Winnipeg Free Press - PRINT EDITION

Phoenix inquiry resumes after legal delay

  • Print

The inquiry into the death of five-year-old Phoenix Sinclair picks up today where it left off in September.

Witness Andy Orobko, the North Winnipeg Child and Family Services intake supervisor who was both social worker and supervisor on Phoenix's case at one point, is set to continue testifying.

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.

carol.sanders@freepress.mb.ca

Republished from the Winnipeg Free Press print edition November 14, 2012 A5

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

Blake Wheeler talks about past season

View more like this

Photo Store Gallery

  • Marc Gallant/Winnipeg Free Press. Local- Peregrine Falcon Recovery Project. Baby peregrine falcons. 21 days old. Three baby falcons. Born on ledge on roof of Radisson hotel on Portage Avenue. Project Coordinator Tracy Maconachie said that these are third generation falcons to call the hotel home. Maconachie banded the legs of the birds for future identification as seen on this adult bird swooping just metres above. June 16, 2004.
  • A Canada goose flies towards the sun near the Perimeter Highway North and Main St Monday afternoon – See Day 10 for Bryksa’s 30 goose project - May 11, 2012   (JOE BRYKSA / WINNIPEG FREE PRESS)

View More Gallery Photos

Poll

Do you think Manitoba needs stronger regulations for temporary workers?

View Results

View Related Story

Ads by Google