Media oppose publication ban at Phoenix Sinclair hearing

Media outlets should be allowed to identify Manitoba social workers who were involved in the life and brutal death of a five-year-old girl, a lawyer for the outlets argues.

Jonathan Kroft began presenting arguments on Thursday afternoon on behalf of five media outlets, including CBC News, that oppose a bid to impose a publication ban on the names of social and child-welfare workers who were involved in the care of Phoenix Sinclair.

A public inquiry is set for September to examine how the child welfare system failedto protect Phoenix, who was beaten to death in her home at the age of five.

The Manitoba Government Employees Union, which represents those workers, and several child welfare authoritiesare asking for a publication ban that would forbid reporters from naming or photographing any workers.

MGEUlawyer Garth Smorang hasaccused the media of being "principally interested in the sensationalization of stories and the laying of blame,"not inaccuracy or truth.

As well, a lawyer for the child welfare authorities has argued that court cases involving children in care always have publication bans on the names of those involved.

But Kroft said thoseseeking the ban are government workers who are paid by taxpayers and entrusted to apprehend children when necessary.

"They are asking you to make it illegal for the media to tell the citizens of this province who they are," he told inquiry commissioner Ted Hughes during Thursday's hearingin Winnipeg.

Kroft pointed out that the MGEU tried earlier this year to quash the inquiry altogether on the grounds of legal validity and jurisdiction. The Manitoba Court of Appealdismissed the union's bidin February.

'This will not be a public inquiry,' lawyer warns

Kroft said the issue goes "right to the heart ofour democratic rights" andaccused the union and child welfare agenciesof wanting to control the public discussion coming from the inquiry.

"If you grant [the publication ban] this will not be a public inquiry," he said.

"You will have facilitated the promise made by the MGEU to its members not to have a public inquiry."

Kroft called the comments made by Smorang and other lawyers on Wednesday "extreme"and said he did not think he would have to explain to the inquiry the concept of freedom of the press.

Earlier in the hearing, which began Wednesday, Kris Saxberg, a lawyer for the regional authorities, said court cases involving child welfare always have such publication bans, and the inquiry should be no different.

But inquiry commissioner Ted Hughes questioned that assertion, saying the inquiry is supposed to be a public hearing.

Phoenix was killed on the Fisher River First Nation in June 2005, but it was not until nine months later that her body was found wrapped in plastic in an unmarked shallow grave.

The little girl died following neglect and repeated abuse by her mother, Samantha Kematch, and stepfather, Karl McKay, both of whomwere convicted of first-degree murder in 2008.

Phoenix had spent much of her young life in foster care before Kematch regained custody of her in 2004.

On Wednesday, Smorang saida publication ban on the names and images of social workersshould be done for the sake of the witnesses and the children the system is supposed to protect.

Saxberg addedthat media coveragethat names the social workers would "radiate distress through the system" and lead to increased apprehensionas social workers err on the side of caution and react to the negative coverage.

'Modest' request,some argue

He said a publication ban is an "extremely modest" request andthe public can attend the hearings in person if they want tosee the social workers on the stand and hear their names.

Intertribal Child and Family Services lawyer Hafeez Khan said thatalthough his client had little involvement in the Sinclair case, the controversy has affected the agency's ability to operate.

And publishing the names of social workers will hurt Intertribal's ability to attract and retain social workers.

"This is a system that is already under a fair amount of strain. There is a constant shortage of qualified workersthere is a high turnover rate," he said.

But Kroft argued that identifying the individuals involved in the Phoenix Sinclair case would help restore some confidence in the child welfare system.

"These are people, they are not Mr. X and Ms. Y," he said.

Hughesis expected to render his decision on the proposedpublication banon July 12.