11 2 3 IPPERWASH PUBLIC INQUIRY 4 5 6 7 ******************** 8 9 10 BEFORE: THE HONOURABLE JUSTICE SIDNEY LINDEN, 11 COMMISSIONER 12 13 14 15 16 Held at: Forest Community Centre 17 Kimball Hall 18 Forest, Ontario 19 20 21 ******************** 22 23 24 June 20th, 2006 25
21 Appearances 2 Derry Millar ) Commission Counsel 3 Susan Vella ) (np) 4 Donald Worme, Q. C ) 5 Katherine Hensel ) (np) 6 Megan Ferrier ) 7 8 Murray Klippenstein ) (np) The Estate of Dudley 9 Vilko Zbogar ) (np) George and George 10 Andrew Orkin ) (np) Family Group 11 Basil Alexander ) 12 13 Peter Rosenthal ) (np) Aazhoodena and George 14 Jackie Esmonde ) Family Group 15 Amanda Rogers ) (np) Student-at-law 16 17 Anthony Ross ) Residents of 18 Cameron Neil ) (np) Aazhoodena (Army Camp) 19 Kevin Scullion ) 20 21 William Henderson ) (np) Kettle Point & Stony 22 Jonathon George ) Point First Nation 23 Colleen Johnson ) (np) 24 25
31 APPEARANCES (cont'd) 2 Kim Twohig ) Government of Ontario 3 Walter Myrka ) (np) 4 Susan Freeborn ) (np) 5 Sheri Hebdon ) (np) Student-at-law 6 7 Janet Clermont ) Municipality of 8 David Nash ) (np) Lambton Shores 9 Nora Simpson ) (np) Student-at-law 10 11 Peter Downard ) (np) The Honourable Michael 12 Bill Hourigan ) (np) Harris 13 Jennifer McAleer ) 14 15 Ian Smith ) (np) Robert Runciman 16 Alice Mrozek ) (np) 17 18 Harvey T. Strosberg, Q.C.) (np) Charles Harnick 19 Jacqueline Horvat ) (np) 20 21 22 23 24 25
41 APPEARANCES (cont'd) 2 Douglas Sulman, Q.C. ) Marcel Beaubien 3 Mary Jane Moynahan) (np) 4 Dave Jacklin ) (np) 5 Trevor Hinnegan ) (np) 6 7 Mark Sandler ) (np) Ontario Provincial 8 Andrea Tuck-Jackson ) Ontario Provincial Police 9 Leslie Kaufman ) (np) 10 11 Ian Roland ) Ontario Provincial 12 Karen Jones ) Police Association & 13 Debra Newell ) K. Deane 14 Ian McGilp ) (np) 15 Annie Leeks ) (np) 16 Jennifer Gleitman ) (np) 17 Robyn Trask ) (np) 18 Caroline Swerdlyk ) (np) 19 20 21 22 23 24 25
51 APPEARANCES (cont'd) 2 Julian Falconer ) (np) Aboriginal Legal 3 Brian Eyolfson ) (np) Services of Toronto 4 Kimberly Murray ) (np) 5 Julian Roy ) 6 Clem Nabigon ) (np) 7 Linda Chen ) (np) 8 Chris Darnay ) (np) 9 Sunil Mathai ) (np) 10 Adriel Weaver ) (np) Student-at-Law 11 12 Al J.C. O'Marra ) (np) Office of the Chief 13 Robert Ash, Q.C. ) (np) Coroner 14 William Horton ) (np) Chiefs of Ontario 15 Matthew Horner ) (np) 16 Kathleen Lickers ) (np) 17 18 Mark Fredrick ) (np) Christopher Hodgson 19 Craig Mills ) (np) 20 Megan Mackey ) (np) 21 Peter Lauwers ) (np) 22 Erin Tully ) (np) 23 Michelle Fernando ) (np) 24 Maanit Zemel ) 25 Patrick Greco ) (np)
61 APPEARANCES (cont'd) 2 3 David Roebuck ) (np) Debbie Hutton 4 Anna Perschy ) (np) 5 Melissa Panjer ) 6 Adam Goodman ) (np) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
71 TABLE OF CONTENTS 2 PAGE NO. 3 List of Exhibits 8 4 5 FRAN HANNAHSON, Resumed 6 Cross-Examination by Ms. Janet Clermont 12 7 Cross-Examination by Mr. Anthony Ross 15 8 9 Synopsis of Mr. Kenneth Deane Testimony 34 10 Synopsis of Ms. Isobel Jago Testimony 68 11 12 13 14 Certificate of Transcript 83 15 16 17 18 19 20 21 22 23 24 25
81 EXHIBITS 2 No. Description Page 3 P-1767 Court File number 96-CU-99569, Ontario 4 Superior of Justice Civil Proceedings, 5 Examination for Discovery of Kenneth 6 Deane, June 25, 2001. 27 7 P-1768 Ontario Court (Provincial Division) Her 8 Majesty the Queen Against Kenneth Deane. 9 Proceedings at Trial before His Honour 10 Judge H. Fraser, April 08, 1997. 28 11 P-1769 Document Numbers 2005526 and 1000475. 12 Handwritten notebook entries of Kenneth 13 Deane, February 23 to March 05, 1995, 14 August 26 to September 15, 1995. 29 15 P-1770 Reserved. 29 16 P-1771 Reserved. 29 17 P-1772 Reserved. 30 18 P-1773 Reserved. 30 19 P-1774 Reserved. 30 20 P-1775 Document Number 1004666. Anticipated 21 Evidence and statement of Kenneth Deane, 22 September 25, 1995. 30 23 24 25
91 EXHIBITS (Con't) 2 No. Description Page 3 P-1776 Document Numbers 1000293 and 1000074. 4 Statement of Kenneth Deane and map of 5 Ipperwash entrance area with A/Sgt 6 K. Deane's handwritten annotations, 7 September 25, 1995. 31 8 P-1777 Document Number 2003439. Statement of 9 Kenneth Deane, February 04, 1997. 31 10 P-1778 Document Number 1004665. Statement of 11 Kenneth Deane, December 16, 1997. 32 12 P-1779 Resume of Kenneth Deane. 32 13 P-1780 3-ring black binder containing Exhibits 14 18 and 19 to Discipline Proceeding of 15 Kenneth Deane. 33 16 P-1781 Kenneth Deane's Apology, September 19, 17 2001. 33 18 P-1782 Document Number 1000338. OPP Interview 19 Report of Isobel Jago, September 08, 20 1995. 66 21 P-1783 Interview of Isobel Jago by Rick Moss 22 and Jerry Woodworth, October 26, 2004. 67 23 24 25
101 EXHIBITS (Con't) 2 No. Description Page 3 P-1784 Transcript of Chatham Communication 4 Centre, Isobel Jago, September 07, 5 1995, 00:22 hrs, Chatham Communications 6 Centre, OPP logger tape number 146, 7 Track 3, Disc 3 of 20. 78 8 P-1785 Transcript of Mobile Command Unit, Isobel 9 Jago, September 07, 1995, 00:23 hrs, 10 Mobile Command Unit Opp logger tape 11 number 4, Track 1 , Disc 2 of 3. 79 12 P-1786 Transcript of Stan Korosec, Isobel Jago, 13 September 07, 1995, 00:36, hrs, Mobile 14 Command Unit OPP Logger tape number 4, 15 Track 3, Disc 2 of 3. 80 16 17 18 19 20 21 22 23 24 25
111 --- Upon commencing at 9:02 a.m. 2 3 THE REGISTRAR: This Public Inquiry is 4 now in session, the Honourable Mr. Justice Linden 5 presiding. Please be seated. 6 MR. DONALD WORME: Good morning, 7 Commissioner. 8 COMMISSIONER SIDNEY LINDEN: Good 9 morning. Good morning, everybody. 10 I think we're starting with, Ms. Jones? 11 12 FRAN HANNAHSON, Resumed 13 14 MS. KAREN JONES: Mr. Commissioner I have 15 no questions. 16 COMMISSIONER SIDNEY LINDEN: Okay. I 17 think then is Mr. Ross or I'm not sure. Ms. Clermont's 18 next? 19 MR. DONALD WORME: No. Ms. Clermont, 20 that's right. 21 COMMISSIONER SIDNEY LINDEN: Ms. 22 Clermont, right. 23 MS. JANET CLERMONT: Good morning, 24 Commissioner. 25 COMMISSIONER SIDNEY LINDEN: Good
121 morning. 2 3 CROSS-EXAMINATION BY MS. JANET CLERMONT: 4 Q: Good morning, Ms. Hannahson. My name 5 is Janet Clermont and I'm one (1) of the lawyers 6 representing the municipality. And I just had a few 7 questions with respect to a document I gave notice of 8 yesterday. I'm not sure if you had a chance to have a 9 look at. 10 11 (BRIEF PAUSE) 12 13 Q: And this is a document that captures 14 the statement given by former mayor Fred Thomas at an 15 information meeting on April 28th, 1996. And I'll just 16 give a moment to have a look at it. 17 Did you have a chance to review the 18 document? 19 A: No, I did not. 20 Q: Okay. I'll -- I'll just proceed and 21 if you -- if you need to have a look at the document to 22 answer my question then that's fine. 23 Do you recall if you attended a meeting on 24 the 28th of April that dealt with some community concerns 25 with respect to the takeover of the Camp and the Park?
131 Does that sound familiar? 2 A: This is prior to? 3 Q: This is after. 4 A: Oh, after. 5 Q: April 1996. 6 A: I do not recall that. 7 Q: All right. Perhaps I can just draw 8 your attention to a few of the points in the range of 9 concerns. I'm not sure if I gave the document number; 10 that's Document Number 1004246 and pages 1 to 3. 11 If you look at number 2, The Range Of 12 Concerns, it says, the second point: 13 "Residents have suffered three (3) 14 years of physical, emotional, and 15 financial stress." 16 And I'm wondering if you can indicate 17 whether this is consistent with your experience. 18 A: No. 19 Q: Okay. And the next point -- well, 20 perhaps you could elaborate on that. That is not a 21 concern of yours? 22 A: Physical, emotional and financial 23 stress; the property was inherited. 24 Q: All right. The next -- well, the 25 next point perhaps speaks to that:
141 "Property values in the area have 2 plummeted, recently some properties 3 were reassessed at less than 50 percent 4 of their original value." 5 So that was not your experience? 6 A: Only -- like we would never consider 7 selling. So it's not something that we would be very 8 concerned about because it's a family inheritance that 9 will remain in the family until the end of time, we hope. 10 Q: Okay. 11 A: So it's not something we would even 12 have to worry about. 13 Q: Okay. Thank you. Those are my 14 questions. 15 COMMISSIONER SIDNEY LINDEN: Thank 16 you very much, Ms. Clermont. 17 Mr. Ross...? 18 19 (BRIEF PAUSE) 20 21 COMMISSIONER SIDNEY LINDEN: Good 22 morning sir. 23 MR. ANTHONY ROSS: Good morning. Thank 24 you, Commissioner. 25
151 CROSS-EXAMINATION BY MR. ANTHONY ROSS: 2 Q: Good morning, Ms. Hannahson. 3 A: Good morning. 4 Q: My name is Anthony Ross and I 5 represent the residents at Aazhoodena. 6 A: The residents of, excuse me? 7 Q: Aazhoodena, it was a place that was 8 formerly known as the Army Camp. 9 A: Okay. 10 Q: Now, Mrs. Hannahson, I would like to 11 ask you some broader questions about the time that you 12 enjoyed at your cottage on -- up next to the Park. Now, 13 from your evidence I understand that you've been busy -- 14 up until 1995 you had been visiting the camp over a 15 substantial period of time starting in 1958; am I 16 correct? 17 A: I have -- yes, every year since then 18 have gone to the cottage, yes. 19 Q: Yes. And I take it that over the 20 years you found it quite peaceful? 21 A: Yes. 22 Q: And as a matter of fact, if you did 23 not find it peaceful you would not be there with your 24 four (4) year old grandson; is that fair? 25 A: If I didn't find it peaceful --
161 Q: Peaceful, yes. 2 A: -- I wouldn't have -- 3 Q: Been there with your four (4) year 4 old grandson? You would not have taken him into an area 5 of risk? 6 A: I guess you could say that. 7 Q: Yeah. And these events occurred in 8 September. The events that bring us here occurred in 9 September, 1995, and from your evidence it appears as 10 though you were at your cottage around the Labour Day 11 weekend, correct? 12 A: Yes. 13 Q: And we had the incidents of the 4th, 14 5th and 6th of September? 15 A: Yes. 16 Q: And you went away and returned on 17 Saturday which was the 9th of September? 18 A: Exactly. 19 Q: And you went away again, returned on 20 the 16th? 21 A: Exactly. 22 Q: And when did you start going back to 23 the cottage on a frequent basis? 24 A: We never stopped doing what we would 25 normally do.
171 Q: Okay. 2 A: Which is go on long weekends and 3 spend a few weeks of the summer there. 4 Q: And is it fair to say that perhaps -- 5 and I'll just back up. So in 1993 when there was the 6 first occupation on the range, I guess visiting the -- 7 your cottage you would have heard that the Indians had 8 occupied some aspect of the range, wouldn't you? 9 A: Yes. 10 Q: And is it fair to say that you did 11 not feel threatened by the occupation of the range? 12 A: You were aware that things were 13 different. 14 Q: That is true, yes. But, did you see 15 this is a problem between the cottagers and the 16 Aboriginal people or between the Aboriginal people and 17 the Government? 18 A: We're in a little different situation 19 where that is not my home. There are people that live up 20 there year round. If I was going up for the weekend, 21 we'd arrive Friday night and leave Saturday evening and I 22 could go back to my house in St. Catharines. 23 My situation was quite different than the 24 local peoples. 25 Q: Yeah, well unfortunately, we don't
181 have many of the local people coming forward, so I think 2 the best evidence we're going to have to get is just your 3 own experience. 4 But during 1993 when there was the initial 5 occupation of the range that didn't stop you from 6 visiting your cottage? 7 A: That did not stop us from continuing 8 to do what we did every summer for years. 9 Q: And to -- and to enjoy your cottage? 10 A: Exactly. 11 Q: And I take it the same applied for 12 1994? 13 A: 1994 was a different year in that 14 there were things going on around you that you were aware 15 of but you just carried on like you normally would. 16 Q: And I take it that you were also 17 aware of the occupation of the barracks around -- in July 18 of 1995? 19 A: Yes. 20 Q: And recognizing it was not your 21 primary -- it was not your home, it was just a cottage 22 that you visited from time to time, would you agree that 23 if the Government had stepped in and tried to solve this 24 problem we might not have been here today? 25 A: I think everyone would agree to that.
191 (BRIEF PAUSE) 2 3 Q: And as far as the -- the Government 4 is concerned, I think it is fair to say that the problem 5 appeared to be between the Federal Government who 6 occupied the barracks and the people -- sorry, the 7 Federal Government who theoretically owned the barracks 8 and those who occupied it in July of 1995? 9 I'm separating the barracks from the Park. 10 A: Yes. 11 Q: There's been evidence of some of the 12 people who were involved in the occupation to suggest 13 that there was a level of indifference leading to 14 frustration within them that led to the occupying of the 15 barracks. 16 Were you in a position to -- are you in a 17 position to make any comment on -- on a statement like 18 that? 19 A: No, I'm not. 20 Q: But, in any event, through 1993 and 21 1994 and up until Labour Day 1995 you enjoyed the cottage 22 just as you had done many years ago? 23 A: In those years and prior we spent two 24 (2) weeks of the summer there and whatever holiday 25 weekends we could and the odd weekend. And, yes, we
201 would arrive, pull up the driveway and enjoy the piece of 2 land we were sitting on. We really didn't go very far 3 off that property. 4 Q: And after the unfortunate incidents 5 in early September 1995, I understand that at some later 6 date you visited the cottage at which time some of the 7 Aboriginal people were there? 8 A: You're speaking after -- 9 Q: After the incident, yes? 10 A: The year after the incident? 11 Q: Well, my understanding it was 12 sometime in 1995 when you came up and there were some 13 people occupying the -- the premises and you asked them 14 to leave? 15 A: We -- we only came up to take home 16 what was in the cottage that would have been taken home 17 had I left under normal circumstances. 18 Q: Yes. 19 A: We were not intending -- we would not 20 have stayed whether the occupation had occurred or not. 21 Q: Yes, I understand. 22 A: We weren't prepared to stay. 23 24 (BRIEF PAUSE) 25
211 Q: And subsequent to September 1995 you 2 continued visiting the cottage? 3 A: After 1995? 4 Q: Yes. 5 A: Yes, we did. 6 Q: And there -- there was no problems in 7 1996 or anytime thereafter? 8 A: Personally, we encountered no 9 problems personally. 10 Q: And the purpose of my questions is 11 that from your evidence it appears that there was -- you 12 did not have any anxiety with respect to the Aboriginal 13 people themselves and your occupation and enjoyment of 14 your cottage; is that a fair statement? 15 A: That is not a fair statement. 16 Q: Well, you did have anxiety with 17 respect to the Aboriginal people? 18 A: I don't think after a situation that 19 I experienced that you could go up there and not re-live 20 every time you looked down the driveway what you had seen 21 that night. 22 Q: Then I must separate my questions. 23 What I wanted to ask you is up until the incidents that 24 you had -- 25 A: Up until the incidents?
221 Q: -- you had no anxiety? 2 A: No, we had really very little contact 3 with the local people or the Aboriginal people. We were 4 just up there to enjoy the beach and the day. 5 Q: I see. And so there has been a 6 change since September 1995? 7 A: Yes, there has. 8 Q: And perhaps you can tell us how would 9 -- did this change manifest itself to you? 10 A: Prior to the occupation you were free 11 to go through the Park and enjoy walking up that -- you 12 know, going over in the Provincial Park. After that you 13 didn't cross the line. 14 Q: I see. So it really was just a 15 matter of access to property other than the lands on 16 which your cottage is located? 17 A: Well, you're aware of people being 18 over on the property. 19 Q: And I guess there's a recognition of 20 some tension and some unresolved issues? 21 A: But the issues were not with me. 22 Q: Oh, I appreciate that. I appreciate 23 that. No, no, I'm not suggesting that for a minute. 24 That right now there still appears to be 25 some unresolved issues?
231 A: Fair to say the issue hasn't been 2 solved. 3 4 (BRIEF PAUSE) 5 6 Q: And from your personal experience you 7 hadn't seen any acts of violence by any of the Aboriginal 8 people to the police prior to September 1995? Your 9 personal experience? 10 A: Fair to say. 11 Q: And what I am trying to do, Ms. 12 Hannahson, is just block out that as a bad time. And I'm 13 suggesting to you that leading up to the problem that 14 there seemed to be a satisfactory and a normal-type 15 relationship with the Aboriginal people. Then you've got 16 this situation which developed in September of 1995 which 17 changed or seems to have changed the environment from 18 then until now. 19 Is that a fair statement? 20 A: That property run -- was run as a 21 Provincial Park so it was certainly a different 22 situation. 23 Q: I see. 24 A: You had new neighbours, let's put it 25 that way.
241 Q: I see. And these new neighbours have 2 not bothered you over the years have they? 3 A: They haven't in any way confronted 4 us, no. 5 Q: Ms. Hannahson, thank you very much. 6 Those are my questions. 7 A: You're welcome. 8 COMMISSIONER SIDNEY LINDEN: Thank you 9 very much. 10 MR. JULIAN ROY: Good morning -- 11 COMMISSIONER SIDNEY LINDEN: Yes, Mr. 12 Roy? 13 MR. JULIAN ROY: -- Mr. Commissioner. 14 Having had an opportunity to reflect on the evidence of 15 last night and seeing the cross-examination I don't have 16 any further questions. 17 COMMISSIONER SIDNEY LINDEN: Thank you 18 very much, Mr. Roy. 19 MR. JULIAN ROY: Thank you, Ms. 20 Hannahson. 21 THE WITNESS: You're welcome. 22 COMMISSIONER SIDNEY LINDEN: Thank you 23 very much. 24 Ms. Jackson...? 25 MS. ANDREA TUCK-JACKSON: Good morning,
251 Mr. Commissioner, I can join a number of my colleagues 2 and also indicate I have nothing to ask Ms. Hannahson. 3 Thank you, sir. 4 COMMISSIONER SIDNEY LINDEN: Thank you 5 very much. 6 Mr. Worme...? 7 MR. DONALD WORME: Commissioner, I have 8 nothing by way of re-examination, but I do want to thank 9 Ms. Hannahson for her attendance and -- 10 COMMISSIONER SIDNEY LINDEN: Thank you 11 very much. 12 MR. DONALD WORME: -- for her testimony. 13 Thank you. 14 THE WITNESS: You're welcome. 15 COMMISSIONER SIDNEY LINDEN: Thank you 16 very much for coming and giving us your evidence -- 17 THE WITNESS: You're welcome. 18 COMMISSIONER SIDNEY LINDEN: -- Ms. 19 Hannahson. 20 THE WITNESS: So I'm finished? 21 COMMISSIONER SIDNEY LINDEN: You're free 22 to go, yes. 23 THE WITNESS: All right. 24 25 (WITNESS STANDS DOWN)
261 MR. DONALD WORME: Commissioner, I wonder 2 if we should take a break? 3 COMMISSIONER SIDNEY LINDEN: I think we 4 should take a -- 5 MR. DONALD WORME: We do have -- 6 COMMISSIONER SIDNEY LINDEN: Should we 7 take a short break and figure out where we are? 8 MR. DONALD WORME: yes. 9 COMMISSIONER SIDNEY LINDEN: We'll take a 10 short break. 11 THE REGISTRAR: This Inquiry will recess. 12 13 --- Upon recessing at 9:20 a.m. 14 --- Upon resuming at 10:04 a.m. 15 16 THE REGISTRAR: This Inquiry is now 17 resumed. Please be seated. 18 MR. DONALD WORME: Good morning, 19 Commissioner. 20 COMMISSIONER SIDNEY LINDEN: Good 21 morning, Mr. Worme. 22 MR. DONALD WORME: Commissioner, we 23 nextly want to deal with the evidence of Acting Detective 24 Sergeant Kenneth Deane as he then was. You will know, 25 sir, that Officer Deane had met his demise in a motor
271 vehicle accident in February 25th of this year. 2 And accordingly, while we are without the 3 benefit of his viva voce evidence, we do have the 4 testimony that he had provided under oath, both in civil 5 proceedings, as well as criminal proceedings that he was 6 involved in. And it is our intention, Commissioner, to 7 file that sworn testimony as evidence before this Inquiry 8 together with other relevant Exhibits. 9 Perhaps, I can just move ahead and -- and 10 identify what those Exhibits are. And I can tell you 11 sir, that they have been put before Mr. Registrar. 12 Firstly, we have the late Ken Deane's 13 testimony from his examinations for Discovery in the 14 matter of the Ontario Superior Court of Justice, evidence 15 that was given on June 25th and 26th of 2001 that bears 16 Court file number 96-CU-99569. 17 If you could mark that as the first 18 Exhibit please? 19 THE REGISTRAR: P-1767 Your Honour. 20 21 --- EXHIBIT NO. P-1767: Court File number 96-CU- 22 99569, Ontario Superior of 23 Justice Civil Proceedings, 24 Examination for Discovery of 25 Kenneth Deane, June 25, 2001.
281 MR. DONALD WORME: We have the sworn 2 testimony of the late Kenneth Deane in the proceedings at 3 trial in the matter of R. vs. Kenneth Deane given April 4 the 8th and 9th, 1997 at Sarnia, Ontario. 5 THE REGISTRAR: P-1768 Your Honour. 6 7 --- EXHIBIT NO. P-1768: Ontario Court (Provincial 8 Division) Her Majesty the 9 Queen Against Kenneth Deane. 10 Proceedings at Trial before 11 His Honour Judge H. Fraser, 12 April 08, 1997. 13 14 MR. DONALD WORME: We have Officer 15 Deane's notes which bear Inquiry Document Number 1000475, 16 as well as document -- Inquiry Document Number 20005526. 17 THE REGISTRAR: That first document 18 number? 19 MR. DONALD WORME: I think you'll find 20 those together Mr. Registrar and perhaps they can be 21 marked jointly as a single Exhibit. 22 THE REGISTRAR: Very good, P-1769, Your 23 Honour. 24 25 --- EXHIBIT NO. P-1769: Document Numbers 2005526 and
291 1000475. Handwritten 2 notebook entries of Kenneth 3 Deane, February 23 to March 4 05, 1995, August 26 to 5 September 15, 1995. 6 7 MR. DONALD WORME: Commissioner, we also 8 and I would be asking that we reserve four (4) Exhibit 9 numbers and that is for the Thompson maps that have been 10 marked in these proceedings. There's a copy over there. 11 Those maps will be here this afternoon. 12 They had been marked as Exhibits 26, 26(a), 26(b) and 13 26(c) in the criminal proceedings that I had just 14 referred to. So I'd ask that four (4) Exhibit numbers be 15 reserved for those documents. 16 THE REGISTRAR: Map 26, 1770; for 26(a) 17 1771; 26(b), 1772; and 26(c), 1773. 18 COMMISSIONER SIDNEY LINDEN: Thank you. 19 20 --- EXHIBIT NO. P-1770: Reserved. 21 22 --- EXHIBIT NO. P-1771: Reserved. 23 24 --- EXHIBIT NO. P-1772: Reserved. 25
301 --- EXHIBIT NO. P-1773: Reserved. 2 3 MR. DONALD WORME: There is an additional 4 map which I understand to be a topographical map and 5 perhaps we can reserve a number for that, as well? 6 THE REGISTRAR: 1774. 7 8 --- EXHIBIT NO. P-1774: Reserved. 9 10 MR. DONALD WORME: Nextly, Mr. 11 Commissioner, we have materials from the SI investigation 12 that ensued following the events of September the 5th, 13 1995. 14 Firstly, there's Inquiry Document 1004666. 15 It is a statement given September the 8th, 1995. 16 THE REGISTRAR: P-1775, Your Honour. 17 18 --- EXHIBIT NO. P-1775: Document Number 1004666. 19 Anticipated Evidence and 20 statement of Kenneth Deane, 21 September 25, 1995. 22 23 MR. DONALD WORME: Nextly, Inquiry 24 document 1000293, a statement given September the 25th, 25 1995 which explains the map that I had just referred to.
311 That map bears Inquiry Document Number 100074. 2 So perhaps those two (2) items can be 3 marked together. 4 THE REGISTRAR: What was that second 5 document number please? 6 MR. DONALD WORME: 100074. 7 THE REGISTRAR: P-1776, Your Honour. 8 9 --- EXHIBIT NO. P-1776: Document Numbers 1000293 and 10 1000074. Statement of 11 Kenneth Deane and map of 12 Ipperwash entrance area with 13 A/Sgt K. Deane's handwritten 14 annotations, September 25, 15 1995. 16 17 MR. DONALD WORME: Nextly, Inquiry 18 Document 2003439, a statement provided February 4th of 19 1997. 20 THE REGISTRAR: P-1777. 21 22 --- EXHIBIT NO. P-1777: Document Number 2003439. 23 Statement of Kenneth Deane, 24 February 04, 1997. 25
321 MR. DONALD WORME: Inquiry Document 2 1004665. It is a statement dated September 16th of 1997. 3 THE REGISTRAR: P-1778, Your Honour. 4 5 --- EXHIBIT NO. P-1778: Document Number 1004665. 6 Statement of Kenneth Deane, 7 December 16, 1997. 8 9 MR. DONALD WORME: And nextly, 10 Commissioner, a copy of Mr. Deane's resume. There is no 11 document number for that. 12 THE REGISTRAR: P-1779, Your Honour. 13 14 --- EXHIBIT NO. P-1779: Resume of Kenneth Deane. 15 16 MR. DONALD WORME: Nextly, documents that 17 had been provided to us from Mr. Roland, being letters of 18 reference that were marked as Exhibits 18 and 19. Those 19 were distributed to the parties electronically last week 20 and they are documents from the Police Services Act 21 disciplinary proceedings that occurred before hearing 22 Officer Loyall Cann on -- in September of 2001. 23 THE REGISTRAR: P-1780; that's for the 24 whole binder. 25
331 --- EXHIBIT NO. P-1780: 3-ring black binder 2 containing Exhibits 18 and 19 3 to Discipline Proceeding of 4 Kenneth Deane. 5 6 MR. DONALD WORME: And lastly, 7 Commissioner, a transcript of a statement that was 8 provided by way of an apology by Mr. Deane and that was 9 dated September 19th of 2001. 10 THE REGISTRAR: P-1781, Your Honour. 11 12 --- EXHIBIT NO. P-1781: Kenneth Deane's Apology, 13 September 19, 2001. 14 15 MR. DONALD WORME: Sir, in order to 16 provide the public with a sense of the -- what the 17 transcripts that we had filed -- that I'd filed initially 18 contain, we have prepared a synopsis of that. And while 19 we've had some assistance in preparing that from -- from 20 Mr. Roland, I can tell you that the -- the document is 21 ours alone at the end of the day and that I accept full 22 responsibility for any deficiencies that it may occur. 23 But having said that, I think it's also 24 important to note that the synopsis that I will invite 25 Assistant Counsel Megan Ferrier to read into the record
341 is not evidence in these proceedings but rather the 2 exhibits as filed. 3 COMMISSIONER SIDNEY LINDEN: Thank you, 4 Mr. Worme. 5 6 SYNOPSIS OF KENNETH DEANE TESTIMONY: 7 MS. MEGAN FERRIER: 8 "Ken Deane joined the OPP in 1985. He 9 became a full-time member of the 10 Tactics and Rescue Unit (TRU) in 1987. 11 The TRU team did training each month, 12 with the following training categories: 13 firearms training, hostage rescue 14 training, entry training, rappel 15 training, VIP witness protection 16 training, and assistance to Canine 17 Handler training. 18 Deane did not receive a personal copy 19 of the TRU team course training 20 standard during his initial course or 21 later on, but he had access to it. The 22 course training standard was used by 23 the instructors of the course. He 24 taught the TRU team training course 25 beginning in 1990 and the last time
351 would have been 1996. 2 3 During his TRU team training, at no 4 time were there discussions of how 5 occurrences might be different if they 6 involved First Nations situations, or 7 the possibility that the TRU team 8 should take a different approach in 9 such a situation. The TRU team 10 received First Nations awareness 11 training, but not before September 12 1995. 13 Deane had been involved in occurrences 14 involving First Nations people prior to 15 1995. One incident involved the TRU 16 team being deployed to the Grassy 17 Narrows Indian Reserve (1991) wherein a 18 member of the reserve shot and killed 19 an OPP officer. The crime scene was 20 being investigated when the individual 21 returned and shot two more OPP 22 officers. They ultimately tracked the 23 individual down with canine assistance, 24 but not before the individual shot at 25 the TRU team command post and attempted
361 to ambush the TRU team who were looking 2 for him. 3 4 Deane was also involved in another 5 occurrence with a First Nations person 6 who was armed with an axe. They 7 negotiated with him to put the axe down 8 and surrender, which the individual 9 did. 10 During the same summer as the Grassy 11 Narrows incident, Deane was involved in 12 an occurrence involving 3 individuals 13 who were doing break and enters. These 14 3 individuals shot a canine handler, 15 injuring him. This occurrence ended 16 when the bodies of the 3 individuals 17 were found. What had transpired was a 18 double murder/suicide. Two of the 19 individuals were First Nations men, and 20 Deane is unsure if the third individual 21 was a First Nations woman. 22 During the summer of 1989 or 1990, he 23 was deployed to a shooting incident 24 reported on the Akwesasne Reserve, but 25 by the time they arrived, the matter
371 had been resolved. He was then deployed 2 as part of a surveillance unit on the 3 Cornwall side of the border, for cross- 4 border smuggling and to report on 5 different boats crossing back and 6 forth. During this time, the TRU team 7 was used to execute several high risk 8 warrants on the Akwasasne Reserve. 9 Deane was aware that there was a claim 10 of a burial ground in Ipperwash Park 11 prior to September 6, 1995. He became 12 aware of this claim through the media, 13 such as newspapers, radio or 14 television. He is not aware of any 15 discussion of the burial ground claim 16 amongst the TRU team members or TRU 17 team leaders before the shooting of 18 Dudley George. He does not know if 19 other members of the TRU team or if the 20 ERT members were aware of this claim. 21 He cannot recall if the claim was 22 mentioned at the September 1, 1995 23 meeting. 24 Deane believed that Inspector Carson 25 raised the issue of the Aboriginal
381 claims being made at the Park, but he 2 could not recall any specifics. 3 4 Deane did not recall being called to 5 Kettle and Stoney Point Reserve, nor 6 does he recall any TRU teams being 7 called there prior to 1995. 8 Prior to 1995, Deane had not been 9 stationed at the Ipperwash area. He 10 visited the Port Franks area 11 approximately twice before August 1995. 12 He did not visit the park on either of 13 these two occasions. 14 Deane attended a TRU team 15 orientation/selection course at CFB 16 Ipperwash as an instructor. The course 17 lasted 6 weeks but he indicates that he 18 was not there the entire 6 weeks. He 19 stayed right at CFB Ipperwash. He did 20 not visit the park, but after course 21 hours, they went down to the beach area 22 for a swim and then returned to the 23 base. During this time, he did not 24 become familiar with the history of the 25 military base or its origins during
391 World War II. 2 He did not have any involvement with 3 the occupation of the military base, 4 around 1993 or for the period 5 thereafter. 6 During the final days in August 1995, 7 Deane was called upon to sit in on 8 operational meetings with regards to 9 Ipperwash Provincial Park. It may have 10 been Inspector John Carson who 11 contacted him for his involvement. 12 Acting Staff Sergeant Kent Skinner, the 13 London TRU team leader, was on 14 vacation. 15 The first meeting occurred on August 16 29, 1995, at the boardroom of London 17 OPP. His notebook entry states that he 18 arrived at the boardroom at 9:00 "re: 19 Ipperwash problem." He did not recall 20 who was there, but it possibly could 21 have included one of the ERT team 22 leaders. Sergeants R. Huntely, F.S. 23 Korosec, and G. Van Damme were team 24 leaders, but Deane did not recall if 25 any of them were at this meeting.
401 Other than the notes in his book, he 2 took no other notes. He did not file a 3 report with his TRU team or his 4 organization when he returned from this 5 meeting. 6 London TRU team leader, Skinner, 7 returned from vacation on September 1, 8 1995. Deane did not brief Skinner 9 about the August 29 meeting, there 10 were no documents distributed at this 11 meeting, and he did not recall who 12 chaired this meeting. 13 His understanding of the TRU teams's 14 role after this meeting was that if 15 there was an occupation of Ipperwash 16 Park, the TRU team would be called in 17 if there was a presence of firearms. 18 Deane did not recall any discussions 19 about the helicopter shooting incident 20 at the first meeting of August 29, or 21 at the August 31st meeting with Sgt. 22 Korosec. He indicated that there might 23 have been something said by Inspector 24 Carson at the September 1, 1995 meeting 25 about a military helicopter being shot
411 at CFB Ipperwash. 2 The August 31, 1995, meeting was a 3 preparation meeting between Deane and 4 ERT leader Stan Korosec, who was the 5 overall ERT leader for this operation. 6 At the time of this meeting, the plan 7 was that the TRU team would be called 8 out to the local area, or put on 9 standby nearby while ERT would be 10 utilized as a CMU. The TRU team would 11 have had to move to a forward location, 12 which was either at Pinery Provincial 13 Park or Forest Detachment, as of 14 possibly September 4, 1995. 15 Deane was present at the September 1, 16 1995 meeting, and the general 17 discussion coming out of this meeting 18 was "to contain and negotiate a 19 peaceful resolution". Deane agreed 20 that the Project Maple plan was 21 produced after the September 1, 1995 22 meeting, as operationalization of the 23 general discussion coming out of the 24 meeting. 25 According to Deane, the OPP plan was
421 not to enforce a court injunction by 2 forcibly removing the protestors from 3 the park, even if someone such as the 4 Ministry of Natural Resources obtained 5 a court injunction. Even if the 6 protestors objected to removing 7 themselves from the park upon receiving 8 the injunction, negotiations were still 9 to be in effect. As long as the 10 protestors stayed in the park, the 11 arrest aspects of project Maple would 12 not apply. He was not aware if this 13 was ever conveyed to the protestors. 14 The organizational chart at page 2 of 15 Project Maple refers to Chief 16 Superintendent Coles as overall 17 commander for Project Maple. He would 18 have had overall responsibility for the 19 plan. Superintendent Parkin is not 20 mentioned in this chart anywhere. 21 The emergency services and the 22 negotiation team would have been 23 responsible to Inspector Carson. The 24 negotiator team was headed by Sgt. 25 Seltzer who was present at the
431 September 1, 1995 meeting. The ERT and 2 TRU team commanders or leaders, and the 3 negotiator team leaders all would have 4 known that the objective was 5 negotiations. Deane was listed as 6 second-in-command of the TRU team in 7 Project Maple.. 8 Deane did not know the meaning or plan 9 behind the statement "the reason we are 10 getting the injunction as it gives us 11 all the Criminal Code charges" found in 12 page 5 of the September 1, 1995 13 meeting Minutes. It was not the TRU 14 team's responsibility to deal with 15 obstruction or trespassing charges. 16 The general policy within the OPP 17 regarding the calling out of the TRU 18 team on any particular occurrence, at 19 the time period of September, 1995, was 20 such that: 21 (1) If there was a general occurrence 22 involving firearms, high risk 23 situations, and the like, a call would 24 be placed from a supervisor at 25 Detachment level dealing with the local
441 occurrence, to one of the regional 2 communications centers. Such centers 3 are found for example at London and at 4 Chatham. 5 (2) When a call is received, 6 information is written down and relayed 7 to a regional duty officer, a person 8 holding rank designation of Inspector, 9 Superintendent, and/or Chief 10 Superintendent, and he or she makes the 11 decision as to whether a TRU team is 12 activated, via phones and / or pagers. 13 (3) It is normally the case that until 14 the call out is received, the TRU team 15 would know nothing about the actual 16 local occurrence. 17 (4) Deane did not know if it is a 18 requirement, but believed that when the 19 regional duty officer decides to 20 activate the TRU team, he or she 21 reports the decision higher up the 22 ranks. 23 Deane did not know who made the 24 approval decision in August or 25 September 1995 to call out the TRU
451 team. At the August 29, 1995 meeting, 2 Deane did not think that approval had 3 been issued to call up the TRU team for 4 Ipperwash. At the September 1, 1995 5 meeting, Deane did not know if there 6 was any consideration at that time for 7 TRU team involvement at a higher level 8 than Inspector Carson. He did not 9 consider as to who approved for him to 10 be at the meeting. 11 His going from London to Ipperwash with 12 Skinner on September 5, 1995, at 9:00 13 a.m. was not an activation of the TRU 14 team. Later that day, at 5:30 p.m., 15 when Skinner and Deane went to the 16 overflow parking lot at Ipperwash, that 17 would be a call up of the TRU team that 18 would have required approval of the 19 regional duty officer. Deane does not 20 know who the regional duty officer was 21 at that point in time. Inspector 22 Carson had sufficient rank to be 23 regional duty officer, but he may or 24 may not have been such at that point. 25 Deane did not know who was the actual
461 regional duty officer who approved the 2 call out of the TRU team. 3 4 After the call-up of the TRU team, it 5 would be the incident commander who had 6 the authority to deploy or give 7 directions to the TRU team. Deane 8 believes the regional duty officer had 9 the authority to authorize deployment 10 of or call-out the ERT as well. Deane 11 believes the incident commander had 12 authority to give directions to the ERT 13 team, too. 14 On September 5, 1995 Deane traveled 15 with Acting Staff Sergeant Skinner to 16 the Ipperwash area. That evening, they 17 went to the overflow parking lot on 18 East Parkway Drive. His understanding 19 of the reason to go to Ipperwash was to 20 stand by until called upon. They set 21 up the Tactical Operations Center (the 22 "TOC"), housed in a cube truck, located 23 at the overflow parking lot. At 8:30 24 p.m. after they set up the TOC, they 25 went to the Pinery Park.
471 On September 6, 1995, the TRU team's 2 day began at approximately 7:00 a.m. 3 Deane's notes of September 6, 1995, 4 indicate information was received at 5 7:30 a.m. about automatic gunfire heard 6 from within the encampment. Deane 7 probably made these notes as soon as he 8 received the information from Skinner. 9 He did not know who passed the 10 information on to Skinner, or who heard 11 the alleged automatic gunfire. Deane 12 assumed the encampment meant the 13 military base, but he was not positive. 14 Deane was brought to the MNR overflow 15 parking area at approximately 8:00 p.m. 16 The TRU team had two roles on September 17 6, 1995. The first was an observation 18 unit and the second was a support unit. 19 Deane chose not to use a silencer on 20 his gun, and he did not know the effect 21 of silencers on muzzle flashes. He did 22 not know whether any of his teammates 23 had a silencer on their guns. Deane 24 did not have night vision goggles, nor 25 did he have a night vision scope on his
481 weapon. 2 Before the TRU team set out that 3 evening, Sgt. Skinner and Inspector 4 Carson conducted a briefing at the TOC 5 van. Intelligence was received that 6 the Natives had possession of several 7 AK47's, hunting rifles and Molotov 8 cocktails. 9 Deane stated that if the CMU or the TRU 10 team had known that there was an ambush 11 at the end of the roadway, they would 12 not have gone down the roadway. The 13 CMU is for crowd control and is not 14 equipped to deal with firearms. If 15 Deane felt their adversaries were 16 waiting for them with firearms, Deane 17 would advise the CMU not to go down the 18 roadway. Although in the briefing that 19 occurred earlier they were told of the 20 presence of firearms, they were not 21 told that the Natives were going to use 22 them. 23 Deane organized an observation team 24 comprised of two 2-officer units and 25 these units were deployed to the area
491 in question. He also organized two 2- 2 officer alpha units, whose role was to 3 give support to the CMU. If the CMU 4 came under gunfire, the TRU team was to 5 deal with the gunfire and the threat. 6 As the CMU formed, and the observation 7 teams had gone forward and the alpha 8 teams left the TOC and continued down 9 East Parkway Drive. Alpha 1 was on the 10 lakeside of East Parkway Drive and 11 Alpha 2 was on the inland side. Deane 12 was a member of Alpha 1. 13 The communications for the TRU team 14 consisted of each member having a 15 Motorola walkie talkie and a head set. 16 Deane had to activate a switch in order 17 to be heard. Once Deane activated the 18 switch, Skinner, Inspector Carson, and 19 Constable Richard Zupancic, who were in 20 the TOC van, and the members of the TRU 21 team through their headsets, could have 22 heard Deane speaking. 23 As the CMU left the TOC site and 24 continued down East Parkway Drive, 2 25 individuals were spotted on the roadway
501 slightly ahead of Alpha's position. 2 Using night vision, Alpha 2 saw that 3 these individuals did not have any 4 firearms. They reported that once the 5 individuals saw the CMU approaching, 6 they turned and ran back to the park 7 area. 8 There was then a report back from 9 Provincial Constable Beauchesne, who 10 was a member of Alpha 2, about the 11 possibility of a native with a long arm 12 on the roadway. The CMU was ordered to 13 split to both sides of the roadway. 14 Deane then heard over his headset that 15 Const. Beauchesne determined the item 16 was not a weapon. Skinner was told 17 that it was not a threat and the CMU 18 went back on the roadway and started to 19 march again. 20 The CMU eventually reached the sand 21 covered roadway. Deane was on the left 22 side of the CMU. The CMU moved into 23 formation and the front rank moved 24 forward to the fence immediately beside 25 the park. It stopped at the fence and
511 stayed there. Rocks, sticks and 2 firebrands were thrown onto the CMU, so 3 Deane and his partner moved backwards 4 so they would not be hit. According to 5 Deane, the CMU was handling itself 6 appropriately in containing the 7 situation, and he did not feel that he 8 needed to provide any support at this 9 stage. 10 The CMU were ordered to move back to 11 the sand covered roadway. The rear end 12 of the CMU almost reached East Parkway 13 Drive. The CMU front rank was still on 14 the sand covered roadway. Deane did 15 not see any of the CMU members try to 16 go into the park, or reach over the 17 fence and try to hit any people behind 18 the fence. Deane did not hear any 19 racial slurs by any CMU members. 20 As the CMU moved back, approximately 10 21 to 15 people left the park area by 22 climbing over the turnstile and over 23 the fence and onto the sand covered 24 roadway. They were armed with pipes, 25 sticks, and bats. Deane was on the
521 lawn of the first residence beside the 2 sand covered roadway, observing for 3 firearms. Deane did not see any 4 firearms, nor did he shoot at anybody. 5 The CMU were ordered to move forward 6 and physical contact was initiated 7 between the CMU and the individuals who 8 had left the park area. Deane saw one 9 individual with a large pipe or stick 10 swing it at one of the CMU member's 11 shield, shattering it. This officer 12 then moved forward. Deane then saw the 13 individual, who we now know was Cecil 14 Bernard George, who was arrested and 15 put in the prisoner van. He does not 16 know what happened to him between the 17 time that he struck the shield and when 18 he was placed in the van. Deane did 19 not observe a crowd or circle of CMU 20 officers around him. 21 The CMU were ordered to back off and as 22 the barrage of firebrands and sticks 23 increased, Deane also backed off. 24 During the second retreat, the CMU 25 moved back several meters down East
531 Parkway Drive. Deane saw no firearms. 2 Constable O'Halloran was behind Deane 3 all evening. 4 5 Deane said he knew that Constables Klym 6 and Beauchesne were in the sandy 7 embankment area because it was pre- 8 planned and that was the position they 9 were to hold unless something happened. 10 As the CMU backed up, they would have 11 backed up also. Deane was concerned 12 that the CMU members were in extreme 13 peril if the information he had 14 received about the firearms earlier 15 that evening was true. That is why they 16 were there for observation - to look 17 for firearms. 18 At times, spotlights from within the 19 park were blinding Deane and the 20 others. Deane agreed that if someone 21 had an AK-47 below a spotlight, they 22 would have a very protected location 23 and because of the exposure to the CMU, 24 they could have shot officers before 25 the TRU team could have responded.
541 If the TRU team saw firearms, they 2 could have stopped the CMU from moving 3 forward and gone back to the TOC. 4 Deane's job involved risk assessment. 5 If Deane personally saw a weapon, he 6 would say this is not the time for the 7 CMU. Deane's role was to support the 8 CMU if the occupiers used firearms (as 9 per intelligence received that they did 10 indeed have weapons). Every time they 11 are involved in an operation there is a 12 risk. 13 When the CMU moved back, Deane was 14 situated to the west of the Jago 15 driveway. Deane's partner would have 16 been slightly to his left or behind 17 him. Deane looked toward the park and 18 saw a large school bus exit the park at 19 the gate. It hit a large dumpster and 20 continued onto the sand covered roadway 21 and onto East Parkway Drive. As it 22 raced off the roadway onto East Parkway 23 Drive, Deane observed at least 3 CMU 24 members diving away to avoid being 25 crushed by the bus. Deane thought it
551 was a threat to those officers. He did 2 not shoot at the bus because it 3 happened so fast and he had no time. 4 5 As the bus raced past Deane's position, 6 he saw a distinct muzzle flash 7 originate from the interior of the bus, 8 approximately half to three- quarters 9 toward the back of the bus. The muzzle 10 flash was not directed at Deane, but 11 was directed at the CMU members on the 12 lakeside of East Parkway Drive. The 13 bus was still moving. Deane did not 14 shoot at it, nor did he hear any shots 15 from the bus. 16 Deane does not know the name of the 17 person who was in the back of bus. He 18 did not make any inquiries or attempt 19 to charge that person with attempted 20 murder. Deane did not know the names 21 of the CMU members who were being shot 22 at. No police officer was shot, and 23 there was no item such as a shield or a 24 vehicle that suggests the Natives shot 25 any weapons that evening.
561 Deane's attention was drawn back to the 2 sand covered roadway area. He saw a 3 large vehicle start to leave the 4 roadway. As he looked at this vehicle, 5 Deane saw two distinct muzzle flashes 6 originate from an area in the bush. He 7 thought they were from the same firearm 8 because they were so quick in sequence. 9 He does not know whether they were 10 automatic or semi-automatic. He did 11 not hear the gun fire. If there was a 12 gun in that area, whoever was shooting 13 it was well-covered. As soon as Deane 14 saw the muzzle flashes, he discharged 15 approximately four rounds from his gun. 16 According to Deane, he knew how to 17 distinguish between muzzle flashes that 18 are and are not a threat to him. The 19 two flashes he saw from this area were 20 threatening fire. 21 Deane did not communicate through his 22 headset that there were muzzle flashes 23 that could be a direct threat to the 24 life and safety of his fellow officers 25 because he did not have time to
571 activate his communications system. 2 Deane did not identify a target with 3 respect to these muzzle flashes. 4 5 After Deane discharged his four rounds, 6 he saw the car careen out of the park, 7 and off the sand covered roadway. 8 Deane did not see any muzzle flashes 9 from the car. As the car traveled down 10 East parkway Drive, it veered sharply 11 to the right and struck approximately 12 three to four CMU members. When it hit 13 the CMU members, the car was about 5-7 14 meters in front of Deane. He saw that 15 at least one officer was struck by the 16 car and rolled up onto the hood and 17 then rolled off. Deane did not shoot 18 at the driver because there were 19 officers between him and the driver of 20 the car. 21 Still concerned with the muzzle flashes 22 he had originally seen in the bush 23 area, Deane walked forward and saw one 24 individual cross Army Camp Road and 25 hide by the three posts at the
581 intersection. Deane did not know who 2 it was, and he cannot recall if he saw 3 the firearm in the individual's hands 4 when he went across the road because he 5 moved fairly quickly. This individual 6 left the intersection area and half 7 walked, half ran, to approximately the 8 crown of the roadway. 9 Deane saw him shoulder a rifle in a 10 half crouched position. The individual 11 scanned Deane and the CMU's position 12 with his rifle. Deane did not believe 13 the individual aimed. Deane believed 14 the individual just scanned, but the 15 gun was pointed in a direction where 16 there were at least three officers. 17 Deane saw the individual's right hand 18 up at the trigger group. He did not see 19 his finger on the trigger. Deane 20 believes he was the farthest east of 21 all the officers. The individual 22 scanned over at least nine officers. 23 Deane believed he shot him before the 24 individual had the opportunity to scan 25 back.
591 Deane did not shout out to anybody, nor 2 did he hear anybody shout anything to 3 him. Deane did not get on the 4 communications system and say, "there 5 is a man scanning our officers with a 6 firearm". Deane did not have time to 7 get onto the communications system and 8 advise other members of that fact. 9 Deane discharged three rounds from his 10 gun to stop the threat of being shot 11 at. He saw the individual falter. The 12 individual immediately went down on one 13 knee and then got back up. As he got 14 up, he turned slightly towards the sand 15 covered roadway and then immediately 16 turned back. As he turned, he threw 17 the rifle. Deane agreed that if he had 18 not seen a weapon, he would not have 19 shot the individual, even though Deane 20 might have thought he was responsible 21 for the muzzle flashes. 22 At this point, the bus was reversing 23 back through. Deane did not shoot at 24 the bus because he did not deem it to 25 be a threat. The bus entered the sand
601 covered roadway. Deane saw two 2 individuals from the sand covered 3 roadway area walk out and assist the 4 individual that Deane fired at. He did 5 not pursue the individual. He did not 6 see any Natives lingering on the 7 roadway. 8 Deane did not know the name of the 9 person who he had shot. He found out 10 possibly two days later that it was his 11 bullet that killed Dudley George. 12 Deane immediately turned to his right 13 and spoke with Officer George 14 Hebblethwaite and asked him to do a 15 head count of his members to see if 16 they were injured or hurt. Deane is 17 not sure if he told this officer that 18 he shot a man with a long-arm. The CMU 19 was re-formed and returned to the TOC. 20 Deane believed he asked Constable 21 Beauchesne if he had seen the 22 individual on the roadway that Deane 23 shot at and he said "No". Deane 24 believed this was the first time he 25 said anything to anybody about there
611 being someone with a weapon or a long- 2 arm on the roadway. 3 As the CMU headed back down East 4 Parkway Drive, Deane advised Skinner of 5 the events over the communications 6 system. All the TRU team members 7 should have heard this. Deane said he 8 told him at that point because he had 9 time to do it then. The threat of the 10 bus, the firearms, and the car striking 11 the CMU members was over. It all 12 occurred within 20-35 seconds. The 13 communication over the TRU team headset 14 is taped. 15 Deane believed he told Skinner that a 16 bus had come through their position, a 17 car had come into their position and 18 struck members, and there was one 19 individual down and they required an 20 ambulance. Deane could not recall if 21 he said anything about a rifle. He did 22 not recall Skinner asking for 23 clarification regarding the ambulance. 24 He believes he said that Natives were 25 injured, not officers, and Natives had
621 retreated into the park. 2 Skinner's notes make no mention of 3 muzzle flashes and no mention of the 4 fact that Deane shot a man and thought 5 he might have killed him. Deane was 6 not sure if he said anything to Skinner 7 at the time about these two points. 8 Everyone who was in the trailer at this 9 time, including Inspector Carson, 10 should have been able to hear 11 everything that was said over the 12 communications system, as it is a 13 broadcast system. 14 Deane did not make any attempt to get 15 the rifle the individual was carrying. 16 Deane felt it prudent to make sure all 17 officers were accounted for. Deane 18 agreed that the best way to deal with a 19 threat of a firearm is to have 20 possession of the firearm. Deane had 21 that possibility in this case, but he 22 did not do it. Deane felt it was not 23 prudent to rush back into the area to 24 grab the firearm because he did not 25 know what was still inside the park.
631 Deane felt it was necessary to make 2 sure his members were accounted for, 3 and Deane did not think of the rifle at 4 that time. 5 6 Deane was unsure if he said anything to 7 anybody at the TOC about this firearm 8 that was still out in the field. He 9 might have mentioned it to Skinner. 10 Deane does not believe they made any 11 plans to go back to get the rifle. He 12 was concerned about accounting for not 13 only his TRU team members, but also the 14 CMU members. The headcount took 15 approximately 1-2 minutes. Deane did 16 not continue to look in the direction 17 of the rifle, and did not think about 18 the possibility that another Native 19 might get the rifle and try to shoot 20 him. He was more concerned with the 21 park area. His observations were on 22 the park, and he never saw any firearms 23 in the park. 24 Deane had a conversation with Skinner, 25 at the TOC immediately after the
641 shooting incident. He was unsure if 2 Inspector Carson was there. Deane told 3 Skinner that he had shot a man. He was 4 not sure if Skinner called Inspector 5 Carson over when Deane told Skinner 6 this news. Deane told Skinner about 7 the initial advance of the CMU, the 8 second advance, the muzzle flashes, and 9 Deane firing upon them. Deane told 10 Skinner about the bus and the car, and 11 that he had shot an individual that had 12 been scanning their position with a 13 rifle, and that this individual fell to 14 the ground, got back up again, and was 15 assisted back into the park. Skinner 16 was the first person that Deane told. 17 Deane does not recall if Skinner had 18 his notebook in front of him when Deane 19 told this to him. 20 Deane told Skinner of the events 21 because of the chain of command. He 22 anticipated that Skinner would brief 23 Carson. He saw his responsibilities in 24 terms of reporting this event as ending 25 upon telling Skinner. After telling
651 Skinner, Deane did not tell anybody in 2 the CMU, that he can recall. He did 3 not think it prudent to discuss it at 4 that time. 5 Deane then returned to one of the force 6 vehicles where he spent the rest of his 7 shift until the early morning hours. 8 He did not leave the TOC until roughly 9 7:00 a.m. Deane went to the hotel in 10 Grand Bend, had a short sleep, and then 11 wrote his notes. Other members of the 12 TRU team stayed at the hotel. They 13 were not present in the room when Deane 14 wrote his notes. The only person Deane 15 spoke with, from the TRU team, about 16 this occurrence was Skinner." 17 MR. DONALD WORME: Commissioner, that is 18 the synopsis that was prepared, again, in relation to the 19 exhibits that we had filed being the sworn testimony of 20 the Late Kenneth Deane from the criminal proceedings as 21 well as the civil proceedings. And I think it bears 22 repeating that that synopsis is not evidence in these 23 proceedings. 24 I should also say, sir, that the reasons 25 for decision from the criminal proceedings has already
661 been filed and the parties will find that at -- as 2 Exhibit 484. And I would lastly like to simply mention 3 that the maps that were marked in the course of that 4 criminal proceeding I will send an e-mail around simply 5 advising the parties as to the page numbers and lines of 6 the various markings that will be found on those maps. 7 So, with that, thank you, sir. 8 COMMISSIONER SIDNEY LINDEN: Thank you 9 very much, Mr. Worme, Ms. Ferrier. Thank you very much. 10 MR. DERRY MILLAR: Commissioner, the next 11 item today is to deal with the synopsis and some exhibits 12 with respect to Mrs. Isobel Jago. Mrs. Jago was going to 13 be a witness and we learned that she had passed away and 14 so that what we've done is prepared a synopsis. We have 15 two (2) items that we wish to file. 16 The first is and the Registrar should have 17 a book, it's at Tab 6 of the book of Ms. Jago. It's 18 Inquiry Document 1000338 and that is a statement given by 19 Ms. Jago on September 8th, 1995. It's six (6), excuse 20 me, Commissioner, seven (7) pages and perhaps that could 21 be marked the next exhibit? 22 THE REGISTRAR: P-1782, Your Honour. 23 24 --- EXHIBIT NO. P-1782: Document Number 1000338. OPP 25 Interview Report of Isobel
671 Jago, September 08, 1995. 2 3 MR. DERRY MILLAR: And Tab 9 of the book 4 in front of you, Commissioner, and the Registrar has, is 5 a copy of the -- of an interview of Ms. Jago held on 6 October 26th, 2004. This is an interview between -- 7 conducted by Inspector Rick Moss one (1) of our 8 investigators and Gerry Woodworth one (1) of our 9 investigators as well, Inspector Moss being our lead 10 investigator. 11 And normally we would not mark our 12 otherwise deal with a transcript of an interview, but in 13 the circumstances where we have limited knowledge with 14 respect to Ms. Jago, and the transcript gives additional 15 information for what she was -- what happened on the 16 evening of September 6th I would ask that the transcript 17 be marked the next exhibit? 18 THE REGISTRAR: P-1783, Your Honour. 19 20 --- EXHIBIT NO. P-1783: Interview of Isobel Jago by 21 Rick Moss and Jerry 22 Woodworth, October 26, 2004. 23 24 MR. DERRY MILLAR: Excuse me -- 25 COMMISSIONER SIDNEY LINDEN: 1783.
681 MR. DERRY MILLAR: Excuse me. Thank you. 2 COMMISSIONER SIDNEY LINDEN: It's a 3 twenty-five (25) page transcript. 4 MR. DERRY MILLAR: It's a twenty-five 5 (25) page transcript. 6 And Ms. Jago, just so that everyone 7 understands before I read the synopsis, Ms. Hannahson 8 pointed out yesterday on -- marked on Exhibit P-1760 that 9 Ms. Jago lived at the second house in from the sandy 10 parking lot and it's marked Number 2 on Exhibit 1760. 11 And again as My Friend Mr. Worme has said, 12 this synopsis that I'm about to read is not the evidence 13 it's simply a synopsis for the benefit of the public. 14 15 SYNOPSIS OF TESTIMONY BY MS. ISOBEL JAGO: 16 MR. DERRY MILLAR: "Isobel Jago was born 17 on July 18th, 1930. Mrs. Jago passed 18 away in early 2006. Her family has 19 owned land along Lake Huron in 20 Ipperwash since 1911. In 1986 she and 21 her husband William Jago built a 22 cottage on East Parkway Drive at the 23 intersection of Army Camp Road. The 24 address of the cottage is 6842 East 25 Parkway Drive."
691 And as noted it's marked Number 2 on 2 Exhibit P-1760. 3 "In September of 1995 the cottage had a 4 view of the Ipperwash Provincial Park. 5 From her kitchen window she was able to 6 see the gate to the Park and the store. 7 A row of cedar trees blocked her view 8 of the corner where Army Camp Road 9 joined East Parkway Drive. 10 Prior to September 1995 Mrs. Jago had 11 never had any problems or encounters 12 with any First Nations people. She did 13 not know of any -- any of the First 14 Nations people in the Park. She was 15 aware that the Army Camp had been taken 16 over and she had heard on the news and 17 read in the newspaper that they were 18 trying to get an injunction. 19 On September 4, 1995, she and her 20 husband were at the cottage. She noted 21 that it was quiet until the early 22 evening when she began to hear loud 23 noise coming from the Park. The noise 24 included the loud music and cars 25 revving their engines while driving
701 around. 2 She observed a car with quote, 'OPP 3 Who?' close quote, painted on it. She 4 also observed men with baseball bats 5 striking things in the Park and in 6 particular they were striking a 7 dumpster which created a loud noise. 8 She observed a bonfire in the vicinity 9 of the store. Later that evening 10 things calmed down. She did not 11 observe any Aboriginal people come out 12 of the perimeter of the Park." 13 September 5. 14 "On September 5 she noted that the 15 media had arrived. She spoke with a 16 reporter for the -- from the London 17 Free Press who informed her that the 18 Aboriginal people were not allowing 19 reporters into the Park with the 20 exception of one (1) First Nations 21 reporter. 22 Her husband left the cottage on 23 September 5 to return to their home in 24 Brantford. Mrs. Jago -- Mrs. Jago 25 planned to remain at the cottage until
711 September 19, 1995. Before leaving Mr. 2 Jago has asked officers if it was 3 alright for his wife to stay. 4 The officers had told her husband not 5 to be concerned. Mrs. Jago wanted to 6 stay because her sister-in-law, Fran 7 Hannahson, was at the cottage next door 8 with her four (4) year old grandchild. 9 Mrs. Hannahson did not have a phone at 10 her cottage. On September 6 she noted 11 a number of picnic tables piled up 12 across the beach access road and 13 believe that the protesters had placed 14 them there to prevent anyone from 15 parking there. 16 She also observed a tent and bonfire 17 just outside the Park gate. She saw 18 officers load the picnic tables on a 19 Ministry of Natural Resources truck. 20 She describes the officers as being in 21 camouflage or at least not in their 22 regular uniforms and they were armed 23 with long guns. 24 While they were loading the picnic 25 tables onto the truck she observed a
721 number of First Nations people around 2 and she believed they were jeering at 3 the officers. Th remainder of the day 4 was quiet with the exception of 5 obscenities being directed towards the 6 police by some of the occupiers and 7 some Native music being played. 8 She was aware that there was one (1) 9 roadblock set up at Army Camp Road and 10 East Parkway Drive and another 11 roadblock was across East Parkway Drive 12 south of the Park." 13 And although that's -- in her statement 14 it's given the description, Commissioner, that was 15 probably an error. It probably is on Army Camp Road, the 16 second roadblock. 17 "Later in the afternoon she noted about 18 eleven (11) First Nation people were at 19 the fence line inside the Park in a 20 treed area. They have large mirrors. 21 It appeared to her that they were 22 trying to direct sunlight into the 23 officer's faces. 24 Later three (3) teenagers came to the 25 fence and continued to reflect light at
731 the officers. In addition to the 2 roadblocks, Mrs. Jago noted that there 3 were two (2) police boats in the water 4 and a police car parked on the beach 5 directly in front of her cottage. 6 She witnessed the OPP Who car drive 7 through the Park fence onto the beach 8 access road and then drive back into 9 the Park. She believed this was done 10 to defy the officers. 11 She also noted a dump truck driving 12 around and pushing the dumpster. This 13 was making a great deal of noise. 14 Sometime between 4:00 p.m. and 4:30 15 p.m., Mrs. Jago observed a yellow 16 helicopter hovering over the Park. The 17 helicopter was approximately 50 feet 18 from the Beach Access Road and remained 19 in the area for about ten (10) to 20 fifteen (15) minutes. 21 She described the helicopter was flying 22 very low, creating lots of dust. She 23 recalled the door was open and someone 24 was hanging out taking pictures. 25 At this point, Mrs. Jago still felt
741 safe. The police presence made her 2 feel safe. As well, she never believed 3 the situation would escalate the way it 4 did. 5 She received a call from the OPP 6 officer from Grand Bend before things 7 began to escalate. The officer told 8 her to stay inside and go to the 9 basement if she heard anything." 10 We don't have an audio call with respect 11 to this call and it was from Grand Bend so presumably it 12 was not recorded. 13 "It was almost dark when she looked out 14 a window in her cottage. Trees and a 15 Park sign restricted the view in front 16 of her cottage. She could see OPP 17 officers lined up in two (2) rows 18 across the roadway. They were wearing 19 grey uniforms. They were located at 20 the base of the first cottage driveway 21 on East Parkway Drive. 22 At that time she could not tell if they 23 had shields. Mrs. Jago noted that they 24 were backing up in formation. She 25 heard shouts emanating from the Park
751 and she believe First Nations people 2 were on the access road shouting. 3 There was not enough light to see 4 whether the police and the First 5 Nations people were fighting. Suddenly 6 she observed a yellow school bus 7 driving down East Parkway Drive with 8 its lights on. 9 She assumed the bus had driven through 10 the dumpster and fence. She saw a car 11 following the bus out. She believed 12 the bus was being used to strike the 13 officers down. 14 She saw the officers scatter. The bus 15 stopped at the end of her driveway and 16 she believed it then reversed back 17 towards the Park. 18 She vividly recalls seeing the 19 passenger door when it stopped in front 20 of her driveway. She could not see who 21 was driving the bus. She did not know 22 where the car was because she was 23 focussing on the bus at this time. 24 She then saw the OPP officers with 25 shields march in formation and stop at
761 the base of Army Camp Road and the 2 Beach Access, approximately 50 feet 3 from the Park gate. 4 She heard gunfire when the officers 5 were standing with their shields. She 6 could see First Nations people running 7 between the police and the gate. She 8 did not observe any muzzle flashes. 9 She described the gunfire as having 10 gone on for a while. 11 She believed she heard approximately 12 twenty (20) shots fired in rapid 13 succession. She was not familiar with 14 guns and at first was not even aware 15 that she was hearing gunfire. 16 She had never seen any First Nations 17 people in the Park with firearms. 18 She moved away from the window and 19 could no longer see the OPP or the 20 First Nations people. She could not 21 hear -- she could hear the First 22 Nations people calling the OPP 23 murderers. 24 She received a call from Sergeant Reid 25 -- Steve Reid who told her to pack a
771 small bag because she was going to be 2 evacuated. This was the officer that 3 had called her earlier in the evening 4 to tell her to stay indoors. 5 Mrs. Jago looked out her bedroom window 6 and observed about six (6) First 7 Nations people at the end of her 8 driveway. She had described them as 9 all crouched down looking for something 10 in the same area as where the bus had 11 stopped. She did not believe the 12 police had seen them. 13 She called 991. She informed the 14 police that there was a group of 15 Natives at the end of her driveway and 16 she had no idea what they were doing." 17 And at Tab 2 of the book in front of you, 18 Commissioner, is a copy of a transcript of a call -- 19 that's transcribed by our office, at 00:22 hours on 20 September 7, 1995 between Chatham Communications Centre 21 and Isobel Jago. 22 Mrs. Jago identifies herself on the call, 23 identifies her address, and indicates she had spoken to 24 someone about ten (10) or fifteen (15) minutes ago and 25 wanted to report that there were some people at the end
781 of her driveway; and she indicated about a dozen of them. 2 And it was approximately 100 feet from the house down to 3 the end of the driveway. 4 And I would ask that this transcript be 5 marked the next exhibit? 6 THE REGISTRAR: P-1784. 7 8 --- EXHIBIT NO. P-1784: Transcript of Chatham 9 Communication Centre, Isobel 10 Jago, September 07, 1995, 11 00:22 hrs, Chatham 12 Communications Centre, OPP 13 logger tape number 146, Track 14 3, Disc 3 of 20. 15 16 MR. DERRY MILLAR: And at the next tab, 17 Tab 4, -- Tab 3, excuse me, there is a transcript of a 18 call between the Command Post and the -- it's described 19 as between the Command Post and the Communications 20 Centre. And it's at 00:23 hours. 21 And I'm not certain on this one if we have 22 to add seven (7) minutes but I don't think we do, because 23 this call is simply a call from, I think it's Sergeant 24 Dwksbury, D-W-K-S-B-U-R-Y (sic), from the Communications 25 Centre to the Command Post reporting that they had spoken
791 to Mrs. Jago, and she had reported that there were people 2 at the end of her driveway. And gave them her telephone 3 number and the Command Post said they would try to get a 4 hold of her. 5 And I would ask that this be the next 6 exhibit? 7 THE REGISTRAR: P-1785, Your Honour. 8 9 --- EXHIBIT NO. P-1785: Transcript of Mobile Command 10 Unit, Isobel Jago, September 11 07, 1995, 00:23 hrs, Mobile 12 Command Unit Opp logger tape 13 number 4, Track 1 , Disc 2 of 14 3. 15 16 MR. DERRY MILLAR: "And what then 17 happened: Approximately ten (10) 18 minutes later Mrs. Jago received a call 19 from Sergeant Stan Korosec asking if 20 she could still see people at the end 21 of her driveway. She told him they 22 were gone but they were definitely 23 First Nations people. 24 Sergeant Korosec told her that the 25 officers would come to get her but he
801 said it would take time. He suggested 2 she pack a bag. She told him she heard 3 gunfire and asked of what side it came 4 from. He replied, from both sides." 5 And if you turn to Tab 4 there's a 6 transcript of the call between Isobel Jago and Stan 7 Korosec at 00:36 hours on September 7th. 8 And I would ask that that be the next 9 exhibit. 10 THE REGISTRAR: P-1786, Your Honour. 11 12 --- EXHIBIT NO: P-1786: Transcript of Stan Korosec, 13 Isobel Jago, September 07, 14 1995, 00:36, hrs, Mobile 15 Command Unit OPP Logger tape 16 number 4, Track 3, Disc 2 of 17 3. 18 19 MR. DERRY MILLAR: "At approximately 2:30 20 a.m. on September 7th she noted that 21 the Park store was in flames and she 22 observed the people dancing around the 23 fire. This was the first time she 24 became frightened. She spoke to 25 Sergeant Reid a few more times in the
811 early morning hours of September 7th 2 and he informed her that officers would 3 be coming to get her out of her 4 cottage. 5 She left the cottage as approximately 6 5:30 a.m. with a police escort. She 7 did not return to her cottage for 8 approximately two (2) weeks. It had 9 been broken into and lived in during 10 this time. Officers had told her that 11 it was First Nations people that had 12 broken in and she later saw some of the 13 First Nations people wearing some of 14 her clothing. 15 Subsequent to September 6th the Jagos 16 had a number of break-ins at their 17 cottage. New Year's Eve 1995 they were 18 at the cottage with friends and their 19 car tires were slashed. 20 Prior to September 6th, 1995, their 21 cottage had not been broken into and 22 their property had not been 23 vandalized. Ms. Jago gave a statement 24 to the OPP on September 8th, 1995 [the 25 one that we've marked]. She did not
821 testify at any Ipperwash-related 2 proceedings." 3 And again the -- that synopsis is not a -- 4 is not in evidence, it's just a synopsis. 5 Now, Commissioner, this isn't an exact 6 science calling witnesses. As I explained before the 7 three (3) witnesses that we're calling from Canada, 8 Messrs. Smith, Howse, and French for a variety of reasons 9 were not available this week. And so we do not have 10 another witness this week and I would ask that we adjourn 11 until Monday morning at 10:00 a.m. 12 COMMISSIONER SIDNEY LINDEN: Unless 13 anyone has any objections that's exactly what we'll do. 14 And I still hope that everybody will be able to join us 15 at the barbecue tonight but we will reconvene on Monday 16 morning at 10:00 a.m. 17 MR. DERRY MILLAR: Thank you very much, 18 sir. 19 COMMISSIONER SIDNEY LINDEN: Thank you 20 very much. 21 THE REGISTRAR: This Public Inquiry is 22 adjourned until Monday, June the 26th, at 10:00 a.m. 23 24 --- Upon adjourning at 11:00 a.m. 25
831 2 Certified Correct 3 4 5 6 7 8 ___________________________ 9 Carol Geehan 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25