Winnipeg Free Press (Newspaper) - July 31, 2013, Winnipeg, Manitoba
C M Y K PAGE A5
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C OMMISSIONER Ted Hughes on
Tuesday permanently adjourned
the inquiry into the death of
Phoenix Sinclair, a probe that turned
Manitoba's overwhelmed child- welfare
system inside out and put it under the
microscope.
The inquiry began in September
2012, and Hughes presided over 91 days
of hearings involving 126 witnesses.
He has until Dec. 15 to present his final
report and guidance to the province on
how to protect Manitoba children.
He has his work cut out for him.
Several reports in the months following
the 2006 discovery of Phoenix's
death have already made many recommendations
that have been implemented,
the inquiry heard.
Phoenix's remains were discovered
at the dump on the Fisher River reserve
in March 2006 - nine months after her
mother and the woman's boyfriend
abused her so badly she died.
There are now better tools for social
workers trying to assess risk, supports
for families who need help rather than
yanking kids from the home, and better
quality assurance checks in place, witnesses
testified.
The number of kids in care in Manitoba,
however, continues to grow. There
are nearly 10,000, and more than 80 per
cent are aboriginal. Hughes said he
wants to address the overrepresentation
of aboriginal children in care and
asked parties to the inquiry for help.
Poverty, lack of education, substance
abuse and poor housing are all factors
that lead to child maltreatment, experts
told the inquiry. Social ills passed
down through generations stem from
colonization and residential schools
that stripped aboriginal people of their
homes, livelihoods, families and roots,
they said. More funding is needed to
right the wrongs, but in order to break
the cycle, the solutions have to come
from within the aboriginal community,
the inquiry heard over and over.
But getting consensus from the aboriginal
community on what to do
won't be easy. On Tuesday, during final
submissions, the lawyer for Manitoba's
chiefs told Hughes not to give much
weight to the recommendations of
urban aboriginal agencies.
" They claim to have a mandate to
represent aboriginal people in Winnipeg,"
said Jay Funke, counsel to the
Assembly of Manitoba Chiefs and the
Southern Chiefs Organization. " We dispute
that."
The Aboriginal Council of Winnipeg
told Hughes on Monday in order to end
the cycle of aboriginal children in care,
there needs to be more education and
establishing an aboriginal education
authority and aboriginal school division
would be the first step.
" My clients have the mandate of
their membership," said Funke. " The
Aboriginal Council is not the elected
representatives."
Ka Ni Kanichihk Inc., a non- profit
agency that helps aboriginal youth in
Winnipeg, said there needs to be more
services provided by aboriginals for
aboriginals. They're part of the community,
know how to help the community
and want to be partners with the
province in providing more services
to aboriginal people, counsel Catherine
Dunn said earlier.
" Their role in the child- welfare system
has to be carefully considered,"
Funke warned Hughes. " They need to
be engaged at the community level and
involved - not controlling the process
or equal partners."
" If we cast the net that wide, there
are a multitude of community- based
organizations. Who else becomes an
equal partner? You start to go down a
road where the resulting process becomes
so unwieldy as to become unmanageable,"
Funke said.
The lawyer for the Aboriginal Council
of Winnipeg said he was disheartened
suggestions were being diminished by
the chiefs because of where ideas were
coming from, not their content.
carol. sanders@ freepress. mb. ca
Head of the inquiry
SASKATOON- BORN Ted Hughes became a lawyer in
1952 and a judge in 1962.
He was the first conflict- of- interest commissioner in
British Columbia and ran an investigation that led to
the resignation of premier Bill Vander Zalm. In 2005,
Hughes was appointed to examine British Columbia's
method of reviewing child deaths following the death of
an aboriginal girl in foster care. He recommended the
creation of an independent overseer for child welfare,
with extra attention paid to aboriginal communities and
vowed to go on a public speaking tour to shame the
province if it did nothing. It passed legislation creating
the watchdog position.
In Manitoba, he led the 1991 inquiry into the arrest
of lawyer Harvey Pollock on a bogus sexual assault
charge. Pollock was the lawyer for the family of J. J.
Harper, who was shot to death by police. Pollock, who
believed he was the subject of a police vendetta, was
vindicated by Hughes and Winnipeg police chief Herb
Stephen resigned.
Hughes led the inquiry into the 1996 Headingley inmate
riots and reported on low guard morale, a prison
population that was nearly 80 per cent aboriginal and a
social powder keg ready to blow.
In March of 2011, he was appointed to look into
how five- year- old Phoenix Sinclair slipped through
Manitoba's child- welfare safety net, any other circumstances
related to her death and why it remained
undiscovered for nine months. It was delayed by
several legal challenges from the union representing
social workers, agencies and aboriginal leaders before
and after it began in September 2012. Hughes' report is
due Dec. 15.
- sources: Law Society of British Columbia, Wikipedia
Phoenix inquiry ends testimony, adjourns
Report due Dec. 15
from 91- day probe
By Carol Sanders
MIKE DEAL / WINNIPEG FREE PRESS
Justice Ted Hughes enters the Phoenix Sinclair inquiry for the last day of submissions.
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