The Ipperwash Inquiry and the 1995 Death of Dudley George

[www.turtleisland.org]

We will never forget the night of September 6, 1995, when Dudley George was killed.
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/report/
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Ipperwash Park transferred to Chippewas of Kettle and Stony Point First Nation
May 28th, 2009 . . .
viewtopic.php?p=10205#p10205
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The Ipperwash Inquiry into the Death of Dudley George
FINAL REPORT May 31, 2007 . . . http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash
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A narrated history of Ipperwash . . .
http://www.theglobeandmail.com/v5/content/features/ipperwash/
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Ontario Aboriginal Affairs confirms plan to return Ipperwash Park to its rightful owners - Chippewas of Kettle and Stony Point First Nation
December 20, 2007
viewtopic.php?p=8849#p8849
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Thousands urge action to implement Ipperwash Inquiry report
November 27, 2007
viewtopic.php?p=8776#p8776
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Open Letter - Anniversary of the Shooting Death of Anthony "Dudley" George

NORTH BAY, ON, Sept. 6, 2007

Members of the Ontario Legislative Assembly
Queen's Park
Toronto ON M7A 1A1

Dear Legislators:

Today is the 12th anniversary of the shooting death of unarmed Native
protester Anthony "Dudley" George at Ipperwash Park, an event that continues
to have a profound impact on all residents of Ontario.

In May the Report of the Ipperwash Inquiry offered hope that its
98 recommendations might contain the seeds of a better future for First
Nations people who live in this province.


"The provincial government and other institutions must redouble their
efforts to build successful, peaceful relations with the aboriginal peoples in
Ontario so we can all live peacefully and productively," said Justice Sidney
Linden, releasing his 1500-page report after hearing 140 witnesses over
25 months.

On June 29, the 42 member communities of the Anishinabek Nation launched an Era of Action campaign to martial support for the Ipperwash Inquiry's key recommendations. Thousands of postcards have been distributed across Ontario petitioning signatures to urge Ontario's premier to work with the federal government and First Nations to establish the Treaty Commission of Ontario, a permanent, independent and impartial agency to facilitate the settling of land and treaty claims in the province.

As the Oct. 10 provincial election approaches, First Nation citizens
across Ontario are expecting to see candidates' platforms reflect Ipperwash
Inquiry report recommendations designed to reverse what Commissioner Linden called "centuries of discrimination and dispossession."

Following the upcoming provincial election, we will present the incoming
premier with postcards signed by municipal mayors, Ontario legislators,
members of Parliament, clergy, teachers, and other citizens who expect the new government to maintain the momentum established by the Ipperwash Inquiry report.

Ontario's next government needs to use those actions as a foundation upon
which to build respectful relationships with aboriginal and First Nations
peoples. It has already been clearly demonstrated that Dudley George's death
was needless. The provincial government must now show it has learned from the tragedy.

All my relations,

(signed)
John Beaucage
Grand Council Chief
Anishinabek Nation

For further information: UNION OF ONTARIO INDIANS, Head Office:
Nipissing First Nation, P.O. Box 711, North Bay, Ontario, P1B 8J8, Phone:
(705) 497-9127, Fax: (705) 497-9135, E-mail: info@anishinabek.ca
http://www.anishinabek.ca
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The Ipperwash Inquiry into the Death of Dudley George
FINAL REPORT

May 31, 2007

A damning indictment of former Premier Mike Harris, the O.P.P. and the Government of Canada . . .
http://www.attorneygeneral.jus.gov.on.c ... /ipperwash
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The Findings and Recommendations
May 31, 2007
viewtopic.php?p=8306#p8306
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Read the reaction to the findings and recommendations
May 31, 2007
viewtopic.php?p=8308#p8308


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"I’m very proud of Dudley because of the way he stood up for himself and his people. He believed in why he was there: it was time to protect our lands where the burial grounds were and which had been promised to us, and for this he gave up his life." Sam George, Dudley's brother, in his final submission to the Ipperwash Inquiry.

Final Submissions. . . Daily Transcripts of the Evidence . . .
Background Material etc. . .
http://www.attorneygeneral.jus.gov.on.c ... /ipperwash

December 1, 2006

Where is the Final Report?
viewtopic.php?p=7815#p7815

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September 6, 2006
Aboriginal people remember Dudley George, on this the 11th anniversary of his "political assasination". . .
viewtopic.php?p=6486#p6486

Lessons Learned or Not?
Chiefs of Ontario final submission to the Ipperwash Inquiry into the death of Dudley George - August 2006. . .
viewtopic.php?p=7358#p7358
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The Land Must Be Returned
Final submission on behalf of the family of Dudley George to the Ipperwash Inquiry - August 21, 2006. . .
viewtopic.php?p=7354#p7354
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Denials and more denials in final submissions to Ipperwash Inquiry
Key players in events leading up to Dudley George's death play blame game-refuse to accept responsibility
August 21, 2006. . .
viewtopic.php?p=7356#p7356

Read all of the closing submissions
August 2006. . .
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

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Policing and Aboriginal Occupations and Protests . . .
May 23, 2006

The Ipperwash Inquiry commissioned various research reports to help shed light on key issues, such as policing and First Nations. The following research report submitted to the inquiry this month is timely, and very informative, when you consider the recent events involving the Six Nations land rights protest at Caledonia. The report included the following premise, among others. . .

Accepting that Occupations and Protests in themselves are basic in democracy and a way for a small decentralized population to bring attention to their rights and concerns, especially in First Nation communities where there has been a long history of oppression, and where many issues remaind outstanding (eg, treaties and other issues).

Check out the Best Practices section for background on previous First Nations protests across Canada . . .
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash
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Aboriginal Peoples, Policing and the Criminal Justice System
Research Papers Commissioned by the Inquiry

Other Research of interest from the Ipperwash Inquiry . . .

NOTE: The links are to files that are .pdf format requiring Adobe Acrobat Reader to view ( or more easily if you own a MAC and have Preview )

"The Collection and Use of Intelligence in Policing Public Order Events" by Wayne Wawryk
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

"Trespass and Expressive Rights" by W. Wesley Pue
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

"Public Order Policing in Canada: An Analysis of Operations in Recent High Stakes Events" by Willem de Lint
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

"Challenge, Choice and Change: A Report on Evidence-Based Practice in the Provision of Policing Services to Aboriginal Peoples" by Human Sector Resources
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

"Aboriginal Peoples and the Criminal Justice System" by Jonathan Rudin
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

"Warrior Societies in Contemporary Indigenous Communities" by Taiaiake Alfred and Lana Lowe
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

"Crown and Aboriginal Occupations of Land: A History & Comparison" by John Borrows
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

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The Ipperwash Inquiry was established in November 2003. It began hearing evidence in July 2004.

Almost two years later, only now has it been revealed that a second racially-motivated t-shirt was circulating within the Ontario Provincial Police.

The O.P.P. apologized to First Nations and launched an immediate investigation.

May 11, 2006
viewtopic.php?p=6950#p6950

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Chiefs of Ontario sponsor a forum to present systemic issues in First Nations / government relations . . .
March 8, 9, 2006
viewtopic.php?p=6751#p6751

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News and Comment
by Tehaliwaskenhas
Bob Kennedy, Oneida
Copyright
Turtle Island Native Network
http://www.turtleisland.org

February 14, 2006

There was no great revelation. In fact what he said was predictable.

However, there was a sense of long-awaited satisfaction, that the man who repeatedly refused to agree to a public inquiry to investigate the death of an unarmed Native man, now was himself forced to testify at a public inquiry ordered by a government that defeated his Conservatives.

Former Premier Mike Harris was on the witness stand at the Ipperwash Inquiry, and true to form and expectations, he calmly, unemotionally testified he did not use obscene language against Indians in 1995 prior to the shooting death of of an unarmed Dudley George.

The former Conservative head of the Ontario Government, defended himself against allegations he had used profanity during a high level meeting to discuss the protest at Ipperwash. Last November, his own former government’s Attorney General Charles Harnick testified at the inquiry that he heard Harris. "As I walked in the dining room, the premier in a loud voice said, I want the fucking Indians out of the park."

Despite that damning testimony, Harris told the inquiry today, he never said that, "No, I absolutely did not say that or words to that effect or use that adjective at any time in the meeting".

Here is the transcript of the testimony of Mike Harris
February 14, 2006
http://www.attorneygeneral.jus.gov.on.c ... /ipperwash

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Major Highlights from the Ipperwash Inquiry
CBC
http://www.cbc.ca/news/background/ipperwash/

CTV
http://www.ctv.ca/servlet/ArticleNews/s ... /20060213/

Historical background of the Ipperwash land claims
http://www.ctv.ca/servlet/ArticleNews/s ... /20060212/
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January 2006

One Dead Indian - the compelling CTV movie had a profound impact on some Canadians . . .
viewtopic.php?p=6486#p6486

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December 2005

Ipperwash Inquiry Holds Consultation on Sacred Burial Sites . . .
viewtopic.php?p=6409#p6409

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November 28, 2005

"I Want the F_ _ _ ing Indians Out!"
viewtopic.php?p=6379#p6379

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10 years later, still no answers . . .

Ten years after Dudley George was killed, a year into a public inquiry, the mystery of exactly how the decision that led to his death was made, remains unresolved.
by Kate Harries
September 20, 2005
http://www.rabble.ca/news_full_story.shtml?x=41922

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News and Comment
by Tehaliwaskenhas
Bob Kennedy, Oneida
Copyright
Turtle Island Native Network
http://www.turtleisland.org

September 6, 2005

Today marks a very sad anniversary of recent Canadian history.
viewtopic.php?p=6014#p6014

Ten years ago Dudley George, unarmed, and participating in a peaceful protest at Ipperwash Park, was shot and killed by an Ontario Provincial Police officer.

The Public Inquiry that was established by the Government of Ontario on November 12, 2003 will continue to hear testimony next Monday, September 12,2005.

Recent witnesses, including police, lawyers and civil servants have confirmed the provincial government of 1995, led by Mike Harris was more aggressive toward Native issues than the previous government. Also, that while the police wanted to deal with protestors at Ipperwash less aggressively, the political officials at Queen’s Park in Toronto wanted them out of the park, no ifs ands or buts.

The mandate of the public inquiry is to " . . . inquire and report on events surrounding the death of Dudley George" and " . . . is also to make recommendations that would avoid violence in similar circumstances".
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August 30, 2005

Government lawyer testified at Ipperwash Inquiry - police plan and politicians agenda not the same . . .
viewtopic.php?p=5987#p5987

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The webcast of the Inquiry's symposium held in Toronto on August 19, 2005 dealing with the policing of aboriginal occupations, and the history of aboriginal occupations . . .
http://www.insinc.com/ipperwashinquiry/20050819/

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May 19, 2005

Politicians were rednecks and gun lovers, according to police officer . . .
viewtopic.php?p=5665#p5665

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March 22, 2005

Toronto Star reporters receive awards for coverage of Ipperwash and death of Dudley George. . .
viewtopic.php?p=5370#p5370

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January 11, 2005

More than nine years after the living nightmare at Ipperwash, witnesses are being challenged to remember details, with the police providing a much different version . . .

viewtopic.php?p=4818#p4818

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November 30, 2004

Inquiry to hear from Bernard George who was badly beaten prior to shooting death of Dudley George. Lawyers want to show the infamous Rodney King video. . .

viewtopic.php?p=4592#p4592

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October 13, 2004
Commissioner rules it is premature to release audio tapes that the George family called, "shocking".

viewtopic.php?p=4215#p4215
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September 2004
PERSPECTIVES

Dan Smoke reports that the George family believes the history phase of the inquiry is most important.
Read Why. . .
viewtopic.php?p=4038#p4038

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Sam George calls contents of tape frightening - lawyer calls it explosive.
Sept 3, 2004
viewtopic.php?t=2549

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Inquiry resumes with testimony about history of relations and land transactions between Great Lakes Aboriginal people and governments.

August 2004

viewtopic.php?p=3725#p3725

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The Ipperwash Inquiry and the importance of cultural context . . .
July 13, 2004

viewtopic.php?p=3532#p3532
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The start of the hearings - July 13, 2004 at the Forest Memorial Community Centre (Kimball Hall)
viewtopic.php?p=3367#p3367

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July 7, 2004

Aboriginal culture and history will be the focus of evidence at the start of the Ipperwash Inquiry . . .
viewtopic.php?p=3473#p3473

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June 24, 2004

Police and government relations . . .
Pursuing key policy issues as part of the Ipperwash Inquiry
viewtopic.php?p=3366#p3366

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June 3, 2004

High profile First Nation lawyer was appointed counsel for the Ipperwash Inquiry . . .

viewtopic.php?p=3149#p3149

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May 7, 2004

Commissioner announced the individuals and organizations that have official Standing at the Inquiry

viewtopic.php?p=2885#p2885

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April 21, 2004

First Nations culture - a respectful beginning to first public session of the Ipperwash Commission of Inquiry

viewtopic.php?p=2746#p2746


Lawyer for former Premier argues he was not responsible for police action at Ipperwash in 1995
http://www.theobserver.ca/2004/pts_040421.html

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The Ipperwash Inquiry is set to begin its review of applications of people wanting official standing

April 15, 2004

viewtopic.php?p=2683#p2683

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March 10, 2004

The Ipperwash Inquiry will start to hold hearings on April 20, 2004

DETAILS
viewtopic.php?p=2414#p2414

http://www.theobserver.ca/2004/pts_040310.html

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January 23, 2004

Racism was rampant involving police officers at Ipperwash

http://www.theobserver.ca/2004/pts_040123.html

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Dudley George's Family Lawyer Calls It Toxic and Poisonous

January 21, 2004

Ontario Provincial Police racist remarks revealed, in recording from clandestine surveillance from 1995 Ipperwash Protest.

The following is transcript from a tape obtained through the Federal Access to Information law.

"Is there still a lot of press down there?" one officer says.
"No, there's no one down there. Just a great big fat fuck Indian," replies another.
"The camera's rolling, eh?"
"Yeah."
"We had this plan, you know. We thought if we could get five or six cases of Labatt's 50, we could bait them."
"Yeah."
"Then we'd have this big net at a pit."
"Creative thinking."
"Works in the (U.S.) South with watermelon."

The next day, an O.P.P. officer shot and killed Dudley George, who was among First Nation members gathered at Ipperwash, to protect a sacred site on their traditional lands.
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First Nation leaders speak out against O.P.P. racist remarks - pervasive and systemic problems . . .
viewtopic.php?p=2063#p2063

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Public Inquiry into the Death of Dudley George

Commissioner Names Lead Counsel for Ipperwash Inquiry
November 24th, 2003

viewtopic.php?p=1821#p1821

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News and Comment
by Tehaliwaskenhas - Bob Kennedy
Copyright
Turtle Island Native Network
http://www.turtleisland.org

November 12, 2003

The Ontario Government has announced a public inquiry to look into the death of Dudley George at Ipperwash in 1995.

The province's Attorney General Michael Bryant made the announcement at a news conference in Toronto, "Ontarians will receive a full airing of the facts by an independent commissioner into what happened eight years ago at Ipperwash. We are fulfilling our long-standing commitment to have a full and independent public inquiry."

Justice Sidney Linden has been appointed to lead an independent, public inquiry into the events surrounding the death of Dudley George. In leading the inquiry, established under section 2 of the Public Inquiries Act, Justice Linden has a broad mandate to - Inquire into and report on events surrounding the death of Dudley George - and Make recommendations directed to the avoidance of violence in similar circumstances.

Justice Linden has had extensive experience as a lawyer, arbitrator, administrator and judge. He practised law from 1966-78 and during that time also served as chair of many boards of arbitration. Since 1978, he has had a long history of firsts, including first Police Complaints Commissioner of Metropolitan Toronto 1980-85, first executive director of the Canadian Auto Workers Prepaid Legal Services Plan 1985-87, and first Information and Privacy Commissioner 1987-90. From 1990-99, he was chief justice of the newly amalgamated Ontario Court of Justice, and in 1999 he became the first chair of Legal Aid Ontario, while on leave from the court.

Attorney General Bryant said, "I have asked Justice Linden to conduct a thorough review. I look forward to receiving recommendations that will help us learn from the past and help promote peaceful resolutions in the future."

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Anishnabek Grand Council Chief Pleased That There Will be a Public Inquiry
viewtopic.php?p=1636#p1636

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His Spirit Lives On - A Tribute to Dudley George
viewtopic.php?p=1603

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Ontario Government Will Hold a Public Inquiry!

News and Comment
by Tehaliwaskenhas - Bob Kennedy
Copyright
Turtle Island Native Network
http://www.turtleisland.org

October 3, 2003

Justice is one giant step closer for the family of Dudley George. Ontario's newly elected Premier Dalton McGuinty confirmed, with no uncertainty, "We will be proceeding with an independent inquiry".

He was asked the question during his first news conference after his Liberals swept to power in Ontario's general election.

Meanwhile, the George family has dropped its civil lawsuit against the provincial police and former premier Mike Harris, in connection with the shooting death of Dudley George in 1995.

Police stormed Ipperwash provincial park, where First Nation protestors had gathered for a peaceful occupation of their traditional lands.

During the violence, police shot and killed an unarmed Dudley George.

Eight years later we are now closer to finding out the truth of what really happened - there will be a public inquiry.


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Postpone Ipperwash Trial . . . an Outrageous Political Stunt

News and Comment
by Tehaliwaskenhas - Bob Kennedy
Copyright
Turtle Island Native Network
http://www.turtleisland.org

September 22, 2003 - The Aboriginal community in Toronto plans a vigil to mark yet another delay in the Ipperwash court case . . . the civil case brought against the Ontario Government by the family of Dudley George, who was gunned down by police in 1995.

A court approved an application by government lawyers to delay the case because of the province's general election campaign, and the need for Public Safety and Security Minister Bob Runciman to be on the campaign trail.

NDP Leader Howard Hampton called it an "outrageous political stunt" and that the government doesn't want new evidence about former Tory Premier Harris to come to light, before Ontarians go to the polls.

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September 17, 2003

There's another twist, to the seemingly never ending attempts by the Ontario government, to avoid facing justice, regarding the death of Dudley George.

Public Safety and Security Minister Bob Runciman is requesting the court grant him a postponement in the Ipperwash trial. Why? Because he says he must be on the campaign trail for the upcoming general election and therefore will be unavailable for the trial next Monday.

NDP Leader Howard Hampton said, "This outrageous political stunt cannot be permitted to stop the trial, and the new evidence about Harris, from coming to light before Ontarians go to the polls."

Lawyers for the George family are urging the court to see through the transparent attempt to block the truth from coming out before election day, "The plaintiffs submit that in the conspicuous absence of any evidence from Mr. Runciman indicating his intention actually to attend trial, a reasonable inference is that the adjournment request is made at this last minute because new, important and politically damaging evidence has just been produced which the Defendant does not wish to become public through a trial during the middle of an election campaign, namely, specific evidence that Premier Harris believed just before the shooting of Dudley George that the Premier had the authority to direct the actions of the O.P.P. and what appears to be Mr. Runciman's tacit approval of the Premier's position".

Hampton said it's important voters get to hear what really happened, and they should hear it before the election, "If Harris directed the police - and if other ministers like Runciman agreed - then this is a very serious matter. An unarmed man died while exercising his fundamental right to free speech. If the government was responsible, Ontarians must be given the opportunity to know it".

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Death of Dudley George and The Need for Justice

Issue Raised in Ontario's Election Campaign

September 7, 2003

Eight years, and still no justice.

Saturday was the eighth anniversary of Canada's first modern-day Political Assassination of an Indian.

It was September 6, 1995 that an unarmed, Dudley George was gunned down by an Ontario Provincial Policeman.

In Toronto, the demand for a full public inquiry entered the Ontario election campaign where NDP Leader Howard Hampton said the Conservative government's deception and dishonesty over the death of Dudley George demands a full public inquiry. He also pledged to hold such an inquiry if he is elected Premier in Ontario's general election October 2nd.

"The Conservatives are hiding the truth about Dudley George's death to protect Mike Harris and Deb Hutton"

Hutton was assistant to the Premier in 1995 and is believed to have been instrumental in the political order to the police to take action. That's a reference to the role of Harris, who was Premier when the police were ordered to deal with First Nation protestors at Ipperwash, the traditional lands that George and others were defending.

Howard Hampton, who was Attorney General in a previous NDP government said, standing in front of the Bay Street building housing the Office of the Attorney General - Ontario's top justice official. "There's been no justice from this office for the family of Dudley George. For eight years they've been kept in the dark about who was ultimately responsible for his death."

Hampton said the Conservatives have refused to call a public inquiry and used every trick they can think up to prevent a civil suit. As well, hundreds of photographs and TV tapes about the George killing have been kept secret by the Ernie Eves government. The government lied and said it had a warrant for the photos and tapes.

Amnesty International, the highly respected human rights group, has renewed its call for a public inquiry.

"Ontario is an international disgrace. I would put an end to that disgrace by calling a public inquiry into the death of Dudley George," Hampton
said.

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For More on This Story

http://www.turtleisland.org/news/news-dudley.htm

http://www.attorneygeneral.jus.gov.on.c ... /ipperwash

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CBC's Background Information on Ipperwash

http://www.cbc.ca/news/background/ipperwash

[web.amnesty.org]

4 September 2003 16:00 GMT


Canada: The police killing of Dudley George: Eight years on -- many questions remain unanswered In a new report released today: "Canada: Why there must be a public inquiry into the police killing of Dudley George", Amnesty International renewed its call for a full public inquiry into the 1995 police killing of Canadian Indigenous protester Dudley George.

George was fatally wounded on 6 September 1995 when heavily armed police officers attacked a much smaller group of protestors occupying Ipperwash Provincial Park.

"Year after year, the authorities have used excuse after excuse to avoid the scrutiny of a public inquiry. It is time for the procrastination to end and the truth to prevail." Amnesty International said.

Prior to the events of September 1995, the Ontario authorities and the Ontario Provincial Police (OPP) had a record of approaching occupations by Indigenous peoples via peaceful negotiations and legal injunctions.

"This time the authorities did not wait until the courts had the opportunity to examine the legality of the protester's land claims or seek a peaceful negotiated end to the occupation. This is despite there being no obvious threat to the safety of the public or others. Their actions resulted in an unarmed man's death; a tragic event that must be fully investigated." Amnesty International stated.

The Ontario government initially claimed that the police had come under fire from the protesters and that they had not sought to intervene or influence the policing of the occupation.

In the intervening years -- and despite repeated attempts to block the release of information by the government -- strong evidence has emerged that the Ontario Premier and members of his Cabinet had sought to have the protesters removed by the OPP "as soon as possible" and they "desire[d] removal with 24 hours."

"The question remains: Did the Ontario Premier and his ministers pressure the police to end this protest hastily. If yes -- and the evidence is strong that they did -- did that pressure result in the police using excessive lethal force d to a death?" Amnesty International questioned.

George was shot by Ontario Provincial Police (OPP) marksman Sergeant Kenneth Deane. Deane was subsequently convicted of criminal negligence causing death despite deliberately shooting an unarmed man. The officer had claimed he saw flashes from a gun George was firing, a claim the trial judge rejected.

"The charge laid against Sergeant Deane does not appear to be in accordance of the seriousness of this incident." Amnesty International said "A trained officer, who clearly targeted an unarmed individual with a sophisticated weapon and fired, resulting in the death of Dudley George, must surely require a charge of more serious nature".

The sentence imposed on Deane also appears inconsistent with both the facts of the case and the findings of the trial judge.

"Having found that Deane created the story of George being armed -- which presumably means George was shot in cold blood since he was known to present no threat -- the judge went on to sentence Deane to a non-custodial sentence." Amnesty International stated.

The lack of a custodial sentence is in stark contrast to the sentence of six months' imprisonment on native protester Warren George for assaulting police officers.

On sentencing Deane, the judge remarked: "The decision to embark on this ill-fated mission was not Sergeant Deane's". The family of Dudley George have the right to know exactly whose decision it was.

The Federal government of Canada have also refused to establish an inquiry into the George killing, arguing that it does not have the authority to investigate allegations of misconduct by provincial police forces.

"The Canadian federal authorities have abdicated their responsibilities under international law and standards pertaining to human rights. It is their duty and obligation to ensure the human rights detailed in international statutes to which Canada is a party are upheld. The United Nations Human Rights Committee recommended to the federal authorities that an inquiry be carried out in 1999. It is not acceptable for the Federal Government to simply state it is not their responsibility." Amnesty International concluded.

The time is long overdue for a full, impartial public inquiry into the events at Ipperwash and the killing of Dudley George to be carried out, if not on the authority of the government of Ontario then on the established authority of the government of Canada.

"To fail to do so is to compound the injustice, and also to flout the clear requirements of Canada's obligations under international law." Amnesty International concluded.

For a full copy of the report: "Canada: Why there must be a public inquiry into the police killing of Dudley George", please see: http://web.amnesty.org/library/index/engamr200022003

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Canada
Why there must be a public inquiry into the police killing of Dudley George


Introduction

On 6 September 1995, Dudley George, aged 38, was killed by a police sniper during a Native land protest at Ipperwash Provincial Park. The officer who fired the fatal shot was subsequently convicted of knowingly shooting an unarmed man. Amnesty International and numerous other bodies have raised serious questions about the circumstances of the shooting, including the role played by public officials in the police decision to use a high level of force against a relatively peaceful and not clearly illegal protest.

However, in the interceding eight years, the federal Government of Canada and the provincial Government of Ontario have resisted continuous calls in Canada internationally - including municipalities, churches, trade unions, media editorialists, political parties, human rights organizations, the provincial Ombudsman, indigenous peoples' organizations and United Nations entities - for a public inquiry into this event. Accordingly, the family of Dudley George have been left with no option but to launch a civil lawsuit against Michael Harris, the Ontario Premier at the time of the killing, members of his Cabinet and members of the police force. In the course of those proceedings, several documents have been disclosed which strongly indicate that the government may have directly controlled or sought to influence police operations during the Ipperwash protests, which preceded George's death.

Amnesty International believes that if the authorities wished to remove the protesters at Ipperwash, they had to do so within international human rights standards and domestic law. That is to say, it was incumbent upon the police force to use force as a last resort and only to the minimum extent necessary to protect lives and property. However, it is clear from the actions launched against the protesters on the evening of 6th September 1995 - a mere 2 days after the occupation had begun and in stark contrast to previous police policies of dealing with occupations peacefully - that the authorities had no intention of respecting the rights of the protestors and of using only minimum force.

The authorities took such forceful action before they had given themselves the time and opportunity to examine the protesters' right to occupy the land. Nor had they obtained legal permission to act to remove the protesters via a court injunction.

Amnesty International has recommended against such actions. In its 1992 report Human rights violations against the Indigenous peoples of the Americas, the organization recommended:

Since many [human rights] abuses against indigenous peoples occur during evictions, steps should be taken to ensure that evictions are not authorized and do not take place except in accordance with fundamental principles of justice and relevant international standards, and taking full account of treaties and laws protecting the lands of indigenous peoples. When evictions do take place, measures should be taken to avoid the use of force and prevent abuses against indigenous peoples. Those occupying the contested land should be adequately informed about relevant court orders before any eviction takes place, and their opportunity to challenge the legality of the eviction order should be ensured. A competent judicial official should accompany police officers empowered to carry out the order. Police officers who carry out authorized evictions should be trained in and obliged to comply with international standards regarding the use of force...(1)



The land rights of Indigenous peoples: an ongoing problem inadequately addressed

Indigenous peoples, including First Nations, Inuit and Métis peoples, make up roughly three percent of the Canadian population. However, except in the north of Quebec, and in the northern territories of Nunuvut, the Northwest Territories and the Yukon, Indigenous peoples in Canada control very little of the land and resources of their original homelands.

In 1996, the Canadian government's Royal Commission on Aboriginal Peoples (RCAP) estimated that since Canadian Confederation in 1867, two-thirds of the land allocated to Indigenous peoples had been "whittled away" through sale, appropriation, fraud and theft. Currently, Indigenous peoples control less than one-half of one per cent of the land in southern Canada. According to the RCAP, the loss of control over lands and resources has been a central factor behind problems of poverty, ill-health and social stress now rampant in many Indigenous communities across Canada. (2)

The RCAP urged immediate government action to ensure fair and timely resolution of the hundreds of outstanding disputes over Indigenous land and resources, warning that: "Without adequate lands and resources, Aboriginal nations will be unable to build their communities and structure the employment opportunities necessary to achieve self-sufficiency. Currently on the margins of Canadian society, they will be pushed to the edge of economic, cultural and political extinction. The government must act forcefully, generously and swiftly to assure the economic, cultural and political survival of Aboriginal nations." (3)

In March 1990, the United Nations Human Rights Committee(4) ruled that the destructive impact of the resource development that has taken place in hunting and trapping territory of the Lubicon Cree of northern Alberta - while that land remained in dispute - amounted to a violation of the Lubicon's fundamental human rights.(5) Although negotiations with the Lubicon are ongoing, the land dispute has still not been resolved.(6)

In 1998, the UN Committee on Economic, Social and Cultural Rights called on the Canadian government to "to take concrete and urgent steps to restore and respect an Aboriginal land and resource base adequate to achieve a sustainable Aboriginal economy and culture." (7) This recommendation was echoed by the UN Human Rights Committee which in 1999 urged "decisive and urgent action be taken towards the full implementation of the RCAP recommendations on land and resource allocation."(8) In 2002, the UN Committee for the Elimination of Racial Discrimination expressed its concern over the slow progress toward implementing the recommendations of the RCAP. (9)

In contrast to Canada's slow response to violations of Indigenous peoples' rights, Indigenous communities that have sought to exercise land and resource rights (often reflected in historic treaties signed with the State) without awaiting the consent of governments have often been subjected to swift, aggressive and sometimes violent enforcement actions. For example, as Amnesty International has previously commented on, unnecessary and excessive force may have been used in 2000 in asserting federal jurisdiction over the lobster fishery at the Native community of Burnt Church in New Brunswick.(10)

Amnesty International has also expressed concern over the frequent failure to ensure full public accounting of the circumstances surrounding instances of police violence against Indigenous peoples. Amnesty International supports the recommendation made by the UN Committee against Torture in November 2000 that federal and provincial governments should also establish independent, civilian bodies to investigate allegations of torture, ill-treatment and other serious human rights violations at the hands of law enforcement officers and prison staff.

Background to the killing of Dudley George: the occupation of Ipperwash Provincial Park

On 4th September 1995, Dudley George was part of a group of approximately 24 Natives who entered Ipperwash Provincial Park as part of a protest claiming that the land belonged to the Indigenous community.

The park is located on the shores of Lake Huron in the province of Ontario. It was part of a large piece of land guaranteed as Indigenous peoples reservation land by a Treaty signed in 1827 between the Native Chippewas and the British Crown. In 1927, part of the reservation was sold to the government of Ontario for the Provincial Park. The park contained an Indigenous burial ground which was desecrated when the park was built.

The remainder of the reserve was appropriated by the Department of National Defence to create a military base during World War II: the Camp Ipperwash military base. The Chippewas living there were involuntarily resettled to a nearby reservation pursuant to the War Measures Act, on the understanding that their land would be returned to them at the end of World War II hostilities. Despite this undertaking, embodied in a Cabinet Order, the land was never returned to them.

Approximately 50 years later, finding that all efforts to regain their reserve land had been in vain, on 27 May 1993 Indigenous people from Stoney Point occupied part of the military base that had been built on land appropriated from them in World War II. On 29 July 1995, they took over the rest of the base. The Canadian military withdrew from the base without confrontation. Technicians from the nearby military base reportedly introduced some of the protesters to the daily operations of the base so that equipment would not be damaged. Some of the protesters were awarded contracts with the federal Government to cut the grass and undertake maintenance activities.


Events of 4-6 September 1995

On 4 September, approximately 24 reportedly unarmed Native men, women and children entered the park and occupied a small portion along the beach and parking lot. Their occupation posed no apparent danger to the public - and appeared to be symbolic - since the park had just closed at the end of the tourist season.

Reports suggest that the protest began peacefully. The protesters were joined by sympathisers for a picnic, which included children. The police had been alerted as early as May 1995 that an occupation of the park might happen.(11)

The Ontario Provincial Police (OPP) had prepared a strategy code-named 'Project Maple' for use in the event that the park was occupied. Its aim, as stated in the police's document, was "to contain and negotiate a peaceful resolution". Thirteen negotiators would be available. Ambulances and caged buses would be on alert. In addition, any arrests were to be videotaped so that the OPP could counter any unjust accusations of brutality. The plan of OPP Acting Superintendent John Carson was to tell the Natives that the park was closed, that they were trespassing and that they should leave. If they refused to leave the park, a court injunction ordering them to leave would be sought.

Amnesty International was not present at the confrontation between the protesters and the police force. However, the organization has followed closely issues surrounding the investigation into Dudley George's death and related matters since September 1995 and has engaged in correspondence with the authorities to express its concerns and gain information.

The following description has been compiled from court actions, eye-witness statements, media reports and police accounts of events.

Despite the initially peaceful nature of the protests, the OPP sealed off the roads leading to the park.

The use of more aggressive policing methods appeared to increase tension and was followed by acts of violence. Officers arrived on the outskirts of the park. Some of the protesters dented three police vehicles and broke their windows with a hockey stick and rocks in the reported belief that the police cruisers were about to ram them. One protester also threw a flare in the direction of the police.

The situation still appeared relatively under control on 5 September. An official police log stated at 8:27am: "We are trying to contain it, objective to contain and resolve it peacefully. No one in the community is in any danger, as we have adequate [police] services present". However, the OPP presence increased. Officers were seen observing the park from a boat on Lake Huron and using a helicopter to videotape the activities of the protesters. According to one police estimate, only nine protesters remained at that point, many protesters having temporarily left the park.

There were no credible reports of the protesters being armed. Minutes of a Government meeting on 7 September 1995 indicate: "Armed? - No knowledge but no indication". Acting Superintendent John Carson later told the Special Investigations Unit (SIU): "At that point in time, were we expecting to come under fire? The answer would be no".

Despite the apparent lack of a clear armed threat, the OPP deployed armoured vehicles and military equipment. Police notes on 5th September, timed at 4:45pm state: "Insp. Carson reports that the military will be releasing a couple of vehicles to us....The military is prepared to train two teams". The assistance of the military was code-named 'Panda'. An undated Department of National Defence document, stamped 'SECRET' states:

On order, LFCA [the Canadian military's Land Forces Central Area in North York]
will sp [support] law enforcement operations in the IPPERWASH
area....EXECUTION....Concept of Ops [operations].

(1) It is the aim of DND [Department of National Defence] (...) to avoid direct involvement by providing resources and advice to the OPP which will enable them to
successfully accomplish their mission.

The OPP also sought the use of armoured vehicles and other support from the Canadian military. The vehicles and support were never used in the Ipperwash confrontation.




6th September: the confrontation begins

At approximately 8pm on 6 September, all the lights in the park were turned off. By that time over 200 armed officers were positioned in the vicinity of the park. A riot squad in heavy armour was deployed. It marched on the protesters in rows of 25 to 30 and massively outnumbered the 15 to 20 remaining protesters. The riot police beat their steel batons against their shields as they advanced. Officers armed with laser-sighted sub-machine guns were also present.

The protesters reacted by directing powerful portable spotlights to the officers in an attempt to dazzle them. Taunts and insults were exchanged. The police forces marched in formation towards the park boundary until they were very close to the protesters.

Bernard George, an elected councillor with the nearby Kettle Point Band, was not part of the protest but had witnessed the build-up of armed police around the park. Fearing for the safety of the protesters, he advised the Natives to evacuate the women and children and walked towards the police, shouting: "You don't need guns. Leave the people alone in the park".


Allegations of beating by police officers

The police advanced towards the protesters with their batons raised. Bernard George attempted, again to no avail, to convince the police to retreat. The police were allegedly ordered to "Go! Go! Go!" and charged a second time, striking the protesters. Bernard George fell to the ground. Eight to ten police officers allegedly circled him, kicked him and beat him with their batons while he shouted "I give up". He lost consciousness and was then allegedly dragged along the ground by his hair.

When questioned after the events by officers investigating the incident, no police officers could recall beating Bernard George or seeing other officers hit him.

Bernard George's injuries required several operations in the months that followed. He suffered at least 25 bruises consistent with severe blows from batons or boots on his back, groin and head. He also had bruises on his arms and legs and suffered serious lacerations to the head. Remarkably, Bernard George was charged with assault and mischief but was acquitted at trial in July 1996.

As Bernard George was allegedly being beaten, some of the demonstrators left the park to rescue him but they too were allegedly beaten with batons. Teenage protester Nicholas Cottrelle started a school bus and drove towards the police to interpose himself between the police and the protesters. Another teenage protester, Warren George, followed him in a car. As Nicholas Cottrelle drove towards the police some officers leaped into a ditch. Police officers opened fire on the bus and the car.

The only injury to police officers was one strained knee ligament and one twisted ankle.


The fatal shooting of Dudley George

OPP marksman Acting Sergeant Kenneth Deane was one of eight Tactical Response Unit (TRU) or sniper team members stationed as protective back-up for the 32 members of the Crowd Management Unit. At about 11:45pm, Dudley George was on the roadway, some distance from the bus and the group of protesters, about 15 feet from the park. Deane fired three shots at him. The first appears to have missed George. The second grazed his leg as he started fleeing towards the park. The third shot hit George in the chest and he fell to his knees. He curled up in a foetal position and said "they got me", according to the testimony of a Native witness.

Fellow protesters dragged Dudley George inside the park, after which two of his siblings, Pierre and Carolyn, drove him to Strathroy-Middlesex Hospital in a private vehicle with one flat tire. They alleged that their efforts en route to summon an ambulance were in vain. On arrival, at the hospital, both were arrested and advised that they might be charged with attempted murder, despite their repeated protests that their brother who was in the back of the car, required immediate assistance. They were not able to ensure that their brother received medical attention. Instead, they were taken away and held for 12 hours before being released.

Dudley George was pronounced dead at 12:45am on 7 September 1995. He was killed by a hollow-tipped 'mushroom' bullet designed to expand upon contact with the flesh thereby causing maximum injury. The post mortem examination, carried out by pathologist Dr. Shkrum, concluded that George had died from blood loss.

Initial official version of events

The day after the shooting, OPP Commissioner Thomas O'Grady issued a press release calling the death of Dudley George an "isolated incident" and stating that the Natives had fired on the police, who then returned fire. In a press release dated 8 September 1995, the OPP called the event the "attempted murder of OPP officers". The federal Government echoed the OPP at the end of 1995 when, in response to a query from the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, it repeated that the OPP had returned fire after being fired upon first.

However, leaked papers released on 3 March 1997 by lawyers representing the George family reveal that this was not the case. OPP transcripts from the night Dudley George was shot show that the OPP knew, when they marched on the protesters, that none were armed and that they merely carried sticks.

No firearms were recovered from the protesters and no police officers or police equipment were hit with gunfire. No non-police bullets or shell casings were ever found, and no non-police bullet marks were discovered on the site. No physical evidence of protester firearms being in the park has ever been identified or suggested.

Two weeks after Dudley's death, the SIU began to investigate. The SIU is a civilian agency comprising experts in a number of fields (e.g. forensics and ballistics). They are mandated to investigate all cases of civilian deaths or serious injuries possibly resulting from criminal offences committed by police officers. They deal only with the culpability of individual officers, not with wider questions of policy.

The SIU initially attempted to gain access to photographs of the officers present at Ipperwash to show to Bernard George and others in an attempt to identify the police officers involved. However, the Ontario Province Police Association objected and sought a court injunction to prevent the release of the photographs. The SIU then dropped its attempts to get the photographs.

On 23rd July 1996, the SIU announced that OPP Sgt Kenneth Deane was to be charged with criminal negligence causing death. Ballistics tests formally matched the fatal bullet to Deane's gun.


The trial of Kenneth Deane

Kenneth Deane went on trial on 1 April 1997. During his testimony, Deane said that it was not the bus or car being driven towards the police that prompted him to shoot Dudley George. He claimed that he had seen muzzle flashes aimed at police from a sandy area outside the park and that Dudley came out from that area onto the road, pointing a gun at police officers. "I observed him shoulder a rifle and in a half-crouched position, scanned [the rifle] over our position", Deane declared. Deane then fired three shots "as quick as I could". Deane also claimed that Dudley threw his weapon away despite being fatally wounded. However, Deane did not try to recover the weapon.

However, Deane's notes - presumably made soon after the shooting - made no mention of muzzle flashes or opening fire on an armed man. During the trial, police witnesses claimed that Deane had told them about shooting a man with a weapon, but this appeared nowhere in their notes either. In addition, there was no evidence of their taking any immediate steps to look into the situation.

Deane's evidence was contradicted by the testimony of Sgt Hebblethwaite, who was standing a short distance behind Deane at the time of the shooting. Hebblethwaite testified that he did not see any muzzle flashes. Further, Judge Hugh Fraser found that Sgt Hebblethwaite had "no difficulty distinguishing what he recognised to be a pole or a stick" in the hands of Dudley George.

For Deane to be found not guilty, the defence had to convince the court that he had an honest belief that George was "scanning" officers with a weapon. However, on 28 April 1997, the judge found that George had no weapons on him when he was shot and that Deane knew that when he shot George. The judge concluded that: "the story of the rifle and the muzzle flashes were concocted 'ex post facto' [after the event] in an ill-fated attempt to disguise the fact that an unarmed man had been shot". The judge found that in presenting his version of events, Deane had lied not only to the court but also to the OPP and SIU. He was found guilty, as charged, of criminal negligence causing death. He faced a maximum sentence of life in prison.

However, five weeks later, Deane received a conditional sentence of two years minus one day which he would serve outside of prison and was required to perform 180 hours of community service. He was also prohibited from carrying a firearm during the period of his sentence. Deane appealed his conviction but in January 2002 the provincial Court of Appeal and eventually the Supreme Court of Canada ruled against him.

Some years after the shooting and once his appeals were exhausted, Deane was also finally subject to disciplinary procedures under the Police Services Act, after which he was found guilty of discreditable conduct. The adjudicator concluded: "What could possibly be more shocking to society than to have a sworn, fully trained and experienced police officer, while on duty, in full uniform, using a police-issued firearm, kill an unarmed citizen? This is further aggravated by the fact that the sworn police officer was found by the presiding criminal court Justice to have concocted and fabricated his evidence". Deane was ordered to resign or face immediate dismissal. He resigned in September 2002.

The charge laid against Acting Sergeant Deane of criminal negligence causing death does not appear to be in accordance of the seriousness of the incident. A trained officer, who clearly targeted an unarmed individual with a sophisticated weapon and fired, resulting in a death, must surely be more than merely "negligent". Furthermore, the sentence handed down to Acting Sergeant Deane also appears inconsistent with both the facts of the case and the findings of the trial judge. Having found that Deane created the story of George being armed - which presumably means George was shot in cold blood since he was known to present no threat - the judge went on to sentence Deane to a non-custodial sentence.

Amnesty International remains dismayed that Acting Sergeant Deane was charged with a crime inconsistent with the gravity of the case and that, despite it involving the death of an unarmed man, he received such an extraordinarily light sentence. The lack of a custodial sentence is in stark contrast to the sentence of six months' imprisonment imposed on native protester Warren George for assaulting police officers (see below).


Legal proceedings against other protesters

Nicholas Cottrelle and Warren George were charged with assault. Warren George was also charged with discharging a firearm and possession of a weapon but charges were dropped prior to trial. Warren George was sentenced to six months imprisonment for assaulting police officers.

Nicholas Cottrelle, who drove the school bus towards the police in response to the police baton beating of Bernard George, was charged with assault, but was found to have acted in self-defence and acquitted. However, Warren George was convicted of criminal negligence and assault with a weapon (a car) and dangerous driving. He was sentenced to six months in jail and banned from driving for two years. George was also charged with discharging a firearm and possession of weapon. Although the prosecution dropped these charges before trial, and no evidence was presented that he had a gun during the confrontation, he was also prohibited from possessing firearms.

About two dozen Natives were also charged with "forcible detainer" (for "detaining" the park). However, all those charges were subsequently withdrawn because, the Prosecution conceded, the Natives had acted under "colour of right", namely an honestly-held belief in a particular state of facts which if it existed, would, at law justify or excuse the act done. Their honest belief in the existence of a burial ground (regardless of whether it actually existed) was sufficient, the prosecution accepted.


The relatives of Dudley George: Seeking the truth in the civil courts

From the outset, Dudley George's family has been calling for a public inquiry into the events that lead to his death.

The Ontario government has always refused to call an inquiry on the grounds that there were pending court proceedings, for instance Deane's appeal. As a result of their refusal, six months after Dudley George's death, his family brought a civil wrongful death lawsuit against Michael Harris, the then Ontario Premier, members of his Cabinet and members of the OPP.

The Statement of Claim sets out the following principal grounds for the lawsuit:

- the police's use of force was wholly excessive given that the Natives were unarmed,
essentially peaceful and not disturbing members of the public;
- the police committed assault, battery and trespass on Dudley George;
- the police were negligent, in particular because they failed to inform themselves of the
protesters' unarmed status, failed to exercise due restraint, consumed alcohol, initiated an
unwarranted mass attack, shot unarmed Dudley George and failed to ascertain that he
was unarmed;
- Harris inappropriately "ordered the OPP to utilize its Tactical Response Unit with the
express purpose and intent of taking severe action against the Protesters at Ipperwash
Provincial Park, thereby deliberately deciding against the employment of patience,
negotiation and other non-violent policing techniques";
- Harris and senior politicians ordered or allowed the Tactical Response Unit to use force,
including deadly force, and permitted members of the OPP to shoot at unarmed Dudley
George.


The government of Ontario, the OPP, and the individual defendants including Premier Harris, denied all of the above. After Dudley's death, Michael Harris categorically denied any political involvement in the killing, stating that the OPP acted independently at Ipperwash stating on 29 May 1996: "At no time - at no time, was there any direction by any political staff or any politicians as to what the OPP should do or how they should carry out their job". Similarly, he told the legislature, on 5 November 1996: "At no time did the police receive any instructions from anybody that I know in my caucus or my office or me or the cabinet". Harris also denied the existence of any evidence of government involvement on 5 February 1997: "There were no files, there were no records because we had no involvement".

However, government meeting notes, police log notes and other documents disclosed in the context of the civil lawsuit suggest political involvement in the Ipperwash decision-making process. The George family obtained notes taken at meetings that took place on 5 and 6 September 1995. The meetings were attended by several Government agencies including the Ministry of the Attorney General's office, the Solicitor General's office, the Ministry of Natural Resources and the Premier's office. One key meeting was held in the Premier's personal office on the afternoon of 6 September specifically to discuss Ipperwash and included several Cabinet members and their aides.

In November 2001, despite the government's attempt to block their release, the Commissioner of Ontario's Freedom of Information and Protection of Privacy Commission ordered the release of 40 affidavits. Over 40 people including Mike Harris, Chris Hodgson (Minister of Natural Resources), Deb Hutton (Harris's senior aide), Charles Harnick (then Attorney General), Robert Runciman (then Solicitor General) and Ron Fox (Special Adviser for First Nations' policy) swore that they had no knowledge of any records concerning the 6 September meeting and that neither the Premier nor any of his staff ordered the OPP to use force that day. Amnesty International finds the claim that no record was made of a meeting involving so many high-ranking state officials highly questionable.

The Commissioner suggested that the Government officials were less than forthcoming during his investigation. They refused to answer direct questions and required him "to accept indirect answers derived from the evidence it chooses to submit", he stated to the media.


Evidence of government involvement at Ipperwash

However, despite the claims made by Premier Harris and others in authority, evidence has emerged that the Government of Ontario was directly involved in the situation at Ipperwash.

An entry, made in a police log at the Ipperwash Command Post on 5 September reads: "09:25 hours (...) S/Sgt Lacroix has been in contact with Marcel Beaubien, local Member of Parliament. He is updating the Premier on the situation".

Harris denied this in the legislature in mid-1996: "We knew nothing of any OPP build-up. It was not our business(...). My staff heard nothing of any build-up. I was informed of no build-up". However, this was contradicted by Marcel Beaubien who, one year after the events, told the media that he was at the OPP command centre and gave the Premier's office constant updates of the events at the Ipperwash Provincial Park.

The entry in the police log timed 18:42 suggests decision-making was at a high level:

Marcel Beubien (sic) advised that he had sent a fax to the Premier advising of his
intentions and that he wanted a return phone call regarding his intentions. Insp.
Carson advised that there is a court hearing for an injunction at 9:00am., 07 Sep 95.
Marcel Beubien (sic) aware of situation.(...) Marcel Beubien (sic) states that he
doesn't mind taking controversy, if situation can't be handled by police services,
something has to be done to handle the situation.

In January 1997, 28 pages of faxes sent by Beaubien to the Premier's office at the beginning of the occupation were released following a Freedom of Information request by members of the legislature.

In the faxes, Beaubien appeared unwilling to use non-violent methods to resolve the dispute:

We are not dealing with your decent native citizens, we are dealing with thugs (...).
How can we negotiate with irresponsible, law-breaking dissidents? We must come to
our senses and take back control (...)".

In contrast with what appeared to be a political intention to take immediate action against the protesters, according to the faxes, Inspector Carson seemed to be in favour of waiting to obtain a court injunction: "Insp Carson advised that things are [moving] towards the court order...Carson (...) wants everything that can be done to stress the point of no one getting hurt".

The government of Ontario was seeking an 'ex parte' injunction (whereby the Natives would not be represented in court) to remove the Natives from the park. This injunction was also part of the plan of the OPP under the 'Project Maple' strategy. These plans to obtain an injunction are inconsistent with the OPP seeking to forcibly remove the protesters on 6 September 1995, with the knowledge that the provincial government would be seeking a court injunction the following morning.

A police log book also records the observations of Les Kobayashi, the park Superintendent: "Les Kobayashi advises that there is great communication between the M.N.R [Ministry of Natural Resources] and the O.P.P [Ontario Provincial Police]".

Further evidence of government involvement was included in Document no.11,774, produced during the civil proceedings initiated by the George family. The document was a transcript of a meeting that took place on 6 September, the day of the police action against the protesters. According to the document, among those present were Harris, his senior aide Deb Hutton, Chris Hodgson and OPP Commissioner Thomas O'Grady, Ron Fox and Larry Taman (Deputy Minister in the Ministry of the Attorney General). The memo mentions that Taman had "cautioned about rushing in with an 'ex parte' injunction" and was "eloquent" in his arguments but that "the Premier and Hodgson came out strong".




The government orders the protesters removed "ASAP"

Early in 1997, a document dated 5 September 1995 from the inter-ministerial committee monitoring the situation at the park was released. It suggested that the government had been involved in planning a response to the occupation: "The province will take steps to remove the occupiers ASAP. The OPP have the discretion as to how to proceed with removing the [Natives] from the park".

Harris explained to reporters in March 1997 that the government "felt there was an illegal occupation of the park". He explained that that "our goal was to get this settled as quickly as possible (...), to get [the park] back in the hands of the rightful owners, the Ministry of Natural Resources". His words, and the document from the inter-ministerial committee, suggest that, at the very least, public officials were putting pressure on the OPP to remove the protesters and may have been directly instructing them to remove the protesters by force.

Another document suggests that Harris was directly involved in giving orders to remove the Natives from the park. An email dated 5 September 1995, sent, after an emergency meeting, by Julie Jai (a senior legal adviser to the government) to Yan Lazor, director of legal services for the Ontario Native Affairs Secretariat, stated: "Deb Hutton had already spoken to the Premier, and MNR [Ministry of Natural Resources] had already spoken to their minister. The Premier's views are quite hawkish on this and he would like action to be taken ASAP to remove the occupiers" (emphasis added). Jai's notes of the 5 September meeting also state: "Prem feels the longer they occupy it, the more support they'll get - he wants them out in a day or 2".

A government memo dated 6 September 1995, only hours before Dudley George was shot dead, states: "mtg re Ipperwash. AG instructed by P. that "he desires removal within 24hrs" - instructions to seek injunction".

The evidence that the Premier's office clearly sought to instruct the OPP to remove the protesters by force is overwhelming. The OPP's previous intention to end the occupation peacefully via negotiation was clearly contradicted by the authorities' instructions to remove the protesters at the earliest possible moment.


Calls for an inquiry ignored

Whenever a loss of life at the hands of state agents occurs, it is vital that the full facts of the event, and the circumstances leading to the killing, are fully investigated and the findings made known to the public. The evidence - much of it uncovered in the context of the civil lawsuit - points to a very strong prima facie (at first sight) case that the government of Ontario interfered in police operations during the Ipperwash occupation.

Since June 1996, Amnesty International has been calling on the Ontario government to launch a public inquiry into the events at Ipperwash.

In a letter to Michael Harris dated 3 June 1996, Amnesty International listed detailed questions requesting further information regarding the events of 6 September 1995 and the subsequent investigations by the authorities. In his reply dated 1 August 1996, Harris refused to provide answers, stating:

As this matter [criminal charges against Deane] is now before the courts, I hope you will understand that, as Premier, it would be inappropriate for me to comment further.

He also assured the organization that "the OPP acts independently of government direction or control". The recently disclosed evidence, only some of which is detailed above, seems to suggest otherwise.

Amnesty International continued to press the Premier for a full, independent, impartial public inquiry into the death of Dudley George. In a letter dated 4 October 2000, Harris suggested that the civil lawsuit could adequately replace an inquiry: "(...) there is already a case before the courts in which the very issues with which you are concerned - the circumstances surrounding the death of Mr. George and related matters - are being litigated". He added that the Superior Court of Justice, before which the case is appearing, is "an independent, impartial tribunal" and that the case is taking place in an "open" and "public" forum.

In December 2000 Amnesty International replied that a civil lawsuit could not replace a public inquiry and pointed out the differences between the two: first, the scope of the civil case is severely restricted by the applicable rules of procedure. Second, in a civil case the burden of proof rests upon the plaintiffs. Furthermore, in this case, the plaintiffs have extremely limited resources. This in itself is an impediment to the facts being fully and impartially investigated. Third, an exclusively civil approach could allow individuals to use judicial procedures to jeopardise the court's effectiveness.

In the same letter, Amnesty International submitted that there was no legal obstacle to a public inquiry taking place whilst legal proceedings were pending. In December 2000, only the appeals of Deane and a Native protester were pending and, since they focused on specific actions of isolated individuals, they were no impediment to the establishment of a public inquiry. Prominent members of the legal profession supported this view: in a memorandum dated 15 June 2000, Susan Swift, a researcher at the Library of the Legislature wrote: "The case law would suggest there is no impediment to the calling of a public inquiry into the Dudley George matter at this time". No reply was received to this correspondence.

Amnesty International continues to press for an inquiry. On 18 June 2003, the organization wrote to the current Ontario Premier, Ernie Eves(12) and reiterated that "Amnesty International is not aware of any legal impediment that would prohibit the government from launching the inquiry, even while civil matters are still pending". Amnesty International also observed that governments in Canada have allowed inquiries and court proceedings to run simultaneously. In particular, the government of Ontario initiated the Walkerton Inquiry even though civil lawsuits were outstanding.(13) To date, no response has been received.

The consensus is that legal proceedings and a public inquiry can run concurrently. However, in view of the government's constant assertion that they cannot, the George family have indicated, from the outset, that they would be willing to suspend and ultimately discontinue their civil suit if a fair public inquiry was carried out. The government replied that this was not possible because too much funding has gone into the proceedings for them to be discontinued.

Moreover, some Government representatives appear to be taking a hostile approach to the George's families' attempts to seek justice through the civil courts. During a preliminary hearing for the civil proceedings, the Government's legal representative appeared to refer to the George family as "terrorists", stating: "Well, governments don't bargain with terrorists and I'm not here to bargain with the plaintiffs today". When challenged about his remarks, the lawyer responded "I'm just saying, governments don't bargain with terrorists. I'm not here to bargain with the plaintiffs on these matters. I am asking questions."(14)


The federal government: ignoring its responsibilities

Amnesty International also called for an inquiry by the federal authorities in a letter to the Prime Minister of Canada, Jean Chrétien, dated 22 September 2000. The Prime Minister placed the authority to open an inquiry onto the provincial government of Ontario, stating:

While the Government of Canada has the authority to call for public inquiries into matters within federal jurisdiction, it does not have the authority to conduct inquiries into the allegations of misconduct by provincial officials and the province's police force.

In April 1999, the United Nations Human Rights Committee also added its voice in calling for a public inquiry in their Concluding observations of the Human Rights Committee, which stated:

The Committee is deeply concerned that the State party so far has failed to hold a thorough public inquiry into the death of an aboriginal activist who was shot dead by provincial police during a peaceful demonstration regarding land claims in September 1995, in Ipperwash. The Committee strongly urges the State party to establish a public inquiry into all aspects of this matter, including the role and responsibility of public officials.(15)


It is the responsibility of the federal government to ensure that Canada meets its obligations and commitments specified in international laws and standards pertaining to human rights.(16)

Amnesty International believes that the authorities' failure to fully clarify the circumstances of Dudley George's death and to fully determine responsibilities is in violation of its international obligations under international laws and standards relating to police behaviour and the protection of the right to life. Article 6 (1) of the International Covenant on Civil and Political Rights, states that "No one shall be arbitrarily deprived of his life.

Detailed standards aimed at preventing the arbitrary depravation of life can be found in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and in the UN Principles on the Effective Prevention and Investigation of Extra Legal, Arbitrary and Summary Executions, Principle 9 of which states that:

there shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances... The purpose of the investigation shall be to determine the cause, manner and time of death, the person responsible, and any pattern or practice which may have brought about that death. It shall include an adequate autopsy, collection and analysis of all physical and documentary evidence and statements from witnesses. The investigation shall distinguish between natural death, accidental death, suicide and homicide. (Emphasis added.)


It has been authoritatively argued that the federal Government does, in fact, have jurisdiction under its "peace, order and good government" jurisdiction as well as under s.91 (24) of the BNA Act.

In a published opinion, Associate Professor of Law at Toronto's York University, Bruce Ryder, stated his belief that the federal Government had the authority to establish an inquiry.(17) Professor Ryder was of the opinion that matters of this nature are of:

...shared federal and provincial responsibility. In areas of shared jurisdiction in relation to Aboriginal peoples or Aboriginal lands, it is the federal government that is vested with the primary constitutional responsibility for securing the welfare of Aboriginal peoples. The federal Inquiries Act empowers the federal Cabinet to establish an inquiry into any matter relating to "good government" or the nation's ...."public business"...Therefore, the federal government has the power to initiate a public inquiry into the circumstances surrounding the fatal shooting of Mr. Dudley George...


Conclusions: many questions left unanswered, a full public inquiry still needed to establish the facts

Eight years after the death of Dudley George and despite evidence of Government interference in the Ipperwash events, neither the provincial nor the federal Governments have established a public inquiry. Yet many questions remain unanswered, including:

· Why, and by whom, was the OPP ordered to deploy increasing numbers of armed forces?
· Why did the OPP attack the protesters, using lethal force, when the protesters offered no
obvious violent threat and apparently possessed no weapons?
· Why did the OPP abandon plans to wait for a properly obtain court injunction under its
"Project Maple" and instead choose to attack the demonstrators after dark?
· Why were none of the 13 negotiators utilised, as outlined in the "Project Maple"?
· Why was Dudley George deliberately shot given that he was unarmed and not in close
proximity with the group of protesters at the time?
· Why can no officer recall seeing or taking part in the medically-verified beating of Bernard
George with blunt objects?
· Why was Marcel Beaubien, Conservative MPP, at the OPP command post just hours
before the killing?
· Why were the computer files of Superintendent Ron Fox, who was working in the Solicitor
General's office at the time, erased with no backup copies available?
· Why did the OPP and federal government mistakenly announce that the officers were fired
upon first, and why has this statement never been corrected or withdrawn in response to
judicial findings to the contrary?
· Why have the governments of Ontario and Canada constantly refused to call a public
inquiry even though there are no legal obstructions to holding one?

The civil lawsuit brought by the relatives is scheduled to commence in September 2003, after considerable obstruction from the Government. For example, the authorities have attempted to block the release of information by fighting to keep meeting notes away from the media. The authorities have repeatedly brought court motions to have the George family's Statement of Claim struck out, always unsuccessfully, but imposing enormous legal costs on the George family. On one occasion, after repeatedly accepting in writing that key court documents had been served within time limits, the province changed its position and argued in court that the documents had been three days late and that therefore the Claim should be thrown out. The Court ruled that service had been within time limits, but the province appealed to the Court of Appeal. On the day before the hearing, the province dropped its appeal. The province also failed to disclose any documents to the George family for years, forcing the George family to go repeatedly to court to obtain ordinary document disclosure.


The Government's lack of cooperation is at odds with Premier Harris's stated eagerness to have the lawsuit proceed on the grounds that the "free-wheeling accusations" against himself and his Government will be proven wrong.

As this paper was being completed, more evidence of the Government's unwillingness to be open and transparent came out. According to media reports, the Assistant Commissioner of Ontario's Freedom of Information and Protection of Privacy had written to the Attorney General and the Minister of Public Safety and Security asking why more than 220 photos and video images of the events at Ipperwash had been kept from the public.(18) The Assistant Commissioner cautioned the ministers that it was an offence to "wilfully obstruct" or "wilfully fail to comply with an order from" the Commissioner and that "It is clear that the Ministry and the Attorney General did not provide me with accurate information throughout my inquiries."

The Government also continues to hold positions not supported by any evidence known to Amnesty International. The provincial Government rejects the finding of Judge Fraser in the Deane trial that the Natives were unarmed and continues to claim that the protesters fired upon the police, despite no evidence being available to support the accusation.
The Natives' claim of the existence of a burial ground within the Park has been confirmed by four federal documents dating back to the 1930s (and the federal government). They were released one week after George's death. Despite these documents, the government of Ontario rejects the Natives' claim to the land, calling them "illegal occupiers".

If the tragic events at Ipperwash are not to be repeated, it must be fully understood how and why they happened in the first place. Why an apparently peaceful occupation escalated into a violent confrontation between police and protesters, resulting in a man's death, is a vital and important question. The full chain of command and ultimate responsibility must be accurately established.

The government of Ontario has provided excuse after excuse for not initiating a full and independent public inquiry. With the passing of time, each excuse has ceased to be relevant - if indeed it ever was. The same is true of the Federal authorities, who have failed to fulfil their obligations under international law.

On sentencing Deane, Judge Fraser remarked: "The decision to embark on this ill-fated mission was not Sergeant Deane's". The family of Dudley George have the right to know exactly whose decision it was. Society as a whole has the right to know the full truth about the circumstances of the killing and those responsible for it. This event has left a question mark over the propriety of the governments and elected officials involved. The time is long overdue for a full, impartial public inquiry into the events at Ipperwash and the killing of Dudley George to be carried out, if not on the authority of the government of Ontario then on the established authority of the government of Canada. To fail to do so is to compound the injustice, and also to flout the clear requirements of Canada's obligations under international law.


********

(1) Page 104, AI index AMR 01/08/92, published October 1992.

(2) Canada. Royal Commission on Aboriginal Peoples. Final Report of the Royal Commission on Aboriginal Peoples. 1996. CD-ROM version, record 7608.

(3) Ibid. Record number 8380.

(4) The expert body that monitors UN member states' adherence to the International Covenant on Civil and Political Rights

(5) United Nations Human Rights Committee Communication No. 167/1984 : Canada. 10/05/90. CCPR/C/38/D/167/1984. Ominayak and the Lubicon Lake Band v. Canada.

(6) Also see Canada: "Time is wasting": Respect for the land rights of the Lubicon Cree long overdue, Amnesty International publication AMR 20/001/2003, published April 2003.

(7) Concluding observations of the Committee on Economic, Social and Cultural Rights: Canada. 10/12/98. E/C.12/1/Add.31

(8) Concluding observations of the Human Rights Committee: Canada. 07/04/99. CCPR/C/79/Add.105

(9) Concluding Observations of the Committee on the Elimination of Racial Discrimination: Canada. 01/11/2002. A/57/18

(10) Without Discrimination: The Fundamental Right of All Canadians to Human Rights Protection. A Brief to the U.N. Committee on the Elimination of Racial Discrimination on the Occasion of the Examination of the Thirteenth and Fourteenth Periodic Reports Submitted by Canada. July 2002. http://www.amnesty.ca/library/canada/un_cerd.htm

(11) Source: One Dead Indian, pages 69 and 73. Author Peter Edwards, published by McCelland & Stewart Ltd 2003, ISBN 0-7710-3047-9.

(12) In 2002, Premier Mike Harris resigned as premier.

(13) The public Walkerton Inquiry examined the background of several deaths caused by the contamination of water supplies in the Walkerton area in May 2000.

(14) Source: "'Terrorist' remark insult to family", Toronto Star, 9 July 2002, quoting from the record of the law suit.

(15) Index CCPR/C/79/Add.105.

(16) For example, Article 28 of the American Convention on Human Rights states inter alia: "Where a State Party is constituted as a Federal State, the national government of such State Party shall implement all the provisions of the Convention over whose subject matter it exercises legislative and judicial jurisdiction. With respect to the provisions over whose subject matter the constituent units of the federal State have jurisdiction, the national government shall immediately take suitable measures, in accordance with its constitution and its laws, to the end that the competent authorities of the constituent units may adopt appropriate provisions for the fulfilment of the Convention."

(17) The opinion was requested by the Coalition for a Public Inquiry into the Death of Dudley George. The opinion was given in March 1999 and can be found at http://www.web.ca/~inquiry/opinion.htm

(18) Source: "Ipperwash photo battle escalates", Toronto Star, 23 August 2003, "Ontario government accused of withholding videotapes", Globe and Mail, 26 August 2003.

http://web.amnesty.org/library/Index/EN ... of=ENG-CAN

[info@anishinabek.ca]

Dudley George killing addressed with United Nations official

Toronto, Ontario

September 25th

Grand Council Chief Earl Commanda, with the full support of the 43 member First Nations that he represents, condemned the human rights record of the Government of Ontario by addressing the "extra-judicial execution" of an Anishinabek Nation citizen to a United Nations Special Rapporteur today.

In a presentation to Mr. Doudou Diène, Special Rapporteur on Contemporary Forms of Racism, Grand Council Chief Commanda called for international support for a public inquiry into the September 6, 1995 shooting death of Anishinabe protester Anthony "Dudley" George.

"We want to see justice served, and see that former Premier Mike Harris,
retired OPP Sergeant Kenneth Deane, and the Progressive Conservative
government are held accountable in the killing of our brother," said Grand
Council Chief Commanda.

Commanda cited the unanswered questions surrounding the death of Dudley George as "one of the most significant issues that has faced the Anishinabek people."

In presenting a document entitled "FOUR DIRECTIONS: A traditional
approach to identifying issues and solutions on contemporary forms of racism", the Union of Ontario Indians identified breaches of no less than four articles of the International Covenant on Civil and Political Rights. These include: (1) the right to effective remedy; (2) the right to life; (3) the right of peaceful assembly; and (4) right to self-determination. The Government of Canada was a signatory to the international treaty that took effect in 1977.

Grand Council Chief offered support to Maynard "Sam" George, the brother of Dudley George, in making his organization's submission to the Special Rapporteur. Sam George has led the George family's wrongful death lawsuit against Mike Harris, Kenneth Deane and a number of senior Conservative government cabinet ministers.

George has repeatedly offered to drop the lawsuit in favour of a full public inquiry. Ontario Provincial Cabinet minister Robert Runciman, one of those named in the George lawsuit, succeeded in having the trial postponed until after the current provincial election campaign.

The Anishinabek Nation incorporated the Union of Ontario Indians as its
secretariat in 1949. The UOI is a political advocate for 43 member First
Nations across Ontario. The Union of Ontario Indians is the oldest political
organization in Ontario and can trace its roots back to the Confederacy of
Three Fires, which existed long before European contact.

-30-

For further information: contact: Bob Goulais, (705) 497-9127,
E-mail: info@anishinabek.ca

[justice now]

As a white man, I know of only one solution to the problem of Native Rights in this country. It simple really...

take YOUR land back.

It was stolen from you and it needs to be taken back.
Act, resist and fight!
Justice for Dudley!
Justice for all murdered Aboriginals!

[justice now]

As a white man, I know of only one solution to the problem of Native Rights in this country. It simple really...

take YOUR land back.

It was stolen from you and it needs to be taken back.
Act, resist and fight!
Justice for Dudley!
Justice for all murdered Aboriginals!

[Friends of Ipperwash]

IPPERWASH INQUIRY PLEDGE RENEWED !!!!

On Friday, October 3rd, Ontario Premier-designate Dalton McGuinty reaffirmed his pledge to call a public inquiry into Ipperwash. This is excellent news.

Many human rights violations will come into full view for the first time as a
result of this long-overdue public accounting for the events of September 6, 1995.

It is good to know that Canadian politicians remember the promises they make once they gain power, and that they remain commited to running a government that is more humane and democratic. We must continue to acknowledge the diligence and effort of both Gerry Phillips and Howard Hampton, as well as the Liberal and NDP caucuses... without this committment to justice we would not have the promise of The Truth finally emerging. Miigwetch. A hartzikn dank.
Thank you.

In calling for The Truth, the Coalition for a Public Inquiry into Ipperwash
speaks for thousands of individuals, and hundreds of organizations
representing millions of people. We are of the view that this inquiry must
look at the underlying circumstances that led to the non-violent occupation protest of Ipperwash park by Aboriginal rights activists. This inquiry must address the long-standing issues of failure to safeguard the ancient cemetery in what is now known as Ipperwash Park, which is part of the land set aside by the Crown as territory of the Stoney Point People (Reserve #43). It must also address the matter of the failure to return Aazhoodena (Stoney Point territory) to the Stoney Point People at the end of World War 2.

It may be late, but there is an All Chiefs Special Assembly tomorrow October 8/9). Perhaps this matter could find itself on their agenda for a resolution calling on the Ontario government to include these matters explicitly in their act that creates this inquiry. Perhaps this will not be possible, as time is so short and many AFN political leaders will already be travelling to the conference location. In any event, I ask that you forward this message to all contacts who MIGHT be able to discuss this matter at the Assembly. If you don't know someone personally who will be attending, you can contact the National Chief''s Office at nco@afn.ca Ontario residents might also contact their local MPP's.

Dudley George would not have been slain by police bullets at Ipperwash if
previous Canadian governments had acted honourably towards the Stoney Point People. These kinds of troubles have been witnessed across Canada many times in recent years. The only way to ensure that no further life is lost by Aboriginal rights activists in pursuit of their land, treaty, cultural, and other human rights is to have a full investigation of the underlying as well as the actual events related to Dudley's death. Only through this encompassing examination will it be possible for the inquiry to draft recommendations to prevent further loss of life in such circumstances.

In solidarity,
Ann Pohl

****************************
****************************
REMINDER: if you live in or near Toronto, please remember to attend...

FRIDAY, OCT. 10, 2003, 7:30 PM
MASSEY HALL, SHUTER & VICTORIA ST., TORONTO

HIS SPIRIT LIVES ON
with
BUFFY SAINTE MARIE
MOLLY JOHNSON

**** and special added attraction DEREK MILLER ****

MC: Actress Tantoo Cardinal
With Guests: Juno Award Winner Derek Miller, Comedian Charlie Hill,
Guitar Ace
Don Ross, A Cappella Singers Ulali, The Old Mush Singers from Six Nations

An evening to support the launch of an Aboriginal youth education fund in
memory of DUDLEY GEORGE.

Sponsored by: ELEMENTARY TEACHERS of TORONTO

Tickets $18.50
Available at:Toronto Women's Bookstore, Native Canadian Centre of
Toronto, Roy
Thomson Hall Box Office
Charge by phone: Ticketmaster (416) 870-8000
Massey Hall/ Roy Thomson Hall Box Office (416) 872-4255
Order on-line: www.masseyhall.com; www.ticketmaster.ca

Endorsed by the Elementary Teachers Federation of Ontario; Turtle Island
Support Group; Coalition for a Public Inquiry into Ipperwash; Leonard Peltier
Defense Committee Canada (Coalition); Native Canadian Centre of Toronto;
Tanto's Nephews Comedy Troupe

For more info call: 416-537-6100 ext. 53
www.whokilleddudleygeorge.com

By filling Massey Hall (just like we did Convocation Hall last year!), we can
help ensure that the new Ontario government hears our call for a full,
public, fair judicial inquiry that investigates the underlying circumstances as well as the events at Ipperwash Park on September 6, 1995.

[CHRY FM]

Tune into Dudley George radio show - Friday October 10, 2003 3pm

--------------------------------------------------------------------------------

Remembering Dudley George: Isolated incident or trend?
Radio Show presented by Kaleidoscope.

We're looking at the incident, the aftermath, and where to from now since McGuinty has promised an inquiry.....

Interviews with Sam George, Lynette Dubois-Taylor, Prof. Shin Imai and more.

Also features a live discussion on how assertions of Aboriginal sovereignty are received in Australia and Canada?

TUNE IN TO 105.5 CHRY FM (if you live in North York) otherwise, listen online at http://www.yorku.ca/chry/on Friday 10 October 2003, 3-4pm.

[info@anishinabek.ca]

Anishinabek Nation Grand Council Chief pleased about Ipperwash inquiry

Harris will be called to testify

VANCOUVER, BC

Oct. 9, 2003

Grand Council Chief Earl Commanda has expressed his optimism that justice may finally be served in the eight year-old controversy surrounding the death of Dudley George at Ipperwash.

"I am certainly pleased that Premier-Designate McGuinty will soon appoint
an independent inquiry into the Ipperwash matter," said Grand Council Chief Commanda, who is attending the Assembly of First Nations (AFN) confederacy meeting in Vancouver this week. "We have waited eight years to know exactly what happened the night Dudley George was shot and killed. I'm optimistic that the truth will be heard, and justice will be served."

Last week, the George family settled a wrongful death lawsuit, paving the
way for a full public inquiry. In the days following the provincial election,
Ontario Premier-Designate Dalton McGuinty announced that he will call a full independent inquiry "as soon as possible" into the death of Anthony "Dudley" George. McGuinty will be sworn in as Ontario's 24th premier later this month.

Dudley George was shot and killed by former OPP officer Kenneth Deane,
during the occupation of Ipperwash Provincial Park in 1995. Subsequently,
Deane was convicted of criminal negligence causing death but has not served any time in jail for his role in the killing. Deane, the OPP, former Premier Mike Harris and a number of senior Progressive Conservative cabinet ministers were named in the wrongful death suit.

The former Progressive Conservative government had refused to call a
public inquiry into the matter stating the matter was before the courts. The
George family had repeatedly offered to drop the lawsuit if a public inquiry
was held. Anticipating a Liberal victory in the provincial election held
October 2, the George family did just that - settling the lawsuit for just
$100,000 and undisclosed legal costs.

"When it became obvious that there would be a change of government, it
made no sense to begin the imminent trial," said Sam George, brother of
Dudley, and spokesperson of the George family.

"We will finally have a public inquiry, after eight years, and what we
hope will come out of this is the truth so we and the public can finally find
out why my brother Dudley died at the hands of the Ontario Provincial Police," said Sam George.

Both Grand Council Chief Commanda and Sam George feel the comments made by former Premier Mike Harris were premature. Harris feels he has been exonerated now that the civil case has been settled.

"Mr. Harris will be called to testify," said George.

The Anishinabek Nation incorporated the Union of Ontario Indians as its
secretariat in 1949. The UOI is a political advocate for 43 member First
Nations across Ontario. The Union of Ontario Indians is the oldest political
organization in Ontario and can trace its roots back to the Confederacy of
Three Fires, which existed long before European contact.

-30-

For further information: contact: Bob Goulais, info@anishinabek.ca,
(705) 497-9127

[infocom@pro.net]

Ipperwash Inquiry legal Counsel announced

Toronto, November. 24th, 2003

W.A. Derry Millar, a senior litigation counsel, has been appointed lead Counsel for the Ipperwash Inquiry, The Honourable Sidney B. Linden, Commissioner of the Inquiry, announced today.

Mr. Millar is a partner in the Toronto law firm WeirFoulds LLP and is a
bencher of the Law Society of Upper Canada, the legal profession's governing body. He has served as chair and vice-chair of many Law Society committees including the Equity and Aboriginal Issues Committee.

Mr. Millar was called to the Ontario Bar in 1974. His wide-ranging
experience includes acting as chair of boards of inquiry established in the
1980s to hear complaints against police officers of the Metropolitan Toronto Police.

Mr. Millar graduated from the Dalhousie Law School in Halifax, Nova
Scotia, in 1966 and subsequently served as Law Clerk to the Honourable Mr. Justice Ritchie of the Supreme Court of Canada. In 2001, he was elected a Fellow of the American College of trial Lawyers.

His practice at WeirFoulds is exclusively civil litigation and administrative law including aviation, commercial, estates, environmental, insurance, products liability and real estate.

The Ipperwash Inquiry was established by the Government of Ontario on
November 12, 2003 under the Public Inquiries Act. Its mandate is to inquire and report on events surrounding the death of Dudley George who was shot and later died during a protest by First Nations at the Ipperwash Provincial Park in 1995.

The Inquiry is also directed to make recommendations directed to the avoidance of violence in similar circumstances.

For further information: Derry Millar: (416) 947-5021; Media Contact:
Peter Rehak: (416) 992-0679

[info@anishinabek.ca]

First Nation Leaders Speak Out Against O.P.P. Racist Remarks

Assembly of First Nations National Chief Responds to CBC Report on Comments Made by Officers During the Ipperwash Protest

January 21, 2004

A news story by the Canadian Broadcasting Corporation highlights not only the need for an inquiry into the shooting of Dudley George at Ipperwash, but the pervasive and systemic problems in Ontario's justice system, including policing, as it relates to First Nations peoples, says the National Chief of the Assembly of First Nations.

Assembly of First Nations National Chief Phil Fontaine stated, "The
comments made by these undercover officers are racist and offensive and are clearly unacceptable. This demonstrates why the Inquiry into the shooting death of Dudley George must have the full powers and scope to explore all aspects of the events and attitudes that led to this wrongful death and must not be limited to a specific individual."

The National Chief stated that this news report must not be seen as an
isolated incident but points to a more disturbing, deeper problem in the
justice system.

"We know that not all police or those in the justice system are racist,
but it is equally clear that this problem is systemic," said the National
Chief. "The inquiry into the alleged 'starlight tours' that led to the death
of Neil Stonechild in Saskatchewan and the recent report from the British
Columbia Police Complaints Commissioner calling for an inquiry into the death of Frank Paul make it obvious that the problem of racism and unequal treatment is unacceptably widespread across the country"

Many reports and inquiries over the years have pointed to the systemic
problems and provide recommendations to address the situation. These include the 1991 report of the Aboriginal Justice Inquiry in Manitoba and reports by the Royal Commission on Aboriginal Peoples. The National Chief noted that there are many progressive recommendations in these reports that provide direction for real change.

The National Chief stated, "Our concerns are well-documented and well-
substantiated. We believe that a systemic problem requires a systemic
solution. We need more than sensitivity training. We need a national and
sustained strategy that involves key players in the justice system and all
levels of government. We need to ensure justice systems respect First Nations peoples and reflect First Nations approaches and values. We need more recruiting of First Nations people across all levels of law enforcement. We must look at these many reports and give life to their recommendations now before one more life is lost."

The Assembly of First Nations is the national organization representing
First Nations citizens in Canada.

For further information: Don Kelly, AFN Communications Director,
613-241-6789 ext. 320 or cell 613-292-2787; Ian Mcleod, AFN Communications Officer (Bilingual), 613-241-6789 ext. 336 or cell 613-859-4335; Nancy Pine, AFN Communications Advisor, 613-241-6789 ext. 243 or cell 613-298-6382

-------------------------------------------------

First Nations disturbed over OPP comments

North Bay, Ontario
January 21, 2004

The leader of 43 First Nations in Ontario has expressed the concern and displeasure of First Nations people in light of Ontario Provincial Police (OPP) footage aired by the CBC yesterday. The footage contains explicit, racist comments made against First Nations by OPP officers posing as media during the Ipperwash standoff in 1995.

"We are appalled and disturbed over the racist comments made by Ontario
Provincial Police personnel," said Anishinabek Nation Grand Council Chief Earl Commanda. "These statements are disturbing to the family of Dudley George, his community and to all First Nations people."

Grand Council Chief Commanda acknowledges the apology given by the
Ontario Provincial Police, but feels that an apology and discipline falls
short of addressing the more apparent issue: racism within the police force.

"These types of statements are indicators of a real problem of racism
within OPP ranks," said Commanda. "It raises further questions that certain events at Ipperwash may have been hate-motivated."

The day after the taped comments were recorded, Dudley George was shot and killed by former OPP officer Kenneth Deane, during the occupation of Ipperwash Provincial Park in 1995. Subsequently, Deane was convicted of criminal negligence causing death but has not served any time in jail for his role in the killing. The judge in the case found that Dudley George, and other activists were not armed.

Grand Council Chief hopes that investigation results into these comments
may be released to First Nations.

"Every Ontarian should be concerned over this type of behaviour by people in a position of authority who have the responsibility to protect us," said the Grand Council Chief.

Grand Council Chief Earl Commanda has expressed his continued support to Sam George, his family and community of Kettle and Stony Point First Nation. A public inquiry into the death of his brother Dudley George is expected to begin this fall.

The Anishinabek Nation incorporated the Union of Ontario Indians as its
secretariat in 1949. The UOI is a political advocate for 43 member First
Nations across Ontario. The Union of Ontario Indians is the oldest political
organization in Ontario and can trace its roots back to the Confederacy of
Three Fires, which existed long before European contact.

For further information: contact: Bob Goulais, info@anishinabek.ca,
(705) 497-9127, CELL: (705) 498-5250

[www.rtndacanada.com]

RTNDA Condemns OPP Actions at Ipperwash

Toronto,
Jan. 21,2004

The Radio-Television News Directors Association of Canada strongly condemns the actions of the Ontario Provincial Police for allowing several of its officers to pose as members of the news media during a 1995 protest involving native burial grounds at Ipperwash Provincial Park.

In a letter to OPP Commissioner Gwen Boniface today, RTNDA President
Terry Scott says "these police tactics are simply unacceptable."

The police actions came to light yesterday through a videotape that the
CBC's The Fifth Estate obtained through an access to information request.

The video, rife with racist remarks by two OPP officers, reveals for the first
time that OPP members posed as a news crew to help gather information during the protest. It was recorded the day before the shooting death of native protestor Dudley George.

Scott says the safety of journalists may be jeopardized if people think
reporters are not who they appear to be, of if they are seen to be working as agents of police, especially during tense or violent situations.

"We urge the OPP to condemn such tactics and offer a public assurance to
members of the news media that this sort of activity will never be repeated," says Scott.

At their National Convention in June 2000 in Vancouver, RTNDA members
overwhelmingly approved a resolution strongly condemning police officers
portraying themselves as journalists or cameramen.

The resolution was sparked by two incidents that year, including one in
Luxembourg in which police commandeered a video camera, a TV station jacket and media credentials and, posing as journalists, shot a deranged man who had been holding children hostage. The gun police used was hidden in the camera.

RTNDA is the premiere association for electronic journalists in Canada,
representing almost 500 news managers and journalists along with students of broadcast journalism. The RTNDA Code of Ethics is administered by the Canadian Broadcast Standards Council to mediate disputes and adjudicate complaints.

For further information: contact Terry Scott at (416) 507-2126
www.rtndacanada.com

[www.caj.ca/]

Canadian Association of Journalists

January 21, 2004

The Canadian Association of Journalists condemns the move by Ontario Provincial Police officers posing as journalists in the days leading up to the shooting of native rights activist Dudley George in 1995.

"This is a troublesome tactic by police that threatens the work of
legitimate journalists seeking the truth," said CAJ president Paul
Schneidereit. "When the public doubts the real identity of journalists, vital
information dries up and the public interest is undermined."

Information about police posing as journalists was recently revealed
through video tapes obtained by the CBC under access to information laws.

Journalists depend on their credibility to build trust in relationships
with sources. Police posing as journalists threatens that credibility.

At worst, such tactics could endanger reporters' safety. Journalists
covering sensitive issues like the Ipperwash case have reported intense anger from the public, some of whom have come to see journalists as police assistants rather than independent observers.

This isn't the first time police have used the profession of journalism
to further their own investigations. In 2001, the CAJ spoke out against RCMP officers in British Columbia posing as journalists to apprehend an escaped convict hiding in the B.C. interior.

"Police have already been compromising our ability to do our jobs by
seizing notes, video and audio tapes that threaten journalistic independence," said Schneidereit. "Impersonating journalists is a further attack on both our credibility and safety."

The Canadian Association of Journalists is a professional organization
with more than 1,300 members across Canada. The CAJ's primary roles are to provide public interest advocacy and quality professional development for its members.

-30-

/For further information: Paul Schneidereit, president: (902) 426-1124;
Robert Cribb, past-president: (416) 869-4411; John Dickins, Executive
Director: (613) 526-8061, Cell: (613) 290-2903/

[admin]

The Ipperwash Inquiry will hold hearings on standing and funding starting on April 20, 2004, in Forest, Ontario, Justice Sidney B. Linden, the Commissioner of the Inquiry, announced today.

The hearings will be held at the Forest Memorial Community Centre
(Kimball Hall) at 6276 Townsend Line, in Forest. Forest is part of the
Municipality of Lambton Shores.

The hearings will continue as required on
April 21, 22 and 23.

On April 20, the hearings will be held from 10:30 a.m. to 5 p.m., on
subsequent days from 9:30 a.m. to 5 p.m.

Standing before a Commission of Inquiry gives the individual or
organization the right to take part in the proceedings and to make submissions on terms set by the Commissioner. The Inquiry is inviting applications from any person or group who has a substantial and direct interest in the subject matter of the Inquiry or whose participation may be helpful to fulfill the Commissioner's mandate.

Applications for standing and funding should be submitted by 5:00 p.m. on
Thursday, April 8, 2004, by delivering a copy to the Commission's offices. The address is: 250 Yonge Street, 29th Floor, P.O. Box 30, Toronto, Ont. M5G 2N7; Telephone 416-314-9200; Fax (416) 314-9393; e-mail:
feedback@ipperwashinquiry.ca

The Commission's draft Rules of Procedure and on Funding as well as more information on the hearings may be found on the Inquiry's web page at: www.ipperwashinquiry.ca

The public is invited to comment on the draft rules by March 15, 2004.

The Ipperwash Inquiry was established by the Government of Ontario on
November 12, 2003, under the Public Inquiries Act. Its mandate is to report on events surrounding the death of Dudley George, who was shot in 1995 during a protest by Aboriginal people at Ipperwash Provincial Park and later died. The Commission is also directed to make recommendations that would avoid violence in similar circumstances.

The Commissioner intends to separate the inquiry into two phases that
will run concurrently. Part 1 will deal with the events surrounding the death
of Dudley George. Part 2 will deal with the policy issues and recommendations directed to the avoidance of violence in similar circumstances.

The hearings proper will start on July 12, 2004 at the Forest Memorial
Community centre, the same venue where the hearings on standing will be held.

A tentative schedule is available on the Inquiry's web page
www.ipperwashinquiry.ca

For further information: and interviews: Derry Millar, Lead Counsel:
(416) 314-9258; media contact and information: Peter Rehak, (416) 212-6876

[MiQQ]

If we re-read every post on this message board regarding Dudley George and we replace the word, "killed" with the word, "murdered", we will begin to get a deeper sense of what this atrocity truly was - MURDER.

I prefer not to be 'negative' but, for many, the word, "kill" leaves open the possibility for justification. Dudley George was murdered. There is no (and can never be) justification for that.

[admin]

Ipperwash Inquiry Receives 35 Applications for Standing

April 15, 2004

The Ipperwash Inquiry has received 35 applications standing and funding.

The applications will be heard from on April 20 to 23 in Forest, Ontario before Justice Sidney B. Linden, the Commissioner of the Inquiry.

The applicants include the estate and family of Anthony "Dudley" George,
who was shot during a protest by Aboriginal people at Ipperwash Provincial Park in 1995 and later died; the Ontario Provincial Police; the Ontario Provincial Police Association; the Ministry of the Attorney General and former Ontario Premier Michael Harris.

A complete list and schedule is available on the Inquiry's web page:
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash

The hearings will be held at the Forest Memorial Community Centre
(Kimball Hall) at 6276 Townsend Line, in Forest. Forest is part of the
Municipality of Lambton Shores. On

Standing before a Commission of Inquiry gives the individual or
organization the right to take part in the proceedings and to make submissions on terms set by the Commissioner. The applicant must show a substantial and direct interest in the subject matter of the Inquiry or whose participation may be helpful to fulfill the Commissioner's mandate.

The Ipperwash Inquiry was established by the Government of Ontario on
November 12, 2003, under the Public Inquiries Act. Its mandate is to report on events surrounding the death of Dudley George.

The Commission is also directed to make recommendations that would avoid violence in similar circumstances.

A tentative schedule for evidentiary hearings is available on the
Inquiry's web page http://www.attorneygeneral.jus.gov.on.c ... /ipperwash

For further information: and interviews: Derry Millar, Lead Counsel:
(416) 314-9258; media contact and information: Peter Rehak (416) 212-6876; cell: 416-992-0679