Turtle Island Native Network
http://www.turtleisland.org

Justice for Aboriginals

Turning up the Heat
on Ontario Premier Mike Harris and the Dudley George Killing
at Ipperwash Park in 1995

What will it Take to Get to the Truth?

TURTLE ISLAND SUPPORT GROUP:
Canadians & Indigenous Peoples
Working Together In Solidarity
Newsletter # 2 ~ May, 2001

Harris 'Forgets' Discussions with OPP

Premier Harris has executed a stunning public assembly of reversals and
flip-flops on the extent of his discussions with OPP commanders prior to
Dudley George's murder by Kenneth Deane. Presenting one of the very best
arguments in favour of a public inquiry -- RIGHT NOW with no more delays --
his excuse for the changing stories is that, after 5 and 1/2 years, it is
getting harder and harder for the principal individuals involved to
remember precisely what happened. Several of the news stories reporting
these curious events mentioned that he was touring a Niagara region winery
when he made some of the comments... any connection, one wonders? Are the
media trying to tell us something about the Premier's behaviour?

Whatever! Harris' tricks and lies can't keep the matter 'under wraps'. The
intrepid defenders of justice - Gerry Phillips (LIB MPP) at the forefront -
with Howard Hampton (ONDP Leader), Toronto Star reporters Harold Levy &
Peter Edwards, Globe reporter Richard Mackie, and others right behind -
have not missed a beat in reminding Harris what is already on the public
record.

Last December, in the Ontario Legislature, Harris admitted he met OPP
Commissioner O'Grady on the day of the police assault. In early May, the
Premier said that he never met with O'Grady, and then he said that he did -
but only after the fatal police shooting of Dudley George. Commissioner
O'Grady maintains that he never met with Harris on this matter.

As well as the Toronto Star's excellent coverage of this political soap
opera, the Saturday May 5th Globe & Mail editorial took up these flip-flops
in a direct and pointed way calling for a public inquiry. This is an
excellent sign, because the Globe, seen as a Conservative newspaper, has
been editorially silent on Ipperwash for a LONG time.

After almost six years, even normally conservative voices continue to be
raised in concern. This issue will not die. The truth must come out.

Documents Reveal Department of National Defense Involvement in
Ipperwash Case

The Coalition for a Public Inquiry into Ipperwash has obtained documents
through "Access to Information" legislation that show clearly the federal
government's knowledge of and response to the occupation of Ipperwash
Provincial Park by members of the Stoney Point First Nation in September of
1995. Among the 158 pages of documents is evidence that:

The OPP requested Department of National Defense support, which included
both intelligence and equipment

Troops were patrolling the occupied area prior to September 5. Members of
the Stoney Point First Nation involved in the occupation have always
maintained they saw military personnel in the woods.

Both the OPP and the military were fully aware that the Natives
occupying the Park numbered no more than 30 to 40 on September 6, as they
were closely monitoring their activities.

The OPP stressed reports of firearm use in the Park both prior to the
shooting of Dudley George on September 6, 1995, and following the incident.
No evidence of firearms used by Natives was ever recovered from the Park.
In finding Sergeant Kenneth Deane guilty of criminal negligence causing
death in connection with the shooting, Judge Hugh Fraser ruled that Deane
knew George was unarmed when he shot him.

The OPP circulated information about Dudley George's criminal record to the
military after his death.

The Department of National Defense was collecting media information that
linked the Stoney Point occupation to other Native "standoffs" in which
firearms were used.

OPP requested to borrow two military bisons, "which were to be painted and
decaled in OPP colours" on September 6, the day George was shot.

Following the shooting, the Department of National Defense planned with the
OPP for the possible escalation of the conflict over a period of many
months, outlining a plan for four levels of possible involvement.

The military had a detailed "Public Affairs Approach" designed to minimize
their involvement and emphasize that the "OPP are in charge of operations
at Ipperwash." Military personnel working with the OPP were to wear
"civilian dress."

On the basis of this evidence, the Coalition for a Public Inquiry into
Ipperwash is renewing its call for a federal inquiry, and will be
requesting further documents from the Department of Indian and Northern
Affairs under the Access to Information Act.

A Statement from the Coalition for a Public Inquiry into
Ipperwash,[prepared by Robin Buyers, CPI Facilitator; amended and adopted
at CPI Core Group meeting on May 3, 2001]

When politically significant events such as the deadly police assault on
Dudley George and other members of the Stoney Point First Nation in
Ipperwash Provincial Park in September of 1995 occur, many issues are
raised both by the events themselves and by responses to the events.
Currently, a number of groups are addressing these issues in different
ways, including, among others, the newly formed Stoney Point Support
Network, Anti-Racist Action, the Ipperwash Justice Fund, and the Coalition
for a Public Inquiry into Ipperwash. That new groups continue to
be formed is a testimony to the ongoing importance of issues of Aboriginal
land and treaty rights, systemic racism, police brutality, and government
accountability to First Nations and Canadian communities.

At this time, the Coalition for a Public Inquiry into Ipperwash wants to
renew our commitment to the "Basis for Unity" we established when we began
our work in December of 1997 (see www.web.net/~inquiry) and to clarify our
position with respect to some of the issues and strategies raised by other
groups.

First and foremost, the Stoney Point people, the Aazhoodenaang Enjibaajig,
have the right to their traditional territory and the right to
self-determination as a people. We unequivocally support these rights.
The courage of Dudley George and of other Stoney Pointers in taking direct
action to re-occupy their land in 1993 and in the years following inspires
us. We do not accept that the Stoney Point people are represented by the
federally-established Kettle and Stony Point Band Council, and believe that
this longstanding injustice must be made right. Consequently, we recognize
that the "Wrongful Death" civil suit
brought against Premier Harris and other members of government by Sam
George will not in any way address the all-important land and treaty issues
that led the Stoney Point people to occupy Ipperwash Park in the first
place. That is why our focus has always been on a full public inquiry, and
why we have fought for such an inquiry at both the provincial and the
federal level.

While the scope of the civil case is limited to the abuse of power relevant
only to Dudley George's death, we do not believe that it in any way
prevents the calling of a public inquiry at either level of government.
Although the case has been used as an excuse for not calling an inquiry by
Premier Harris, both our own legal opinion, prepared by Professor Patrick
Macklem in 1998, and that of the non-partisan research officers at the
Ontario legislature in 2000 agree that "parallel civil
proceedings [do] not preclude the government from establishing a public
inquiry." In addition, the Ontario Ombudsman called for an inquiry in her
1998/99 Report to the Legislative Assembly, following a complaint filed by
the Coalition.

At the federal level, where the jurisdiction for "Indians and lands
reserved for Indians" lies and, thus, accountability for the dispossession
of the Stoney Point people, the civil case has not been raised as a barrier
to an inquiry. Instead, the Minister of Indian and Northern Affairs has
sidestepped the land and treaty issues, and maintained "the administration
of justice in [Ontario] and their internal management of the Ontario
Provincial Police are matters of provincial concern." Never the less, the
United Nations Human Rights Committee called upon the federal government to
call an inquiry in reviewing Canada's compliance with the International
Covenant on Civil and Political Rights in 1999.

The Coalition has, therefore, continued to press for a federal inquiry and
welcomes any effort by any individual or group towards this end. We are
happy to share our substantial files, including materials recently acquired
through "Access to Information" legislation and our legal briefs. At the
same time, we will continue to circulate information on the civil case and
the work of the Ipperwash Justice fund not because it is a sufficient
vehicle for dealing with the underlying Aboriginal rights issues, but
because it is the primary avenue that currently exists to hold the
provincial government accountable for its human rights abuses.

We fully support the recent call by Pierre George for "Police Act" charges
to be brought against officers who produced racist memorabilia for OPP
members at Ipperwash. The Coalition believes that the deadly attack on
Dudley George and the Stoney Point people in 1995 marked an escalation of
police violence supported by the Harris government and directed both at
those most marginalized in Canadian society and at those engaged in public
protest. We have been increasingly involved in speaking out against police
brutality and the systemic racism in the "JustUs" system.

The Coalition does not work directly with either Sam George or Pierre
George, though we have contact with both of them and with other members of
the Stoney Point community. The Core Group that plans Coalition strategy,
based in Toronto, continues to include both Native and non-Native men and
women from a wide range of backgrounds. We are committed to being a
catalyst for action on all of the issues surrounding the death of Dudley
George and the dispossession of the Stoney Point people. We are also a
source of information on these issues and on efforts to see an inquiry
called and justice done. At this time, our primary focus is on strategies
under international law, as we believe that finding the justice we seek
under Canadian law is now unlikely.


Pierre George Requests Information from the SIU, provoking EVEN
MORE Cover-Up!

On May 16, 2000, it emerged in a London Free Press article that Pierre
George, Dudley's brother who carries on the work of fighting for
sovereignty for the Stoney Point People, "had asked the province's Special
Investigations Unit, which probes police actions in which civilians are
injured or killed... for more information on its investigation into the
circumstances surrounding his brother's death."

The May 16th article continues, "SIU counsel Joseph Martino responded in a
letter that an inquest was under consideration, but "until such time as a
decision is made, the coroner's office has requested that our office not
release further information and materials from our file in this matter."

Pierre reiterated his opposition to the civil court case - brought by Sam
George and supported by others of Dudley's siblings - which names the
Premier and many others as responsible for Dudley's death, and mentioned
that he's alarmed that "memories of the shooting are fading". Referencing
the Premier's memory problems, Pierre continued, "I've always maintained
that Harris was stalling over the years so people would forget. Have his
stalling tactics finally worked? He can't even recall what happened."


Ipperwash Inquest Not Sufficient [London Free Press, May 17/01]

A coroner's inquest, if one is called, will not change the need for a
full-scale inquiry into the 1995 shooting death of native protester Dudley
George, says a spokesperson for the Coalition for a Public Inquiry into
Ipperwash.

Ann Pohl said yesterday an inquest would be welcome because it would bring
out more information about the shooting. But an inquest would not address
the range of issues the coalition wants explored by a public inquiry, she
added.

George was shot and killed by OPP Sgt. Kenneth Deane in 1995 during a
standoff between police and natives occupying Ipperwash Provincial Park on
Lake Huron. Since then, George family members and their supporters have
made repeated calls for a public inquiry into the circumstances surrounding
the shooting.

Premier Mike Harris has steadfastly refused to call one, saying no inquiry
is possible while a civil suit by members of the George family is before
the courts.A spokesperson in his office repeated that position yesterday.
The suit names Harris and several members of his cabinet. It's working its
way through the courts.

Regional coroner Dr. Tom Wilson said this week an inquest into the George
shooting is under consideration. "We are gathering information and it may
be some considerable time before a decision is made," he said.

Any public examination of the death would be good, Pohl said. "But clearly
an inquest would not get at the scope of issues our coalition has been
asking for an inquiry to cover." The coalition wants an inquiry to examine
the underlying causes of the protest and the role of public officials in
the confrontation between police and protesters.

"We feel a full inquiry will be able to look at a lot of the issues that
still need to be resolved," Pohl said. "These issues come out in a very
clear way in Ipperwash, but in general need to be resolved between
native people and Canadians."

It's a matter of resolving enforcement of the country's laws as they apply
to native people and native people's rights to protest for their human and
aboriginal rights.

The coalition includes union and church groups, aboriginal organizations,
human rights groups and others. More than 120 organizations are
involved."We're pretty big, but we've been unable to get an inquiry," Pohl
said. "There are some powerful secrets being withheld."

George's brother, Pierre George, agrees an inquest wouldn't be sufficient
to bring out all the circumstances of the shooting. "A public inquiry is
what we need," he said yesterday. He said there's much to learn about the
OPP role in the Ipperwash confrontation and what part politicians and
government officials played.


WHAT YOU CAN DO ABOUT IPPERWASH

Keep the issue alive - write letters to the editor on:
---- Harris' memory problems;
---- the need for a public inquiry;
---- the preferential treatment the police and the SIU have extended to
convicted criminal Ken Deane.

Also, write Prime Minister Jean Chretien or Robert Nault, Minister of
Indian Affairs and Northern Development (both c/o the Parliament Buildings
in Ottawa with free postage). It is a federal fiduciary responsibility to
call an inquiry into Ipperwash. Getting to the bottom of the injustice and
wrongdoing associated with the police assault and the many violations of
land, treaty and cultural rights is the only way of ensuring there will be
no repeat in other Aboriginal communities fighting for their rights.

Monitor what is going on with the OPP proceedings regarding Sgt. Deane's
status as a police officer as well as matters relating to the moneys
advanced to him by the OPP for his defense, now that he has lost all
appeals. Write letters to the editor, politicians (particularly provincial
and federal Solicitor Generals), and the police on these events.

The Justice for Ipperwash Fund needs support. These are the volunteers who
are raising funds to finance the civil case re: Dudley's Wrongful Death,
against the Premier, Runciman, Harnick, Beaubien, OPP Commissioner O'Grady
and many others. They need MONEY, telephone help to request donations, and
some other administrative volunteers. While the case will not reveal all
circumstances surrounding the events at Ipperwash. It has
and will continue to uncover hidden pieces of the truth. To support this
effort, contact Mez at 416-889-2837


For more on ABoriginals and Justice Issues see
http://www.turtleisland.org/news/news-justice.htm



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