Ipperwash Trial Begins

Page 8

Secret police photos, videos ordered released

Just weeks before the family of slain protester Dudley George gets its wrongful death lawsuit in front of a judge, there have been some significant developments in the case.

The lawsuit brought by the family of the Aboriginal rights activist who died at the hands of Ontario Provincial Police at Ipperwash Provincial Park on Sept. 6, 1995 is scheduled to begin in Toronto on Sept. 8.

On Aug. 21, Lynette Fortune, an associate producer of CBC's the 5th Estate, won a three-year court battle to force the Ontario government to disclose more than 200 still photographs and videos-including aerial surveillance videos-taken by police over the two-day protest during which George died.

The government fought against the demand for their release by claiming the material had been sealed by a court warrant. Then, on Aug. 11, a government lawyer admitted to the Ontario Superior Court that there was no such warrant.

Tom Mitchinson, Ontario's assistant information and privacy commissioner, reacted to this development by ordering Rob Runciman, Minister of Public Safety and Security, and Norman Sterling, attorney general of Ontario, to provide answers to five questions by Sept. 5.

The Toronto Star's Harold Levy and Peter Edwards, Star reporter and author of the book One Dead Indian, The Premier, The Police and The Ipperwash Crisis, were able to obtain only one of those questions.

"Why the absence of these warrants was not identified during the course of my [Mitchinson's] inquiries and subsequent judicial review applications, particularly in view of my two separate requests for confirmation that a warrant had been issued, and for a copy," the Toronto Star reported.

Dudley's brother Sam, who has brought the $7 million wrongful death action to the courts, expected he would soon be able to view the photo and video evidence.

"In court last week the judge made a ruling that there was no warrant covering these still photos and videos. So therefore they could be released as long as the people that were involved in them had a chance to actually see them before they were released to the public. I'm quite sure that we will have an opportunity to view these at some point in time because Dudley will probably be on them," he said.

Sam George's civil action will probe the activities of the police and provincial government in regards to the shooting of Dudley. The action names former Ontario premier Mike Harris and several current and former provincial Progressive Conservative party cabinet ministers as defendants. Also named is the former commissioner of the OPP and others.

Dudley was killed by OPP Acting Sgt. Kenneth Deane, who was convicted of criminal negligence causing death and sentenced to 180 hours of community service. After exhausting all appeals, Deane was forced to resign from the police service on Sept. 23, 2002.

The Ipperwash protesters occupied the park to protect a traditional burial site, which the government first denied was there, but later found documents which proved its existence.

Warren George, the only other person charged as a result of the events at Ipperwash, testified he drove an automobile out of the park that night to come to the aid of Kettle and Stoney Point band councillor Cecil George, who was trying to play peacemaker and, for his efforts, was beaten by several OPP officers armed with clubs.

Cecil was beaten so severely his heart stopped. But during Deane's trial, no member of the OPP was able to name even one of the many officers involved in the beating.

Warren testified he ducked down in the automobile he was driving when an officer pointed a weapon at him. He lost control of the vehicle, forcing the officer to jump out of the way and sprain an ankle. Minutes later, the shot that killed Dudley George was fired.

Warren George received a six-month sentence that he completed in August 2000.

George family members do not believe Deane is the only persn responsible for their brother's death. They have promised to drop their civil lawsuit if the Ontario government will call a public inquiry into the matter. So far, two consecutive premiers-Mike Harris and Ernie Eves-have refused that offer.

During the last eight years, information has surfaced that suggests the decision to deploy a heavily armed paramilitary police unit after dark to get the unarmed protesters out of the park came from high up in the newly-elected Ontario government.

Opposition members in the Ontario legislature have alleged that then premier Mike Harris, who has since retired from politics, may have given the order. Harris and Thomas O'Grady, commissioner of the OPP at the time, have strenuously denied that allegation.

O'Grady has since retired as OPP commissioner. He was named to the Order of Canada on Oct. 23, 1997 and now sits as a part-time board member with the Ontario Energy Board. He insists the OPP received no political direction in dealing with the Ipperwash protesters.

Originally, several members of the George family were involved in the lawsuit. Sam George told Windspeaker on Aug. 25 that he is now the only person whose name is on the court papers.

"In the past I had taken all my brothers and sisters off. Well, I had two that took themselves off. The rest of my brothers and sisters, I took them out of the statement of claim for protection reasons," he said. "So if you look at the statement of claim all it's going to say right now is George versus Harris. So I've been the one that's been mostly involved. I've taken that job on behalf of my family and I've let them live as much of a normal life as they could."

The trial could last as long as four-and-a-half months.

"They originally thought it would be three months but now [the defendants] have asked for an extension," George said. "They just figured that that's the amount of time it's going to take to go through everything."

He was asked what he was feeling as the long-awaite start of the trial approached.

"I'm getting very nervous, not knowing what to expect. I've never been in this type of a situation. I know we've worked very hard to get to this point, not knowing what it would be like when we finally did get here," he said.

George will live in Toronto for the duration of the trial. He has taken leave from his job as a youth counsellor with his band's child and family services. He has also taken temporary leave from his duties as a band councillor. He was elected in June 2002.

The financial cost of the family's legal fight against the most powerful people in the province has been tremendous, he said.

"I know it's up there very high. Right now Murray's [Klippenstein, his lawyer] working pro bono [without being paid]. We don't have nothing available right now," he said. "I haven't talked to Murray about what I owe him. It just hasn't come up in conversation in, I'd say, the last three years. So I imagine it's a substantial amount right now. We saw the reports that came out on Harris' lawyers saying it's well over a million dollars."

He conceded his own legal fees "could be approaching that" number.

George was asked which of the many witnesses that Klippenstein would be examining would be of the most interest to him.

"I'm looking forward to Harris being there," he replied. "I've been through two discoveries with that man. Lawyers do most of the talking for these fellows. I want to see what he's like when he's actually on the stand before the people so I can see how he reacts to the questions that are being asked of him at that particular time because his lawyers won't be able to answer for him. He will have to answer for himself."

George credited his legal team for bringing uncommon commitment to the case.

"I can't say enough for them fellows in Toronto. I know they go many nights without sleep. I can see it on them when I get there," he said. "They're working very, very hard. And to have people like that working so hard and ot receiving no pay."

Everyone involved has put a lot on the line in this case, showing great courage by risking the anger of very powerful and influential people, he added.

"If you figure you're going to do something like this for money then you may as well finish before you even start because there is no money in this. A lot of people are probably wondering how we're surviving. I know the government must be wondering that. I know they've tried to shake us several times," he said. "I tell everybody we've been kicked around and punched. They've rocked us pretty much but we're still standing. We're going to be able to walk down that street and into that courtroom that day and we'll be holding our heads high."