Winnipeg Free Press - PRINT EDITION

In Brief

  • Print

Inquiry to resume April 15

THE inquiry into the death of Phoenix Sinclair will resume April 15.

The often-delayed probe's latest setback follows a conflict of interest involving a law firm representing a number of social workers as well as the General Authority, their superiors who run Manitoba's child-welfare agencies. New lawyers will now represent the General Authority at the inquiry and need time to prepare, commissioner Ted Hughes has said.

The inquiry was ordered by the province to examine how the little girl, in and out of care from the time she was born in 2000, fell through Manitoba's child-welfare safety net. She was murdered in 2005 by her mother and stepfather but her death wasn't discovered by authorities until nine months later.

Peguis case thrown out

A federal judge has denied a court challenge by Peguis First Nation seeking to force Ottawa to sell it the Kapyong Barracks land.

Justice Judith Snider, in a ruling March 13, dismissed the entire case as a waste of the court's time.

"I hope that the applicants, in any such future application, are much more knowledgeable of the Federal Courts Rules and what relief can or cannot be sought," Snider wrote.

Peguis wanted the court to order Canada to sell Peguis the barracks land on the same terms and conditions it had planned to sell it to the Canada Lands Co. in 2007. Peguis also wanted Canada found in contempt of another court order, issued in December, to consult four First Nations, including Peguis, before proceeding with any sale of the land in question.

The court order, issued in December, was the latest decision in a battle between Ottawa and First Nations over the 64.7 hectares occupied by Kapyong Barracks. After the December decision, Peguis made an offer to buy the land and went to Federal Court when Ottawa declined the offer.

Sinclair's family appeals

LAWYERS for the family of Brian Sinclair were in court Wednesday in an attempt to put their lawsuit against the Winnipeg Regional Health Authority and the province back on the rails.

The family says in its $1.6-million lawsuit that the WRHA and the province violated Sinclair's charter rights and allowed the Health Sciences Centre emergency room to operate even though it constituted a public nuisance to vulnerable aboriginal patients.

But last year, Court of Queen's Bench Master Shayne Berthaudin said the family doesn't have a case to make on those grounds and it can't proceed.

Sinclair's family appealed the ruling, and in a hearing this week, their lawyer, Vilko Zbogar, argued Berthaudin made a mistake. "It appears the doctrine of public nuisance in some respects is a poorly understood area of the law," Zbogar told Justice Kenneth Hanssen.

Sinclair, a 45-year-old double amputee, was found dead in his wheelchair in HSC's emergency waiting room on Sept. 21, 2008. He died of a treatable bladder infection caused by a blocked catheter, after waiting 34 hours for care.

A provincial inquest to examine the Sinclair case and emergency-room procedures is set for August.

Government lawyer Heather Leonoff told Hanssen the Sinclair family's case is legally flawed. She said Brian Sinclair's charter rights died with him and can't be brought by his estate.

-- staff

Republished from the Winnipeg Free Press print edition March 22, 2013 A7

Fact Check

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
  • Please post the headline of the story or the title of the video with the error.

  • Please post exactly what was wrong with the story.

  • Please indicate your source for the correct information.

  • Yes

    No

  • 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.

  • Cancel

Having problems with the form?

Contact Us Directly
  • Print

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

Have Your Say

Comments are open to Winnipeg Free Press print or e-edition subscribers only. why?

Have Your Say

Comments are open to Winnipeg Free Press Subscribers only. why?

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.

letters

Make text: Larger | Smaller

LATEST VIDEO

Theresa Oswald announces bid for NDP leadership

View more like this

Photo Store Gallery

  • Bright sunflowers lift their heads toward the south east skies in a  large sunflower field on Hwy 206 and #1 Thursday Standup photo. July 31,  2012 (Ruth Bonneville/Winnipeg Free Press)
  • A baby Red Panda in her area at the Zoo. International Red Panda Day is Saturday September 15th and the Assiniboine Park Zoo will be celebrating in a big way! The Zoo is home to three red pandas - Rufus, Rouge and their cub who was born on June 30 of this year. The female cub has yet to be named and the Assiniboine Park Zoo is asking the community to help. September 14, 2012  BORIS MINKEVICH / WINNIPEG FREE PRESS

View More Gallery Photos

Poll

Do you think it's a good idea for Theresa Oswald to enter NDP leadership race?

View Results

View Related Story

Ads by Google