Friday December 17th, 2010 at approximately 1430hrs, the accused approached the victim once again on Scollard Street outside of the victim's art gallery.

The accused jumped out of a parked car and began shouting at the victim and lunging at him with papers and taking his picture with a cell phone.

The victim managed to get inside the gallery with the accused attempting to follow however he was stopped by the victim's daughter who was present during the incident.

The accused dropped the papers on the ground, returned to his car and left the scene.

On Saturday December the 18th, 2010 the victim once again called police to report the continued harassment. Police made contact with the accused at which time the accused agreed to attend the police station.

On Saturday December 18th, 2010 at approximately 2205hrs the accused arrived at 53 Division where he was arrested for Criminal Harassment and charged accordingly.


ADDITIONAL NOTES: Read the following to learn more about an individual who single-handedly caused the greatest harm to the Norval Morrisseau Art Market and whose name is infamously connected with the Legacy of Norval Morrisseau:

* To read a letter which Ritchie R. Sinclair directed to the Canadian Prime Minister Stephen Harper spreading disinformation and propaganda concerning 'thousands of fake Morrisseau's in the market' which never existed click HERE.

* To read about Ritchie R. Sinclair's attempt to defame the character of Mr. Robert Lavack, who was a World War II veteran & Norval Morrisseau's friend, click HERE & HERE;

* To read about Ritchie R. Sinclair's incompetent jelaous behaviour towards Norval Morrisseau's body of work click HERE,

* To read an instance when Norval Morrisseau expressed his dissatisfaction with Ritchie R. Sinclair click HERE &

* To read about Ritchie R. Sinclair's contradictory and disrespectful behaviour towards Ugo Matulić a.k.a. Spirit Walker, Blog Master of the NORVAL MORRISSEAU BLOG click HERE.


BLOG MASTER'S COMMENTS: It is hard to explain why Ritchie R. Sinclair was supported by Donald C. Robinson of Kinsman Robinson Galleries in this court case Otavnik Vs Sinclair SC 09-00082782-0000 considering the following:

>>> A while ago John MacGregor Newman, associate director of Kinsman Robinson Galleries (KRG) interviewed Ritchie R. Sinclair and three excerpts from that interview had been presented at genuinemorrisseau.blogspot.com and since then they have been deleted by the KRG blog editors.-

The interview excerpts were posted as follows:
- 'In conversation with Ritchie Sinclair' on 09/06/2008 (click HERE for screen capture of the post and all pertaining comments),
- 'Questionable works' on 10/14/2008 (click HERE for screen capture of the post and all pertaining comments) &
- 'Apprenticeship v. fraud (revisited)' on 10/28/2008 (click HERE for screen capture of the post and all pertaining comments).
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Note: These interview excerpts could still be viewed in the 'Video Gallery' of Ritchie R. Sinclair's website at www.morrisseau.com/browseVideo.php.
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The main reason for this action on behalf of the Kinsman Robinson Galleries can be found in the posting 'Changing Faces of Ritchie "Stardreamer" Sinclair (Part VII)' exposing Ritchie R. Sinclair for posting five paintings by Norval Morrisseau as 'Inferior Counterfeit Morrisseau's'. One of them being part of the Collection of the National Museum of the American Indian (NMAI). These five paintings were from the text book "Norval Morrisseau: Travels to the House of Invention" (1997). Which was copyrighted by Norval Morrisseau and Kinsman Robinson Galleries themselves. KRG has unknowingly sponsored this individual to their detriment.

I was quite surprised when I saw the post titled "Memorable moments with Norval" (04/04/2009) from the KRG blog. Where it was shown that in September 1997, Norval Morrisseau made a trip to the Kinsman Robinson Galleries to attend a book launch for "Norval Morrisseau: Travels to the House of Invention" (1997). Where he met, together with Gabor M. Vadas, Ritchie R. Sinclair and even had a supper with Donald C. Robinson's family. (click HERE to view unedited version of the "Memorable moments with Norval" and corresponding comments including a comment of Ritchie R. Sinclair which has also been deleted by the KRG blog editors).

Also, no traces referring to Ritchie R. Sinclair could be found on the KRG blog archive anymore!?

However, Donald C. Robinson compiled for Ritchie R. Sinclair a so-called "Expert Report" which was submitted to the court, entitled "Examination into the Authenticity of an Alleged 1970's Morrisseau Painting."

Donald C. Robinson in this report recognized Ritchie R. Sinclair for his efforts to identify Norval Morrisseau's true artistic legacy. He also acknowledged "Bryant Ross, Coghlan Art Gallery & Studio, Aldergrove, B.C. and Dr. Jonathan Browne, Ottawa, for their willingness to go on the record and speak out publicly about the proliferation of Morrisseau fakes. Both Bryant Ross, and Dr. Browne through his website "www.morrisseaubuyersbeware.com" warned and educated an unsuspecting public" and he "recognized and applauded all the volunteer members of the Norval Morrisseau Heritage Society" (see page 74).

He states in his 'Preface' (see page 2) that he is "not receiving any monetary or other compensation from the defendant". Since the report is 74 pages long, with an additional 39 pages in the Appendix, he obviously spent several weeks of his valuable time compiling this report for a person whose defamatory actions he no longer publicly endorses on his Kinsman Robinson corporate website. His report contains many unverified claims, and no forensic analysis was done.

Under questioning by Mr. Otavnik, Mr. Robinson admitted, without reservation, (transcripts pages 152-153) that in analysing Mr. Otavnik’s painting, he had not done paint analysis (to assess age), that he “didn’t do any scientific tests” at all, and that he had no education or qualifications in handwriting analysis, saying “I am not a handwriting analysis expert.” Yet he called the Morrisseau signature fake too.

He agreed the report was only his opinion and implied that he didn’t need science to be allowed to hold any opinion he wished. This reduces his expertise to the same level as Ritchie Sinclair, demanding, as a right, to make wildly opinionated charges with no scientific evidence to back them up.

One wonders why a prominent art gallery owner like Mr. Robinson would possibly spend several weeks compiling a report for Ritchie R. Sinclair, a person whose work he does not publicly endorses, and an artist whom he chooses not to represent in his gallery?

As noted in this post Ritchie R. Sinclair criminally harassed key witness in this court case, Mr. Joseph McLeod of Maslak McLeod Gallery, who happens to be a main Kinsman Robinson Gallery's competiotor in sales of Norval Morrisseau's artwork.

 ~ click HERE for aditional information and/or click HERE to read about incident at Kinsman Robinson Galleries involving American art collectors and artwok from Maslak McLeod Gallery... 

Both, Donald C. Robinson and Mr. Joseph McLeod are considered experts in Norval Morrisseau's artwork and they testified in the most significant court case involving art of Norval Morrisseau: Zelinski, Whent, Pustina v. The Queen, (No. 92-424); click HERE.

NOTES: After the post 'Changing Faces of Ritchie "Stardreamer" Sinclair (Part VII)'.  It was exposed that Ritchie R. Sinclair labeled several of Norval Morrisseau's paintings as "Inferior Counterfeit Morrisseaus"! Ritchie R. Sinclair tried to post the folowing comment on this platform which I refused to publish:
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"Shouldn't the fact that in my opinion these paintings are fakes and yet I've taken them out of KRG's book tell you something Ugo?
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-I'm on Norval's side...unlike others money has not clouded my judgement...Why not?
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>>> Because I am an artist >>> The one Morrisseau chose >>> none of you are painters (with the exception of his forger sons) and none of you spent years painting right beside the master.
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I've been very patient with you Ugo because I thought you were worth the trouble.
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>>>>> Those days are now over >>>
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You have 24 Hours to take down your defamatory statements about me. Alternatively I will have your site taken down and sue you for defamation.
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If you think I'm not serious ask your friends how they like dealing with the Canadian Court system and if Ritchie is up to the challenge.
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Ritchie R. Sinclair threatened to sue me for defamation because I exposed his dishonest & disrespectful behaviour. Isn't it ironic & sad... don't you think???

~ Click HERE to view the screen capture of this comment Ritchie R. Sinclair wanted to publish...

>>> Ritchie R. Sinclair has never sued me for defamation.

His accusations would not hold up in a court of law.

For a detailed explanation of the defamation laws of the province of Ontario click HERE to read 'THE LAW OF DEFAMATION' article. The law states: "Truth is a complete defence. Malice does not negate this defence. For the defence to succeed, however, the words must be true in substance and in fact and according to their natural and ordinary meaning."
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ALL THE INFORMATION PRESENTED ON THE NORVAL MORRISSEAU BLOG FROM ITS INCEPTION IS BASED ON DATA COLLECTED FROM THE PUBLIC DOMAIN AND OTHER VERIFIABLE SOURCES.

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>>> Reference posts:

18 comments:

Robert Lavack said...

Hi Spirit Walker,

I can't understand Ritchie Sinclair's behaviour of ranting in public against Mr. Joseph McLeod. But then I had a little taste of his libellous behaviour. It is clear that he and his ilk will use any means and utilise misinformation to harass people who don't agree with them.

As you are aware, I don't fully agree with the remarks about Gabor Vadas. He and Michele took care of Norval for many years and were instrumental in extending his life span way beyond that expected. That is a personal opinion and one that doesn't deny any other. I somehow feel that Norval's family and Norval himself rejected each other.

I must admit that without your excellent research and general perseverance the Morrisseau Story would have not been told in its true form. The abuse you had to suffer for this amazes me and the fact that you continued on this task is commendable. So keep up the good work and try to be more forgiving to the Vadas family. I'm sure Norval would want that.

Robert Lavack,
Prague, Czech Republic

karl burrows said...

I agree with Mr Lavack.

Anonymous said...

It's too bad that Ritchie can't make up his mind. Real or not real? Im also surprised that someone like Kinsman Robinson Galleries would want to be associated with Ritchie since they are such a "reputable gallery". I will use that term losely.

Thank you Spirit Walker for honouring Norval and his works. The writing is on the wall and has been for along time. Hold your head high. KRG has alot of sheep following right now that dont form their own opinions but rather are brainwashed into what KRG wants them to believe so they can contain the market.

The truth is there are 1000's of original Morrisseau paintings out there for sale at really good prices.

I find it funny that KRG and Gabe state that Norval never used the dry brush technique yet KRG sold a painting of Norvals' at aution that was drybrushed.

Silent Watcher

Anonymous said...

It appears that the expertise of Stardreamer is the 'dreamer' part of his name. With all the proof and research your blog has presented, I feel sad it exposed fraudulent action on the part of Mr. Sinclair.

Whether this was an error he sought to correct, or something driven by gain will be hard to assess. As a Morrisseau collector I have been watching all blogs related to this artist and was rather confused by the in fighting that was initiated from a number of blogs against the SW blog since its inception.

But time saw the this blog produce excellent researched material that was worthy of the highest academic honor. With Elizabeth McLuhan committed to cataloging Morrisseau art, I hope she pays attention to the blogs honoring the artist, & some individuals, that can assist her in the monumental task that has been thrust upon her. Keep up the good work SW and don't waver in the face of any pressures to make you desist in your research and truth seeking efforts. A lot of my associates watch your blog and, like myself, wish you well.

Martin

Anonymous said...

The plot thickens! Reading your blog gives people like me an insight into the shady happenings of the art world. My family looks forward to reading your blog and the revelations that must have taken considerable time to uncover. I'm sure that many readers like myself hope you will not tire in your quest for justice and the guilty will be judged accordingly.

Anonymous said...

Thank you Spirit Walker for enlightening people like me about the wonderful legacy our native people have created for our multicultural Canada. I am sad that some blogs and individuals view your contributions in a negative manner and do all they can to discredit you and your dedicated work. Some even beyond that in a disgusting manner. Your readers are many and your rating is high. Ignore those whose remarks are formed in envy because they only follow the lower route that is obvious in their blogs and threats. You are doing a good job and your readers appreciate your continuing high standard of presentation.

Anonymous said...

Mistakes can be made, but to repeat these time and time again needs to be explained. It's hard to understand Mr Sinclairs' motive or the apparent support he received from Mr Robinson. They must have been convinced and check with other 'experts'to arrive at their conclusions. Is there any chance of hearing how they arrived at their fake decisions? Your blog is about the only one that might be arrange this. I wouldn't like to see such a critical subject aired on other blogs that attack yours in a rather distasteful manner.

Serious Collector

Anonymous said...

In regards to the last comment, my hypothesis is this....Don Robinson and Co. [Gabe, Coghlan Art, etc.] knew that Norval was very busy painting in the 70's and that the work he did was at it's peak in quality as well as numbers of pieces. They handled him from the mid to late 80's when the pieces came slower and didn’t have the same feel as the 70's work. In order to sell these pieces, which they acquired from Norval, they started to discredit the works to make the 80's and 90's seem like the only viable option to make themselves the money. I think in hindsight he has hurt the entire market when he, or they, tried to corner the market. He definitely has some explaining to do and I for one can’t wait.

Anonymous said...

Spirit Walker,
You no longer have to provide evidence to the falsities that Ritchie Sinclair has been spreading because you have already proven your point. He was a dim-witted surrogate making those statements on behalf of others. Thank you.

Anonymous said...

You have proven without a doubt that the supposed "Morrisseau experts" are in fact self-serving fraudsters. Clearly these "experts" are calling legitimate Morrisseau works counterfeits or fakes. They should look in the mirror and question their own legitimacy. Spiritwalker, thank you for fighting for Norval Morrisseau's legacy!

Anonymous said...

What a shameful, classless bunch of baffoons. What a low-life stunt. Thousands of paintings bypassed galleries throughout NM's life. These people talk about provenance but there is no such thing as true provenance for thousands of paintings in the public domain.

Why don't you (Bryant Ross & friends)state the fact that NM painted thousands of paintings and objects that bypassed your greedy hands and went directly to private collectors. You simply keep saying that only paintings with provenance are legitimate. You know this is total B.S.

Collectors will agree that there are fakes or attributions out there, however, to smear every painting that you didn't see ot toch is pure stupidity.

If you really want to honour the legacy of N.M. and put an end to this never-ending fight, stop your self-serving diatribe and meet fact to face with the thousands of collectors that own these works.

JF

Anonymous said...

Again, the truth at large is full of magic. your seemingly exhaustible source of information makes the plot both thicker and clearer. Now that you and MM have clearly and altruistically exposed this maddness, you can rest assured that everything and everyone shall follow suit. Kudos

Anonymous said...

I think you have done much to add credibility to so many Morriseau paintings that have been falsely called "forgeries" and "fakes". The photographs from Nimkee Gallery and others from discredited National Galleries across Canada confirm that greed is the motive of certain galleries and their pawns. Your point is well made. Congratulations on the fact that in three years, you have taught us more about Morrisseau and other First Nation artists than many of the galleries who have purported to represent Norval Morrisseau have taught us in decades. Thank you.

JF

Anonymous said...

I could not agree more with any of these comments on this blog. If Robinson Gallery were supposed to be experts on Morrisseau paintings even back in '99 why did they purchase paintings they thought were fakes?

JAI

Anonymous said...

What can I write to better the accolades you have already received since you started the fantastic research on Morrisseau and other native artists. Your persistence on collating the facts in the face of opposition from other blogs is to be admired. I have stopped viewing such deprecatory blogs and am not surprised by the demise of of these. Following through your research material is often a lengthly process but worth the effort because it is a great learning experience. Continue with your fantastic research and continue to make the truth prevail.

Anonymous said...

I would like to address the silence of the galleries listed in the previous post. Would any of these galleries care to comment or defend themselves with concerns to Mr.( Ill use that very loosely) Ritchie Sinclair's accusations of owning and selling "FAKE" Morrisseau's. It is a shame that Mr. Sinclair went to such low levels. He went from a respected artist and man to a disgrace to the native communnity. A true sell out. It won't be long before the domino effect happens. Once one domino falls, they all do! This is just the beginning. I also want to say that Spirit Walker has been someone that has stood strong through all of this controversy and still continues to do so. I believe this man is only trying to honour the legacy of the great Norval Morrisseau and has been doing just that for sometime now! Great work! Its not going unnoticed.
Megwetch to you Spirit Walker.

Anonymous said...

Something very strange has happened here? I don't believe that the judge residing over the Ritchie Sinclair vs. Joe Otavnik case on January 11th 2011 was ever informed of the defendant;Ritchie Sinclair's arrest charges on December 18th 2010.

Sinclair was charged accordingly and this was never mentioned to the judge?

If the judge ever found out about a defendant harrassing a key witness and in this case it was 'Joseph McLeod of Maslak McLeod Gallery' then the outcome of this case between Joe Otavnik and Ritchie Sinclair would certainly have been in Joe Otavnik's favour.

This I will say about you Mr.Sinclair and company. You and others like you of which there are many have been brainwashed all your lives into thinking that there is only lack and scarcity on planet earth. This is not true. You and your friends sought to corner the Norval Morrisseau Woodland market by dis-information. By dis-information you have spread lies through out the world about the false existence of thousands of fake Morrisseau paintings which you have never seen nor handled personally. You even had gone so far as to write a letter to the prime Minister of Canada Stephen Harper about this. I agree with you that there are 'fakes' out in the market but not and never in the thousands but only less than a couple dozen examples over the years have shown up.

You targeted a specific time period of art from the 1970's that was competing fiercly with newer works that Kinsman Robinson Gallery and Coglan Art Galleries were peddling.

Over forty galleries across Canada were selling pieces of Norval Morrisseau's art from the 1970's. This has been articled in detail on SpiritWalker's BLOG.

The sad truth to all of your activity and the others in your camp was to eliminate competion in the market. But the result unfortunately backfired on all of you and everyone else too.

The Woodland art collector today is afraid of buying any Woodland Art not just by Norval Morrisseau but by any other Woodland artist because of what you people have done!!!?

Ritchie Sinclair and Mark Anthony Jacobson are both Woodland Artists. How are both of you going to sell your own art creations now in a market which you both helped destroy? You both thought that your attacks on Norval Morrisseau artworks would only be confined to the 1970's pieces? You both have been very wrong. You both have damaged hundreds of people's lives and and their businesses. The dozens of galleries across Canada and the world that engage in selling Canadian Woodland art sell art from other artists aswell.

These galleries and their reputations have been harmed. How are they going to promote the art from other artists that are in their galleries?

So you see...your acts of revenge based on a false conception of lack and scarcity fueled by your envies,FEARS,and jelousies caused all of this to happen to yourselves and everyone else...Bravo!

Think about this alternate scenario for just a moment. What would have happened if both of you and Don Robinson of KRG,Bryant Ross of Coglant Art had seen abundance in the market place and spent your energies at cultivating the Canadian Woodland Art Movement instead of attacking other galleries and people? This type of activity would have resulted in building a stronger market and interest from everyone wanting to collect Canadian Woodland art. Everyone would have won including Ritchie Sinclair,Mark Anthony Jacobson,Don Robinson,Bryant Ross and Gabor Vadas.

There always was plenty of money to go around guys...you just refused to believe it because of your fears of scarcity and lack.

SPQR

Susan Murar said...

It takes great strength to live this life, to incorporate a vision that one believes in with all one's heart- something that one feels is important beyond all other considerations. Norval Morrisseau had this vision despite the controversy that he produced with his life. He had an interior strength that never gave up, a vision that he must leave us with his paintings - his gifts.

I hope that "Spirit Walker" with his vision to document Norval's life in its most significant moments (and the small details) finds the same strength that Norval found, to continue to work on this encyclopedic volume of knowledge on the internet, his blog to Honour Norval Morrisseau. It is no less than a gift to humanity. Gifts in our lives have a beauty that we cannot often see, Norval knew this as he travelled to the House of Invention to bring us our special gifts of beauty in his paintings.

We are learning more about Norval and his gifts of such immense beauty because of "Spirit Walker". I doubt that Norval Morrisseau would say anything other than, "Blessings Be".

Susan Murar, Stratford ON