And now:Ish <[EMAIL PROTECTED]> writes: Date: Thu, 17 Jun 1999 07:58:44 -0400 To: [EMAIL PROTECTED] From: Lynne Moss-Sharman <[EMAIL PROTECTED]> Subject: Premier's appeal rejected: DUDLEY GEORGE Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Harris suffers setbacks in Ipperwash controversy Court rules against him; calls for probe grow Jane Gadd Courts Reporter Thursday, June 17, 1999 Toronto -- Ontario Premier Mike Harris suffered a double blow yesterday over his government's handling of the Ipperwash crisis in 1995. The Ontario Court of Appeal rejected his bid to be exempted from a lawsuit launched by the family of native protester Dudley George, who was killed when Ontario Provincial Police opened fire on a peaceful demonstration at the provincial park. And Ontario Ombudsman Roberta Jamieson added her voice to calls for a public inquiry into the fatal confrontation. Mr. Harris, through his lawyer, had asked the court for leave to appeal an earlier ruling that the Premier and two of his cabinet ministers at the time should remain as defendants in the Georges' statement of claim. Permission to appeal was denied. Mr. Justice James Southey did not even wait to hear the George family's side of the argument. After lawyer Dennis Brown made his two-hour pitch for leave to appeal, the judge said he had no need to hear from the family and dismissed Mr. Brown's motion. He then ordered Mr. Brown to pay court costs of $3,500 to the family "forthwith." Maynard George, Dudley's brother, welcomed the decision. "Hopefully now we'll get the documents we've been asking for and move this case along and start to get the truth out," he told reporters. The family's lawyer, Joanna Birenbaum, said the ruling is "a tremendous victory. The question of whether or not we have a claim has been determined." As a result of the ruling, a stay imposed on the family's quest to obtain government documents about the Ipperwash crisis no longer stands, Ms. Birenbaum said. Since last year, the family has been battling in court to get Mr. Harris to hand over all documents, papers and faxes concerning orders given to the OPP on putting an end to the native demonstration. Disclosure of documents by defendants in a lawsuit is normally a routine matter, but in the Ipperwash case it has been delayed by numerous appeals and stay motions. But Mr. Brown said yesterday that Judge Southey's ruling doesn't necessarily mean the documents will be forthcoming. "The stay exists until final disposition of this appeal," he told reporters. "In my view, that's until all avenues have been explored or abandoned." Mr. Brown said Mr. Harris still has the option of appealing to a three-judge panel of the Court of Appeal, but no decision has been made. In the meantime, he plans to challenge the family's motion for disclosure of documents, perhaps in "the next couple of weeks." Maynard George expressed frustration with Mr. Brown's comments. "I don't know why they're fighting so hard to keep the truth hidden," he said. Meanwhile, Ms. Jamieson said yesterday there are "serious issues" concerning Mr. George's death that need to be resolved. While the Ombudsman does not have the mandate to conduct a full investigation herself, she said in her annual report that an inquiry is needed. Ms. Jamieson made her recommendation after receiving a complaint in the case on which her office could not take action because it was not laid by someone directly affected by the shooting. Mr. Harris said yesterday that the government will consider a "mechanism or a vehicle" to provide more information on the shooting after all issues surrounding the case have been resolved in court. In arguing before Judge Southey that Mr. Harris, Charles Harnick and Robert Runciman should be removed from the lawsuit, Mr. Brown said servants of the Crown enjoy immunity from personal liability for actions undertaken for the Crown. He offered an analogy: If a government employee is driving across the city on government business and has an accident, the government is liable even if the accident was the person's fault, Mr. Brown said. But Judge Southey offered a different analogy: He said if that employee gave another person a package to take across town and told him to get it there quickly, without regard for speed limits, he would be personally liable. OPP officer Kenneth Deane was convicted of criminal negligence causing death for shooting Mr. George on Sept. 6, 1995. The conviction is being appealed. Thursday, June 17, 1999 Ombudsman backs George death probe By JULIE CARL, Free Press Reporter and CP Supporters of a public inquiry into the 1995 police shooting of a native protester welcomed good news on two fronts yesterday. A judge dismissed the provincial government's application to appeal a ruling that Premier Mike Harris and members of his cabinet should be included in a wrongful death suit. Also yesterday, Ontario's ombudsman Roberta Jamieson added her voice to those calling for a public inquiry into the shooting death of Dudley George. "We're just delighted to hear she called for an inquiry," said Lloyd Porter, a member of the Coalition for a Public Inquiry into the Shooting Death of Dudley George. The coalition, comprised of religious, labour, student, anti-poverty, anti-racist and other groups, brought details of George's death before the ombudsman a year ago and requested she call for an inquiry. "She has done everything she can do for us. We're so glad she included it in her report," Porter said. "The pressure is building on the government to call an inquiry." George was among about 24 natives, unarmed men, women and children, who occupied Ipperwash Provincial Park Sept. 4, 1995, as it closed for the season, protesting the desecration of a burial ground. Two days later, heavily armed OPP officers marched down the road late at night and clashed with the natives. George was shot and killed. Another native man was severely beaten, and a youth was shot and wounded. OPP acting Sgt. Kenneth Deane was convicted of criminal negligence causing death in George's shooting. But allegations the order to march on the park were given by Harris and other high-ranking provincial officials have led to calls for a public inquiry from as far afield as Amnesty International and the United Nations. Meanwhile, a judge ruled Harris, then-attorney-general Charles Harnick, then-solicitor-general Robert Runciman and others should be included in the wrongful death suit filed by some of George's siblings. Justice James Southey ruled before hearing the evidence against the government's application to appeal. George's brother Sam called the ruling a "victory for justice." "We can move forward again . . . We're back where we were last December, but (Harris's) delay tactics didn't work," Sam George said. Lawyers for the family members filed a motion in December asking a court to compel the government's lawyers to file a routine list of documents, such as memos and briefing notes, dealing with the Ipperwash matter. Since then, the government was granted a stay on the order to produce the list while it sought to have Harris and the others removed from the suit. "I didn't think asking for the truth would be such a lengthy job," Sam George said. Joanna Birenbaum, co-counsel on the lawsuit, said she welcomed the ombudsman's call for an inquiry. "We're only taking legal action because Mike Harris won't call a full and open public inquiry." Family members involved in the suit have said they would drop it if a "full and proper" inquiry were held. After Jamieson's report was released, Harris denied his government is trying to throw roadblocks in front of the lawsuit. "There is absolutely nothing to hide," the premier said. "Most of the information is already public that I have seen. We have an obligation, and we're never resisted a public inquiry." "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 Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
