Crown drops Christian Island man's hope for threat charge against Tiny rep

The Crown has elected not to move forward with a charge of uttering threats against a Tiny councillor.

While moving through a full docket of remands at the Midland courthouse Thursday afternoon, acting Crown attorney Lee Sala asked the judge to withdraw the charge because “there’s no reasonable prospect of conviction.”

The charge stemmed from an alleged incident involving Christian Island resident Johnny Hawke and Coun. Kelly Helowka at the Balm Beach Bar & Smokehouse last summer, a police investigation and finally a private prosecution brought forward by one of the participants.

On this particular July evening, Hawke claimed Helowka threatened to make him “disappear,” with Helowka countering that Hawke actually confronted him and started to record him without his permission.

Southern Georgian Bay OPP officers investigated, with Hawke later being told the Crown attorney’s office wouldn’t be pursuing the matter.

With that, Hawke took matters into this own hands and sought a private prosecution.

“The OPP failed me in their investigation, so I filed a private prosecution,” Hawke said, noting a Barrie justice “decided to give the OK for the Crown to pursue the matter of a charge.”

Prior to Thursday’s proceedings, Hawke wrote a letter to the Crown’s office outlining his hopes that the matter would go to trial.

“I was informed at the pre-enquête on Dec. 27 at the Barrie courthouse that the Crown will decide on what action it will take in this matter,” Hawke wrote in his letter.

“I am also writing today as an individual of Indigenous descent and further recommend for the Crown’s consideration that I may be seen as a vulnerable person due to the specifics in this matter.”

Hawke, who is well known in the area for his activism, told MidlandToday that on the night in question, he hadn’t been out for a while and was taking selfies “throughout the day of me getting out” following his brother’s death.

Hawke says it wasn’t his intention to have Tiny Mayor David Evans, another man he would later learn was Coun. Kelly Helowka and a third person in the background when he took the selfie at the seaside establishment.

About 40 minutes after Evans and the other person left the table, Hawke says he got up to check out the jukebox when the man he notes he would later learn was Helowka called him over and asked: “‘Why are you taking pictures of me? Earlier I noticed you took a photo of me,’” Hawke says.

“I responded, ‘I don’t even know who you are or what you’re talking about.’ He responded with ‘I am a retired RCMP. I can make you disappear.’

“I was like WTF? I took out my phone and video recorded him and told him to tell me what he just said. He got up and ran to the bar and sat down. I followed him and was upset.”

However, Helowka tells a different story about the encounter.

“At no time did I ever threaten him,” Helowka told MidlandToday. “For the record, I did not invite him over to my table. After the mayor and his friend left our table, which was outside on the terrace, this individual just walked over and sat down.

“I had minimal conversation with him, just asking him to leave me alone. I had never met this person before that evening. He was very intoxicated and was babbling about the RCMP.”

Helowka, who was with the RCMP for 36 years, says Hawke followed him when he went to the bar to pay his bill.

“He followed me into the bar, trying to video me,” he said. “I put my hands up to discourage his filming and told him to leave me alone. He was yelling and causing a disturbance.”

Hawke says he wasn’t intoxicated and didn’t go there to cause a disturbance, but that staff asked him to leave after he confronted Helowka.

Like Hawke, Helowka reported the incident to police when he arrived home.

“I received a phone call from a female officer and told her what had happened,” Helowka said.

“At approximately 9 p.m., friends at the bar called me to tell me that the cab driver had a very difficult time getting him into the taxi so he could make the ferry back to Christian Island.”

But despite Thursday’s charge withdrawal, Hawke said he's not letting the matter rest.

“I also filed a complaint on this council member with Tiny Township integrity commissioner this week, informing them of Helowka’s arrest,” Hawke tells MidlandToday.

“This should be of interest as the council is proposing a new bylaw directed at Tiny citizens’ conduct of bullying and harassment yet a current council member is in the courts for a charge of uttering death threats on an Indigenous person.”