STAFF REPORTERS
The Toronto Star
The credibility of former premier Mike Harris and his senior aide Debbie Hutton came directly under attack yesterday in lawyers' final arguments in the 25-month public inquiry into the shooting death of native activist Anthony (
"The full truth of what Mike Harris' involvement in Ipperwash (was) will never be known, because he and Deb Hutton...were obviously not completely truthful and forthcoming about the roles that they played," the George family said in their written final brief to the inquiry into the fatal shooting of George in a massive Ontario Provincial Police operation at Ipperwash Provincial Park late at night on Sept. 6, 1995.
The George family focused on testimony from former attorney general Charles Harnick, who told the inquiry that Harris told a meeting of government officials and police about nine hours before the fatal shooting: "I want the f---ing Indians out of the park."
"They did get Dudley George out of the park that night," George's brother, Sam, told the inquiry, accusing Harris of "deceiving the Legislature for many years."
Harris and Hutton have repeatedly stated they did not direct police in the Ipperwash operation, which occurred two days after Stoney Point natives occupied the park, saying it contained sacred burial grounds. Their claims were later supported by documents released by the federal government.
Lawyers for Aboriginal Legal Services (ALS) in
They urged Commissioner Sidney Linden to recommend that strict disciplinary measures be taken against elected officials who are found to have lied in the Legislature and called for a civilian oversight body to monitor the OPP.
Lawyers for the Chiefs of Ontario (a coordinating body of First Nations communities) laid the blame for Dudley George's death on Harris's doorstep, and accused the OPP of bending to political pressure in its decision to send heavily armed officers from the paramilitary and crowd-control units towards the park in the night.
Even the legal team for Harnick pushed for as much distance as possible between their client and direction of the police actions in the park, in which seven OPP officers opened fire on Stoney Point band members.
However, Harnick's lawyers stopped short of blaming Harris for George's death.
"Mr. Harris's words were intemperate and inappropriate," Harnick's lawyers argued.
"But they are wholly irrelevant to the determination of the ultimate decision that was made — to seek an injunction as soon as possible.
"If the Commissioner considers it necessary to resolve the inconsistency between Mr. Harnick and Mr. Harris, Mr. Harnick's version of this statement should be preferred," Harnick's lawyers argued in their written brief.
In his own written submissions, Harris repeated his denial of making the comment attributed to him by Harnick.
Harris's lawyers argued in their written statements that he has been the victim of a smear campaign that ignores what they call "the real question arising from Ipperwash."
"We say that the real lesson of Ipperwash is that we must find a way to ensure that the rule of law and civil order is recognized as just by all people of all ancestries and opinions," Harris's lawyers stated in their final argument. "There is no house without a foundation."
Harris's lawyers also noted that Harnick was the only witness who testified about hearing Harris make a comment about "f---ing Indians" at the meeting in his Queen's Park dining room early in the afternoon of