Latest News

Winnipeg Free Press - ONLINE EDITION

Phoenix Sinclair inquiry expected to take 90 more days

By: Carol Sanders

Posted: 11/14/2012 1:50 PM | Comments: 0

Enlarge Image

Phoenix Sinclair is seen as a baby in photo submitted at the inquiry.

Related Items

Articles
- Phoenix inquiry resumes after legal delay

The Phoenix Sinclair inquiry is taking longer than expected and will cost more than any other public inquiry in Manitoba history, commissioner Ted Hughes said as public hearings resumed at the oft-delayed inquiry this morning.

The inquiry into the 2005 death of the five-year-old in care was established 19 months ago, with Hughes' report due last March.

"The fact is, we have heard evidence for only 2-¾ days," Hughes said this morning in a prepared statement.

The inquiry has been stalled by legal challenges filed by child welfare agencies and the union representing social workers.

Hughes said the public hearings will take another 90 days between now and May 31, "barring further turns in the road."

He reminded the hearing attendees the reason they are there: "...The centrepiece of our work, as a lasting memorial to the short life of litle Phoenix Sinclair, is the protection of all children, particularly the most vulnerable of them throughout the province."

The inquiry is examining how Phoenix's case fell through the cracks of the child welfare system. She was beaten to death in 2005 by her mom, Samantha Kematch, and her mom's boyfriend, Karl McKay, months after social workers removed her from a foster home and gave her back to her mother.

In the first five months of her life, Phoenix had four different social workers. They had five different supervisors.

In September, Orobko told the inquiry staffing levels were so low, it was impossible to meet provincial standards. When his staff was overwhelmed, he "marshalled" files in his office, holding cases until he had the staff to handle them. Sometimes, he took on the files himself, up to 20 cases at one point, when he was supposed to be supervising them, he told the inquiry earlier.

His testimony was cut short three days after the public hearings began when the Manitoba Court of Appeal agreed to hear arguments over whether previous witness interviews should be fully disclosed. Several child welfare authorities fought the decision by inquiry commissioner Ted Hughes to give them only summaries of the commission's pre-inquiry interviews with the 140 or so witnesses who are scheduled to testify. They asked the Manitoba Court of Appeal to grant them the full transcripts -- about 11,000 pages that would have to be reviewed line by line to delete confidential information before they could be released.

Last month, the court refused the request, allowing the inquiry to proceed.

Inquiry counsel Sherri Walsh called that delay "unfortunate" for the many witnesses anxious to testify.

The high court's decision, however, is helping to guide the inquiry and will be useful to other inquiries across Canada, she said.

"I am confident we will now be able to move forward to tell the story of Phoenix and to be in a position ultimately to answer not only what happened, but also how can this tragedy be understood."

The inquiry has also been delayed by challenges from the union representing Manitoba social workers and child welfare agencies. The Manitoba Government and General Employees' Union went to court to try to limit the inquiry from finding fault. It lost that battle. It lost another court battle to grant anonymity to social workers who testify.

In March 2011, the Manitoba government announced Hughes would conduct an inquiry to examine the circumstances surrounding the death. It was to look at the child welfare services provided or not provided to the girl and her family under the Child and Family Services Act, any other circumstances directly related to her death, and why Phoenix's death remained undiscovered for several months.

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories? Please use the form below and let us know.

* Required

In which story did you find the error? *
Please post the headline of the story or the title of the video with the error.
What was the error? *
Please post exactly what was wrong with the story.
What should we have written?
Please indicate your source for the correct information.
Who else should we interview to improve this story?
Please include any contact information you may have.
Can we contact you in the future for advice on stories about this topic?
Yes

No
First Name: *
Last Name: *
E–mail Address: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Phone: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Colour:
Are you blue? If you can see this, leave it blank and get some CSS support.
Enter the words that you see: * This is to prevent our forms from being filled out automatically.
You have failed to correctly identify the words in the box above. Please try again.

More Latest News

Undock

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.