Ontario's top police officer has been served with a summons over an allegation he influenced or attempted to influence municipal officials.

A York Regional Police spokeswoman says Ontario Provincial Police Commissioner Julian Fantino was served today, but wouldn't go into details.

Activist Gary McHale has been trying to have Commissioner Fantino charged after he allegedly sent an e-mail in 2007 telling the mayor and councillors in Caledonia, Ont., not to attend Mr. McHale's rallies.

Mr. McHale has led a number of rallies in the community south of Hamilton to protest what he called two-tier justice in the policing of an aboriginal land occupation.

The case was put over earlier this month until Feb. 3 after the Crown asked the court in Cayuga for more time to review new evidence relating to the allegation.

Commissioner Fantino has vowed to “vigorously” fight the allegations.

A charge of influencing or attempting to influence municipal officials is a Criminal Code offence that carries up to a five-year prison term.

The Attorney-General's office has said a special prosecutor will be assigned from the Justice Prosecutions Unit, which was set up to handle cases involving police or other justice officials and is made up of senior Crown counsels with extensive experience in criminal cases.