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
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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
