Ipperwash Inquiry
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The Ipperwash Inquiry was a two-year public
judicial inquiry A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Ireland, Australia and Canada, such a public inquiry differs from a royal commission in that ...
funded by the
Government of Ontario The government of Ontario (french: Gouvernement de l'Ontario) is the body responsible for the administration of the Canadian province of Ontario. A constitutional monarchy, the Crown—represented in the province by the lieutenant governor†...
, led by Sidney B. Linden, and established under the ''Ontario Public Inquiries Act'' (1990), which culminated in a four volume 1,533-page Ipperwash Inquiry Report released on May 30, 2007. The inquiry was established by then-Premier
Dalton McGuinty Dalton James Patrick McGuinty Jr. (born July 19, 1955) is a former Canadian politician who served as the 24th premier of Ontario from 2003 to 2013. He was the first Liberal leader to win two majority governments since Mitchell Hepburn nearl ...
shortly after he took office after winning the
Ontario general election This article provides a summary of results for the general elections to the Provinces and territories of Canada, Canadian province of Ontario's unicameralism, unicameral Legislature, legislative body, the Legislative Assembly of Ontario. The number ...
on October 23, 2003. On November 12, 2003 the Liberals called for an inquiry with a twofold purpose, to investigate events surrounding the death of 38-year-old
Dudley George The Ipperwash Crisis was a dispute over Indigenous land that took place in Ipperwash Provincial Park, Ontario, in 1995. Several members of the Stoney Point Ojibway band occupied the park to assert claim to nearby land which had been expropriated ...
, who was shot and killed by an OPP officer at
Ipperwash Provincial Park Ipperwash Provincial Park is a former provincial park on the shores of southern Lake Huron in Lambton County, Ontario, Canada. Located near Grand Bend, the park was established in 1936. It contains a long sandy beach on the lakeshore, as well ...
in September 1995, and to make recommendations to prevent the escalation of violence that took place during the
Ipperwash Crisis The Ipperwash Crisis was a dispute over Indigenous land that took place in Ipperwash Provincial Park, Ontario, in 1995. Several members of the Stoney Point Ojibway band occupied the park to assert claim to nearby land which had been expropriated ...
. According to the report, George was the "first aboriginal person to be killed in a land-rights dispute in Canada since the 19th century." The report found that "the appropriation of the Stony Point reserve by the Government of Canada in 1942 was unprecedented in Canadian history."


Background

For ten years
Dudley George The Ipperwash Crisis was a dispute over Indigenous land that took place in Ipperwash Provincial Park, Ontario, in 1995. Several members of the Stoney Point Ojibway band occupied the park to assert claim to nearby land which had been expropriated ...
's brother Sam George fought "for justice" calling for an inquiry into Dudley's death. In 2008, a year after the report was released, Sam George was inducted into the Order of Ontario. The man who nominated George, Wayne Samuelson, said that, "Sam George did not seek revenge – he sought justice. Sam is a man of peace, a shining example for us all. Debewin is the Ojibway word for truth. It means the truth is supposed to heal us all. That’s what Sam set out to do." In 2003 Amnesty International renewed its call for an inquiry. Alex Neve, secretary-general of Amnesty International Canada said that "[e}Eight years is simply too long to wait for answer" and that governments at the federal and provincial level had "ignored their responsibilities" and defied a 1999 request from the United Nations. He added that this was "hurting Canada's efforts to pressure other countries on human rights and cited this country's dispute with Iran over the death of Iranian-Canadian photojournalist Zahra Kazemi as an example." According to a 2015 history of the Ontario Court of Justice, for many years the family of Dudley George, especially his brother Sam George had called for an investigation, questions had continued to be raised in the Ontario Legislature, and journalists had continued their investigations. On November 12, 2003, the Liberal government that had just won the
Ontario general election This article provides a summary of results for the general elections to the Provinces and territories of Canada, Canadian province of Ontario's unicameralism, unicameral Legislature, legislative body, the Legislative Assembly of Ontario. The number ...
on October 23, 2003, under Premier McGuinty, called for an inquiry.The Ipperwash crisis and the tainted water crisis in Walkerton improved McGuinty's chances of replacing the Conservative government that had been in power under Mike Harris from 1995 through 2002 and under
Ernie Eves Ernest Larry Eves (born June 17, 1946) is a Canadian lawyer and former politician who served as the 23rd premier of Ontario from 2002 to 2003. A Progressive Conservative, he took over the premiership upon Mike Harris's resignation as party leade ...
from 2002 through 2003.


Date and Location of the Hearings

The hearings for the inquiry were conducted between July 2004 and August 2006 at Kimball Hall Forest Memorial Arena and Community Centre in Forest, Ontario. This location was chosen as it is less than 20 km from where the events leading to the inquiry occurred and because this location made it more convenient for the many local witnesses who testified to attend.


Public judicial inquiry

The public judicial inquiry was funded by the Government of Ontario under the Ontario ''Public Inquiries Act'' (1990). In the introduction of Volume 3 of his final report, Linden explained how public inquiries are "established by government, and their objective is to fulfill the mandate set out in an order-in-council, yet they are independent of government." He wrote that a "public inquiry can be called to uncover the truth about a specific matter... and to propose policy reform" as was the case with the Ipperwash inquiry. It was led by a neutral third party, Sidney B. Linden, "pursuant to his powers as commissioner established under the Ontario Public Inquiries Act." The inquiry culminated in a four volume 1,533-page Ipperwash Inquiry Report released on May 30, 2007. The public inquiry was funded by the Government of Ontario but conducted by a neutral third party, Linden, was a neutral third party "pursuant to his powers as commissioner established under the Ontario Public Inquiries Act". The inquiry had a twofold mandate, set out by the order in council, "to look into and report on events surrounding the death of Dudley George and to make recommendations focused on the avoidance of violence in similar circumstances."


Ipperwash Inquiry Report

The inquiry culminated in the four volume 1,533-page Ipperwash Inquiry Report released on May 30, 2007. Full report According to the report, George was the "first aboriginal person to be killed in a land-rights dispute in Canada since the 19th century." The full report consisted of 4 volumes. Volume 1 covered "Investigation and Findings", Volume 2 was on Policy Analysis, Volume 3 was on Inquiry Process, and Volume 4 included the Executive Summary. According to the section "OPP Prepare for Park Occupation" in Volume 2, on August 29, 1995, OPP Incident Commander John Carson contacted RCMP Inspector Dave Guy in British Columbia about possible similarities with the
Gustafsen Lake standoff The Gustafsen Lake standoff was a land dispute that led to a confrontation between the Royal Canadian Mounted Police (RCMP) and the Indigenous occupiers (Ts'peten Defenders) in the interior of British Columbia, Canada, at Gustafsen Lake (known as ...
where the RCMP had been "subject to gunfire".


Original land claim

In Volume 1, in the section "History of Stoney Point and Kettle Point", Joan Holmes reported that in 1937 the Chief and Council of the Kettle and Stony Point Band had requested that the provincial government preserve an old Indian burial ground at Ipperwash Beach by fencing it to protect it. This section of the report described in detail the discovery and authentication of burial sites, the appropriation of land containing the burial sites, and the unrelenting efforts on the part of the Kettle and Stony Point Band to have this site protected. It also described the establishment of
Ipperwash Provincial Park Ipperwash Provincial Park is a former provincial park on the shores of southern Lake Huron in Lambton County, Ontario, Canada. Located near Grand Bend, the park was established in 1936. It contains a long sandy beach on the lakeshore, as well ...
in 1936 and the ongoing efforts of the First Nations to protect the burial sites. Stony Point of According to a September 20, 2015 ''
CBC News CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.ca. ...
'' report twenty years after the Ipperwash Crisis, the
land dispute A territorial dispute or boundary dispute is a disagreement over the possession or control of land between two or more political entities. Context and definitions Territorial disputes are often related to the possession of natural resources su ...
dated back to 1942, when the federal government appropriated Chippewas of Kettle and Stony Point First Nation's land to build
Camp Ipperwash Military Camp Ipperwash (also Camp Ipperwash) is a former Canadian Forces training facility located in Lambton County, Ontario near Kettle Point. On April 14, 2016, it was returned to the Chippewas of Kettle and Stony Point First Nation. History ...
, a military base, under the
War Measures Act The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
and relocated 16 First Nation families and their homes. The land was supposed to be used as a base only during the war and with a promise of compensation. After
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, the land was not returned to the First Nation, Camp Ipperwash was used for training cadets until 1995. The First Nations claimed that Sandy Point was a sacred burial site. By 1993, members of the First Nation began to occupy Camp Ipperwash while the military was using the land for training army cadets. In 1995 the military withdrew. A group of 30 First Nations protesters marched into
Ipperwash Provincial Park Ipperwash Provincial Park is a former provincial park on the shores of southern Lake Huron in Lambton County, Ontario, Canada. Located near Grand Bend, the park was established in 1936. It contains a long sandy beach on the lakeshore, as well ...
and took up occupation on September 4, 1995.


Conclusions

The report found that "the appropriation of the Stony Point reserve by the Government of Canada in 1942 was unprecedented in Canadian history." The inquiry "found that the OPP, the provincial government led by Premier Mike Harris, and the federal government all bore responsibility for the events that led to George’s death. Linden also called on the federal government to issue a public apology and return Camp Ipperwash – along with compensation – to the Kettle and Stoney Point First Nation." In Volume 1 of the report it was noted that, Premier Harris's "comments" and "generally the speed at which he wished to end the occupation of Ipperwash Park, created an atmosphere that unduly narrowed the scope of the government's response to the Aboriginal occupation." Volume 1 The report made 100 recommendations.


Responses and aftermath

The Ipperwash inquiry has been called a landmark inquiry by Amnesty International Canada. According to a June 1, 2007 article in ''The Toronto Star'', the Law Society of Upper Canada described it as "a landmark report on Aboriginal, police and government relations."According to ''The Star'', Sidney Linden
"as "head of the judicial inquiry
into the Dudley George shooting, Linden spent two years listening to 139 witnesses, 229 days of testimony and was presented with 23,000 documents."


Aboriginal occupation of land in Caledonia

The Ipperwash inquiry proceedings were taking place at the same time as the Caledonia land dispute also known as the
Grand River land dispute The Grand River land dispute, also known as the Caledonia land dispute, is an ongoing dispute between the Six Nations of the Grand River and the Government of Canada. It is focussed on lands along the length of the Grand River in Ontario known a ...
. In 2006, members of the
Six Nations of the Grand River Six Nations (or Six Nations of the Grand River, french: Réserve des Six Nations, see, Ye:i’ Níónöëdzage:h) is demographically the largest First Nations reserve in Canada. As of the end of 2017, it has a total of 27,276 members, 12,848 of w ...
took control of a disputed parcel of land in
Caledonia, Ontario Caledonia is a community located on the Grand River in Haldimand County, Ontario, Canada. It had a population of 9,674 as of the 2016 Canadian Census. Caledonia is within Ward 3 of Haldimand County. The Councillor elected for Ward 3 is Dan Lawr ...
, in
Haldimand County Haldimand County is a rural city-status single-tier municipality on the Niagara Peninsula in Southern Ontario, Canada, on the north shore of Lake Erie, and on the Grand River. Despite its name, it is no longer a county by definition, as all m ...
known as the
Haldimand Tract The ''Haldimand Proclamation'' was a decree that granted land to the Mohawk (or Kanien'kehĂ :ka) (Mohawk nation) who had served on the British side during the American Revolution. The decree was issued by the Governor of the Province of Quebec, ...
. The Caledonia occupation resulted in a successful $20 million lawsuit by Caledonia residents against the Crown. The
University of Western Ontario The University of Western Ontario (UWO), also known as Western University or Western, is a Public university, public research university in London, Ontario, London, Ontario, Canada. The main campus is located on of land, surrounded by resident ...
's political science professor, Andrew Sancton wrote in his 2012 article, that the case for Caledonia residents would have been weaker if the Crown had implemented Linden's "democratic policing" model. In her 2010 book entitled ''Helpless: Caledonia's Nightmare of Fear and Anarchy, and How the Law Failed All of Us'', reporter
Christie Blatchford Christie Marie Blatchford (May 20, 1951 – February 12, 2020) was a Canadian newspaper columnist, journalist and broadcaster. She published four non-fiction books. Blatchford was Canada's first female sports columnist, reporting on sports betwe ...
said that Linden's democratic policing model received "virtually no public attention". She decried the vacuum of policy accountability. Blatchford said that a "more intelligent and sympathetic view of aboriginal and Canadian history han the Ipperwash Inquiry reportwould be hard to find"


Five year anniversary of the Inquiry (2012)

By 2012, Ontario Regional Chief Angus Toulouse said that, "the most meaningful recommendations remain dunaddressed and combined with the fact that the province ha cut funding to support joint implementation work by half compared to 2007 levels" First Nations questioned whether the Ontario government was "committed to making the changes necessary to achieve reconciliation with First Nations in Ontario."


Twenty years after Dudley's death (2015)

By January 2015, the disputed land still had not been returned to the Kettle and Stoney Point First Nation. In 2010 the Ontario government had confirmed that the land had been transferred to the "federal government, which alone has the power to designate reserve territory." On September 18, 2015 members of the Chippewas of Kettle and Stony Point First Nation voted to approve a deal with the federal government which included a "$90-million dollar financial settlement", the "return of land appropriated by the federal government in 1942 and the cleanup of Stoney Point lands."


Notes


References


External links

* **.
***Chapter 1
"Introduction"
***Chapter
"History of Stoney Point and Kettle Point"
with expert testimony by Joan Holmes who was retained by the Commission to write a report for the inquiry, ***Chapter
"Life at Stoney Point Prior to the Appropriation by the Canadian Government"
***Chapter
"The 1942 Appropriation"
***Chapter
"Effects of the Appropriation"
***Chapter
"May 1993–July 1995 — Occupation of the Military Ranges and Subsequent Events"
***Chapter
"Occupation of the Army Barracks"
"the Built-Up Area" ***Chapter
"OPP Prepare for Park Occupation"
On August 29, 1995 OPP Incident Commander John Carson contacted RCMP Inspector Dave Guy in British Columbia about possible similarities with the
Gustafsen Lake standoff The Gustafsen Lake standoff was a land dispute that led to a confrontation between the Royal Canadian Mounted Police (RCMP) and the Indigenous occupiers (Ts'peten Defenders) in the interior of British Columbia, Canada, at Gustafsen Lake (known as ...
. ***Chapter
"September 4, 1995: The Occupation of Ipperwash Provincial Park"
***Chapter 1
"September 5, 1995"
***Chapter 1
"September 6, 1995: Before 7:00PM"
***Chapter 1
"September 6, 1995 — Government Meetings to Address the Ipperwash Occupation"
***Chapter 1
"September 6, 1995 — Miscommunication and Poor Intelligence"
***Chapter 1
"September 6, 1995 — The Unintended Consequences of Precipitous Action: Confrontation Between the OPP and the First Nations Occupiers"
***Chapter 1
"September 6, 1995 — Pursuit and Arrest of Marcia Simon"
***Chapter 1
"September 6, 1995 — Nicholas Cottrelle Is Transported by Forest Ambulance to Strathroy Hospital"
***Chapter 1
"September 6, 1995 — Cecil Bernard George Is Transported by St. John Ambulance to Strathroy Hospital"
***Chapter 1
"September 6, 1995 — Unsuccessful Attempts to Resuscitate Dudley George"
***Chapter 1
"September 7, 1995 — The Hours Following the Confrontation"
***Chapter 2
"The Weeks and Months Following the Death of Dudley George — The Development of a Status Quo, but No Resolution"
*
"Conclusion"
**
"Recommendations"
**.
***Chapter
"Introduction"
***Chapter
"Primer on Aboriginal Occupations"
***Chapter
"Treaty Relations in Ontario"
***Chapter
"Settling Land Claims"
***Chapter
"Natural Resources"
***Chapter
"Aboriginal Burial and Heritage Sites"
***Chapter
"Education about Aboriginal Peoples"
***Chapter
"Provincial Leadership and Capacity"
***Chapter
"Policing Aboriginal Occupations"
***Chapter 1
"First Nation Policing"
***Chapter 1
"Bias-Free Policing"
***Chapter 1
"Police/Government Relations"
**.
***Chapter
"Introduction"
6 pages ***Chapter
The Decision to Establish the Ipperwash Inquiry
6 pages ***Chapter
Principles Governing the Inquiry
2 pages ***Chapter
Early Decisions
6 pages ***Chapter
Rules of Procedure and Practice
2 pages ***Chapter
Administrative Infrastructure
6 pages ***Chapter
Communications
4 pages ***Chapter
Standing and Funding
4 pages ***Chapter
Preparing for the Evidentiary Hearings: Part I
8 pages ***Chapter 1
Conduct of the Hearings
8 pages ***Chapter 1
Policy Phase: Part 2
2 pages ***Chapter 1
Research and Consultation
4 pages ***Chapter 1
Report
2 pages ***Chapter 1
Wrapping Up/Winding Down
2 pages ***Chapter 1
Inquiry Process Recommendations
2 pages **.
{{citation , url=https://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/report/vol_4/index.html , title=Volume 4: Executive Summary (Index) *
"Investigation & Findings, Volume 1 — Executive Summary"
78 pages *
"Policy Analysis, Volume 2 — Executive Summary"
16 pages ***"Recommendations" **
"Recommendations: Volume 1 — Investigation & Findings"
4 pages **
"Recommendations: Volume 2 — Policy Analysis"
14 pages **
"Volume 3 — Inquiry Process"
2 pages Commissions and inquiries in Ontario Indigenous peoples in Ontario Political scandals in Canada Indigenous conflicts in Canada Ontario political scandals Protest-related deaths 2007 in Canada 2007 in Ontario Conflicts in 1995