Ipperwash Inquiry

The Ipperwash Inquiry was a public inquiry established by the government of Ontario, Canada, to investigate the events surrounding the September 6, 1995, shooting death of Dudley George, an unarmed Ojibwa protestor, by an Ontario Provincial Police (OPP) officer during a land dispute at Ipperwash Provincial Park.

Background

The dispute originated from a long-standing land claim by the Kettle and Stony Point First Nation over a parcel of land known as Camp Ipperwash (originally the Stoney Point Reserve), which had been expropriated by the federal government during World War II for a military base. After the war, the land was not returned to the First Nation. In 1993, some members of the Stoney Point First Nation began an occupation of part of the former military base. In late August and early September 1995, a group of First Nations protestors, including Dudley George, occupied Ipperwash Provincial Park, adjacent to the former Camp Ipperwash, asserting it was part of their traditional territory. The protestors sought to draw attention to their unresolved land claim and reclaim the land. On the evening of September 6, 1995, during a confrontation between protestors and OPP officers, Constable Kenneth Deane fired his weapon, striking Dudley George, who later died of his injuries.

Establishment and Mandate

Following the initial criminal proceedings where Constable Deane was convicted of criminal negligence causing death (a conviction later overturned, leading to a plea bargain for assault), there was persistent public demand for a broader investigation into the circumstances of George's death and the government's role. In 2003, the Liberal government of Ontario, under Premier Dalton McGuinty, established the Ipperwash Inquiry under the Public Inquiries Act. The mandate of the Inquiry was to:

• Investigate the events surrounding the death of Dudley George.
• Examine the circumstances that led to the occupation of Ipperwash Provincial Park and the broader land claim dispute.
• Explore the role of various levels of government, police, and First Nations leadership in the events.
• Make recommendations aimed at preventing similar tragedies and improving relations between Indigenous peoples, police, and government in land claim situations.

Proceedings and Findings

The Inquiry, led by Commissioner Sidney Linden, heard testimony from hundreds of witnesses, including protestors, police officers, government officials (including former Premier Mike Harris), and Indigenous leaders. It meticulously reviewed thousands of documents over several years.

The Inquiry's final report, released in May 2007, was extensive and made numerous critical findings and recommendations:

• Government Role: It found that the provincial government under Premier Mike Harris contributed to the tragic outcome through its "get the occupiers out of the park" stance, which heightened tensions and constrained police options for peaceful resolution. It also highlighted the failure of both federal and provincial governments to resolve the underlying land claim in a timely manner.
• Police Action: While acknowledging the difficult situation faced by the OPP, the report criticized certain aspects of police planning, communication, and intelligence gathering, noting that police operations had shifted from a primarily public order and peacekeeping approach to a more confrontational law enforcement one.
• Recommendations: The report issued 100 recommendations across five key areas:
  1. A new relationship between Indigenous people and the Crown: Emphasizing reconciliation, respect, and the need for governments to negotiate land claims and treaty issues in good faith.
  2. A new approach to land claims and occupations: Calling for a dedicated provincial body to facilitate negotiations and address land-related disputes before they escalate.
  3. Changes to policing: Recommending enhanced training for police on Indigenous history and issues, establishing clear protocols for policing land disputes, and fostering improved communication with First Nations communities.
  4. Public education: Advocating for greater public understanding of Indigenous history, rights, and land claims.
  5. Return of land: Specifically recommending the immediate return of the former Camp Ipperwash lands to the Kettle and Stony Point First Nation.

Legacy and Impact

The Ipperwash Inquiry's report is considered a landmark document in Canadian Indigenous-Crown relations. It exposed systemic issues in how governments and police interact with Indigenous communities regarding land disputes and highlighted the human cost of unresolved historical injustices. Its recommendations have influenced policy changes, particularly in Ontario, promoting more collaborative and respectful approaches to land claims and Aboriginal rights.

In 2016, following years of negotiations partly spurred by the Inquiry's recommendations, the federal government formally returned the lands of the former Camp Ipperwash to the Kettle and Stony Point First Nation, fulfilling one of the Inquiry's most significant calls to action. The Inquiry also served as a catalyst for ongoing discussions about reconciliation, police accountability, and Indigenous self-determination in Canada.