And now:Ish <[EMAIL PROTECTED]> writes: Date: Mon, 09 Aug 1999 15:22:28 -0400 To: [EMAIL PROTECTED] From: Lynne Moss-Sharman <[EMAIL PROTECTED]> Subject: Ottawa refues to hold enquiry: Dudley George Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Monday, August 09, 1999 Ottawa refuses to hold inquiry into George shooting Independent legal opinion concludes federal government could initiate probe Jim Bronskill Southam News OTTAWA - The federal government has rejected calls to hold an inquiry into the shooting death of aboriginal protester Dudley George, indicating it would be unconstitutional to establish a probe. A newly obtained letter shows the Indian Affairs Department maintains the matter is clearly "within provincial jurisdiction" despite an independent legal opinion that concludes the federal government has a "shared and indeed primary responsibility" for ensuring the tragic event is not repeated. An Ontario Provincial Police officer was convicted of criminal negligence causing death for shooting Mr. George during a 1995 confrontation at Ipperwash Provincial Park. Aboriginals were protesting government delays in returning tribal lands and the alleged desecration of ancestral burial grounds. The Ontario government has repeatedly refused to call an inquiry, saying some issues are still before the courts. A coalition seeking a public probe asked York University law professor Bruce Ryder to prepare a legal opinion on the matter. He reported in mid-March that the federal government has primary constitutional responsibility for securing the welfare of aboriginals and could initiate a public inquiry into the circumstances of the shooting. Prof. Ryder and others believe there are troubling, unanswered questions about the Ipperwash affair. Following the release of the legal opinion, Howard Hampton, the Ontario NDP leader, wrote to Jane Stewart, the then-Indian affairs minister, accusing her of stonewalling. "You have abandoned Dudley George, his family and his community," reads Mr. Hampton's letter. "You have the opportunity to do the right thing and clear the air once and for all." A copy of the letter and Ms. Stewart's reply was obtained under the Access to Information Act. "I concur with the concern of Prof. Ryder that this matter be fully resolved," Ms. Stewart says in her May 20 response. "This can happen, however, only if the body calling any inquiry has the authority to investigate the key issues." Ms. Stewart says that one must determine the predominant purpose or feature of a commission of inquiry in determining its constitutionality. "In this case, the predominant purpose is the investigation of wrongdoing by the provincial police and provincial officials that caused or contributed to the tragedy that occurred at Ipperwash Provincial Park," Ms. Stewart writes. "This is clearly a matter within provincial jurisdiction." In a cabinet shuffle earlier this month, Ms. Stewart became Human Resources Minister and was replaced at Indian Affairs by Robert Nault. Steve Outhouse, a department spokesman, however, said the Indian Affairs position on an Ipperwash inquiry has not changed. "The department's satisfied that it is provincial jurisdiction." Dudley George's family has filed a civil lawsuit accusing Ontario politicians, including Mike Harris, the Premier, of pressuring police to send a paramilitary unit into the park four years ago. "Let Us Consider The Human Brain As A Very Complex Photographic Plate" 1957 G.H. Estabrooks www.angelfire.com/mn/mcap/bc.html FOR K A R E N #01182 who died fighting 4/23/99 [EMAIL PROTECTED] www.aches-mc.org 807-622-5407