Safety concern led to Ipperwash clash: Lawyer

Aug. 23, 2006. 07:20 PM
GREGORY BONNELL
CANADIAN PRESS

FOREST, Ont. — The police action against aboriginal protesters that culminated in the death of Dudley George was triggered by a "reasonable concern" for public safety and not political interference, the Ipperwash inquiry heard Wednesday.

The long-standing allegation that former Ontario premier Mike Harris directed the police response to the 1995 occupation of Ipperwash Provincial Park "just doesn't accord with the evidence," said Ontario Provincial Police lawyer Mark Sandler.

"It makes no sense whatsoever, and it's time someone said so," bristled Sandler as he recounted the events of Sept. 6, 1995.

"There was a reasonable concern ... that the (parking lot outside the park) was next to be taken. It was right beside the cottages and that meant a potential problem to public safety."

A splinter group from the nearby Kettle and Stony Point reserve had taken control of the park on the shores of Lake Huron two days earlier, claiming they were protecting burial grounds — a claim later supported by federal documents.

Several of the protesters, armed with baseball bats and clubs, had moved outside the park and into the parking lot on the evening of Sept. 6, Sandler told the inquiry during final submissions.

A riot squad was dispatched to confront the group and in the ensuing melee, George, 38, was killed by a police sniper.

Harris, by his own admission, wanted the occupiers out of the park as soon as possible and expressed that view during an informal government meeting — just hours before George was killed.

The influence those words may have had on police has been a key issue at the judicial probe into the George's death.

The evidence clearly shows incident commander John Carson ordered his people not to enter the park that night, said Sandler.

"John Carson was so influenced by government pressure that he repeatedly instructed his people not to go into the park?" Sandler said with incredulity.

"He doesn't take very good direction from a government intent on removing them."

Sandler also argued that before leaving for dinner Carson left explicit instructions that if the occupiers "go back into the park, let them go."

"Again, Carson doesn't take very good direction from the government when he says ... let them go back in the park. Some direction, some influence."

The inquiry has heard arguments from other lawyers, including ones for the George family, that Harris's pursuit of a speedy court injunction to end the occupation sent a message to police that swift action was needed.

That message filtered down to police on the ground at Ipperwash, the lawyers allege.

The ultimate determination on what role the government played in the tragedy will be made by Commissioner Sidney Linden, who said he plans to file his final report with the province before year's end.

Linden is tasked with reviewing the testimony of 139 witnesses over the past 25 months.

Earlier Wednesday, a lawyer representing rank-and-file officers told the inquiry that T-shirts and mugs produced in the wake of the fatal shooting were not meant to offend aboriginals.

Ian Roland, who represents the Ontario Provincial Police Association, said the officers have apologized for making the memorabilia, which they didn't realize was offensive.

An internal investigation found that officers ordered T-shirts and mugs bearing emblems that included an arrow and a horizontal white feather.

Aboriginal groups reacted with disgust, noting the symbols represent dead warriors in their culture.

"Those articles were seen differently by members of the First Nations community and offence was taken to those articles when none was meant by the officers at the time," said Roland.

"Not only did they acknowledge that it was inappropriate, they apologized," he said.

Lawyers at the inquiry have argued that the memorabilia is proof of a racist attitude prevalent among officers at the scene of the occupation.