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On Jan. 18, in a landmark police tribunal, Ontario Provincial Police (OPP) officer Ken Deane was ordered to resign for breaching the province's policing code of conduct and for being convicted of criminal negligence in the death of unarmed Native protestor, Dudley George.
Adjudicator Loyall Cann delivered her decision to the 150 spectators at the hearing, which was held at the London Hilton Hotel. The hearing room was clearly divided over Deane's fate.
Deane was asked to submit his resignation within seven days or face dismissal. In September 2001, he pleaded guilty to a charge of discreditable conduct under the Police Services Act. He was convicted of criminal negligence causing death in 1997 and was sentenced to two years less a day to be served in the community. Both the Ontario Court of Appeal and the Supreme Court upheld the ruling.
Of the ruling, Cann said Deane's continued presence on the force would damage the police organization's reputation. "What could possibly be more shocking to society than to have a sworn, fully-trained and experienced police officer, while on duty, in full uniform, using a police-issued firearm, kill an unarmed citizen?.... This is further aggravated by the fact that the sworn police officer was found to have concocted and fabricated his evidence," she said, referring to a finding by Judge Fraser in Deane's criminal trial.
Cann noted Deane's exemplary service record, "however, I am convinced, based on the evidence of the two First Nations chiefs (Bressette and Maness), that there is still much to be done to repair the damage inflicted on First Nations peoples, on the night of Sept. 6, 1995," Cann said. "A police officer who can serve some, but not all of the public, can no longer be considered useful."
She cited one of the defense witnesses being approached by the Aboriginal community in the eastern region of the province and "they told him they did not want Ken Deane in their territory."
Pierre George, one of Dudley's brothers present for the decision, said "my belief is that he got away with murder, even though he got fired, but I do feel that Dudley did get justice today."
His cousin, Cathy George, added: "Deane never showed any remorse."
OPP Superintendent Rick Kotwa said the OPP accepts the adjudicator's decision.
"We respect due process and the officer has 30 days in which to appeal the decision."
Brian Adkin, OPP association president said, "We are disappointed with today's decision and will file an appeal."
Deane's lawyer, Ian Roland said, "Understandably, we're very disappointed in how little weight the hearing officer gave to the extraordinary career of Sgt. Deane, both before and after the incident, and we're going to appeal."
Sam George, Dudley's brother, said, "This is a small piece of justice that's taken place here today, with (Deane) finally being asked to leave. But there has to be more.... and a public inquiry would be a good starting point." Pierre agreed.
"A public inquiry would be nice. But also, I feel sad for a fellow that has so recklessly thrown away his whole career just because he felt he could get away with shooting an unarmed man. He hurts not only our family, he hurts his own family. I feel sad for both families. No one is a winner."
Stoney Point Elder Clifford George said, "It was inevitable that the OPP had to get rid of Ken Deane. Otherwise it would be a black mark against the OPP. He is done with the OPP and that's the way it should be."
Reaction was swift from other George family supporters.
"The decision to remove Deane from the police force is a good one and a fair one," the Coalition for a Public Inquiry said in its public statement. "It sends a signal to all police in Ontario that they must respect the human rights of Indigenous peoples."
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