The final report of the Ipperwash Inquiry has found that the federal and Ontario governments, along with police, all share responsibility for the death of unarmed native protester Dudley George.
"It is impossible to attribute Mr. George's death to a single person, factor, decision or institution,'' Commissioner Sydney Linden concluded in his four-volume report.
"The federal government, the provincial government, and the OPP must all assume some responsibility for decisions or failures that increased the risk of violence and make a tragic confrontation more likely.''
The 38-year-old was killed during a police raid to remove native protesters from Ipperwash Provincial Park on Sept. 6, 1995.
The protesters wanted nearby Camp Ipperwash, formerly the Stony Point reserve, to be returned to Kettle and Stony Point descendants.
The land had been taken by the government in 1942 and converted into a military training camp but was never returned. They also claimed that the Ipperwash Provincial Park was the site of a sacred burial ground.
Then-premier Mike Harris is also faulted in the report for impatience, uttering a racial slur and misleading the legislature.
However, Linden concluded that "the premier did not give instructions to or interfere with the OPP's operations at Ipperwash."
Apology wanted
During the inquiry's testimony, former Ontario attorney general Charles Harnick told the probe, that he heard Harris say: "I want the fucking Indians out of the park" during a meeting with senior government officials at the height of the standoff.
Harris, who was one of the last to testify at the inquiry, denied accusations that he directed the police action that led to George's death.
However, Linden said the government's "imperative for speed" made a peaceful negotiated settlement "less likely."
"The premier could have urged patience, rather than speed," he said.
In the legislature, Premier Dalton McGuinty formally apologized to George's family "on behalf of the people of Ontario.''
"We deeply regret the death of Dudley George. This report and the implementation of it's recommendations will serve as a testament to his memory," he said.
"We will honour his life as we move forward with Ontario's aboriginal community.
I believe that we have within our grasp today the power to change our future, to create deep and lasting change."
Dudley's brother Sam said he was pleased with the report, but he also called for an apology from Harris.
"We hold him partially responsible for what happened because of acting too fast," he told reporters after the report's release in Forest, Ont.
"We wonder if it might be appropriate at this time for Mr. Harris to apologize to my family, or maybe if Mr. Harris chooses not to, for the government of Ontario to do so."
Harris' lawyer, Peter Downard, told reporters Thursday that no apology would be made because Linden had exonerated his client.
Ontario Aboriginal Affairs Minister David Ramsay earlier announced the formation of an Ipperwash response team to implement the recommendations from the 1433-page report.
Recommendations
In his report, Linden makes 98 recommendations to help all sides move forward.
One of Linden's criticisms is that provincial police were unlikely to resolve the situation through negotiations because of their "cultural insensitivity," poor communication and unwillingness to involve aboriginal mediators.
"It is fundamental that police officers who are involved in intelligence are impartial and free of bias,'' wrote Linden. "The cultural insensitivity and racism that existed among some members of the OPP contributed to the lack of a timely, peaceful resolution to the aboriginal occupation.''
He suggested that police make more formal efforts to reach out to aboriginal organizations.
Linden also targeted the federal government saying they bear responsibility because they allowed Aboriginal land claims "to fester for decades."
He called for a Treaty Commission of Ontario to be established to help settle land claims.
Further, Linden said that the Canadian public needs to also become more educated about the land claim issues.
"The Aboriginal occupation at Caledonia proves that Ipperwash is not an isolated event.
Understanding Ipperwash can help us understand how to prevent Aboriginal occupations and protests in the first place, or how to reduce the risk of violence if they do occur,'' he told reporters.
The inquiry was established by the Ontario government on Nov. 12, 2003.
