No single factor responsible for death of Dudley George: inquiry commissioner

Chinta Puxley
Canadian Press
Thursday, May 31, 2007

FOREST, Ont. (CP) - The federal government's unwillingness to settle aboriginal land claims, the impatience of the Conservative Ontario government and the cultural insensitivity of the provincial police all contributed to the shooting death of unarmed aboriginal protester Dudley George in Ipperwash Provincial Park 12 years ago, an exhaustive public inquiry concluded Thursday.

"It is impossible to attribute Mr. George's death to a single person, factor, decision or institution," Commissioner Sydney Linden said following the release of his four-volume report on the police shooting in September 1995.

"On the contrary, it was the combination of these that made a violent result more likely, particularly when they all came together in the space of a few short days and hours in the context of a highly-charged confrontation. Individuals and institutions need to be held accountable for the consequences of their decisions and actions, whether those consequences were intended or not."

"The federal government, the provincial government, and the OPP must all assume some responsibility for decisions or failures that increased the risk of violence and make a tragic confrontation more likely."

While the federal government has allowed aboriginal land claims "to fester for decades," Linden faulted then-premier Mike Harris for giving police 24 hours to remove aboriginal protesters from Ipperwash Provincial Park, just days after they occupied it claiming it was the site of a sacred burial ground.

Harris uttered a racial slur at a meeting hours before George was shot by a police sniper, Linden concluded, but the premier did not direct police to enter the park or prompt them to conduct the botched raid.

"After carefully assessing the evidence, it is my view that Michael Harris made the statement 'I want the f**king Indians out of the park'," Linden wrote. "I agree with Premier Harris's characterization of the statement . . . as racist."

The government's "imperative for speed" and its reluctance to examine the legitimacy of the aboriginal claim made it virtually impossible for either side to negotiate an end to the dispute, Linden concluded.

"The provincial government could have appointed a mediator or negotiator at any time, but did not," Linden wrote. "The premier could have urged patience, rather than speed."

David Ramsay, the Ontario minister responsible for Aboriginal affairs, apologized for the death of Dudley George and said his government has created a response team to focus on the inquiry's recommendations.

But the lawyer representing aboriginals at the inquiry said Harris himself owes an apology to the people of Ontario for denying that he swore.

"They misled the people of Ontario. I don't care if you use whatever word you choose, it is a damning indictment to have misled the people," said Julian Falconer.

Harris's lawyer Peter Downard said the most important finding from Thursday's report is that Harris did not interfere in the police response at Ipperwash.

"It's easy to try to stretch things, to make it look as bad as possible for (Harris)," said Downard. "But there is no evidence to suggest that the premier had any responsibility for Mr. George's death."

But the brother of Dudley George said he holds Harris partially responsible for what happened, and he hopes the former premier will apologize to his family.

Sam George added that his brother should be remembered as a man of conviction.

"My brother's legacy is that he stood up for what he believed in, he stood up for himself, he stood up for his community and he stood up for his land," said George.

"I believe he did right, but for that he paid the ultimate price."

George said his brother was vindicated by the findings of Linden's inquiry, which also found that he was not armed the night he occupied the provincial park and was shot dead by police.

The report also found that provincial police made negotiation unlikely because of their "cultural insensitivity," poor communication and unwillingness to involve aboriginal mediators.

"Cultural insensitivity and racism on the part of some of the OPP officers involved were evident both before and after Dudley George's death and created a barrier to establishing effective communication and to developing a level of trust with the occupiers which in turn, made a timely, peaceful resolution of the occupation more difficult," Linden said following the release of his report.

"There is no place for racial taunts or slurs of any type by police officers."

But the lawyer for the provincial police says his force was put in a very difficult position during the occupation.

Mark Sandler said that since police can't resolve land claims, they have very little control over Aboriginal protests that result from them.

Noting aboriginal protesters are "different than a soccer crowd," Linden said both the federal and provincial governments have to deal with land claims fairly if they want to avoid future confrontations.

"Unfortunately, the issues that were at the heart of the Ipperwash occupation remain to this day," Linden said. "This inexcusable delay and long neglect, by successive federal governments, are at the heart of the Ipperwash story."

Linden said it's important for people to understand what happened at Ipperwash if future violent protests by Aboriginals are to be avoided.

"The Aboriginal occupation at Caledonia proves that Ipperwash is not an isolated event. Understanding Ipperwash can help us understand how to prevent Aboriginal occupations and protests in the first place, or how to reduce the risk of violence if they do occur," he told the news conference.

The province should establish a Treaty Commission of Ontario which would help settle land claims in Ontario, he recommended. It should also establish a separate Ministry of Aboriginal Affairs with its own budget and bureaucracy. The province should also develop a separate policy on how to deal with aboriginal protests, he added.

While the provincial police have learned from Ipperwash, Linden said the police should make more formal efforts to reach out to aboriginal organizations.

Linden's report comes as the province continues to grapple with a 15-month aboriginal occupation in Caledonia, Ont., and aboriginal leaders are warning of more protests to come this summer as frustration with the slow pace of land claims boils over in many communities.

Despite the report, 12 years later Ipperwash Provincial Park remains occupied. Although the neighbouring land claim of Camp Ipperwash has been settled, both the federal and provincial governments say it isn't their responsibility to determine the ownership of the park.