Phoenix Sinclair

Phoenix Victoria Hope Sinclair (23 April 2000 – 11 June 2005) was a Canadian five-year-old girl who was murdered by her mother and stepfather. The circumstances of her life and death resulted in the Inquiry into the Circumstances Surrounding the Death of Phoenix Sinclair, one of the largest public inquiries ever held in Manitoba, examining the child welfare system.

Biography Phoenix Sinclair was born on 23 April 2000 in Winnipeg, Manitoba, Canada, to Samantha Kematch and Steve Sinclair. Her father chose her name. Both of her parents had previous involvement with child welfare authorities, and Kematch had a previous child who was a permanent ward of the state. Phoenix was immediately placed in the custody of the Child and Family Services (CFS) agency, as her parents were assessed as being unprepared to care for a baby. She was first housed in a temporary shelter and later with foster parents, where her parents were allowed visitation rights. Phoenix was returned to her parents in September, with conditions including that they receive training on how to care for children and supervision from social services; however, according to the inquiry on Phoenix's case, the training and assessment provided by CFS was inadequate.

As of summer 2001, Phoenix's case had been referred to CFS on several occasions. The agency considered Steve Sinclair to be the "primary caregiver" of record for Phoenix. However, during this period she spent most of her time at the home of Kim Edwards, a family friend. The agency's file on Phoenix was closed in early 2002, but another was opened when Phoenix was hospitalized in February 2003, as medical personnel expressed concerns regarding possible neglect. New CFS files were opened for the family in November 2004, when the couple had another baby, and in March 2005 after reports of abuse; both were quickly closed. McKay and Kematch moved to Fisher River Cree Nation in April 2005, taking with them Phoenix, their other child, and a twelve-year-old son of McKay's from a previous relationship; a second son (aged 14) also lived with them occasionally. Another CFS file was opened in May 2005 after someone claiming to be a relative called the agency with concerns of possible neglect. The convictions were later confirmed on appeal.

An official inquiry into the case of Phoenix Sinclair was announced in October 2006 but was delayed until the completion of legal proceedings against Kematch and McKay. The Manitoba Government and General Employees' Union (MGEU), which represents the social workers employed by CFS, filed a challenge to the province's authority to convene an inquiry on the case in early 2012, but the challenge was dismissed, as was a later attempt to impose a publication ban on the names of the social workers involved. The inquiry officially began on 5 September 2012 but was delayed by further legal challenges; it resumed in November. Further delays arose in February and March 2013 concerning a conflict of interest problem for some lawyers involved and a publication ban on the name of McKay's sons and their mother (which was granted). The inquiry was finally completed in July 2013 and the final report released in January 2014.

The inquiry report, written by commissioner Ted Hughes, made "62 recommendations for improving the child welfare system and is a call out to address 'deeply rooted' issues". The province of Manitoba announced that it had or was planning to implement many of the suggested changes, and issued a formal apology, stating that "the child welfare system failed Phoenix Sinclair".

Hughes concluded that To truly honour Phoenix, we need to provide all of Manitoba's children with a good start in life, and offer to the most vulnerable an escape from the cycle of poverty and vulnerability... The public interest that this Inquiry has received encourages me in the belief that achievement of the better protection of all Manitoba's children, and especially the most vulnerable, will be the true legacy of Phoenix Sinclair.