Affidavit of Michael Bear - Phoenix Sinclair Inquiry

The Section 10 Report
[98] Most importantly in the context of this inquest, the Chief Medical
Examiner's Office is responsible for conducting a review of agency files
pursuant to Section 10 of the Fatality Inquiries Act This requirement is
based on two criteria: a child in care has died or a child has received
services within the previous 12 months.
[99] The Section 10 report is a review of the agency's record of service—
what services were provided to the family for whatever time period the
agency had been involved with that family. It is an examination of the
agency files. This report may result in recommendations being made which
may be addressed by the parties involved — Agency, Authority, Child
Protection Branch — as to their soundness and possible implementation.
[100] In this case, as a result of the Section 10 report, the Chief Medical
Examiner called an inquest and he set out his reasons for doing so as
previously indicated.
[101]As a result of the Section 10 report and its recommendations
prepared
for the Office of the Chief Medical Examiner, it would appear the Chief
Medical Examiner thought an inquiry would assist in answering the three
questions he outlined as the mandate for the inquiry.
[102] This section will deal with these recommendations and the evidence
called at the inquiry on the subject-matter of the recommendations.
[103] Ms Ginette Abraham was a special investigator with the Office of the
Chief Medical Examiner and her function was to prepare a Section 10 report
with respect to the death of Tracia Owen.
[104] Section 10 of The Fatality Inquiries Act reads as follows:
CME assessment
of agency
~10 I if the chief medical examiner receives an inquiry report about a deceased child who, at the time of
death or within the one year period before the death,
(a) was in the care of an agency as defined
in The Child and Family Services Act; or
(b) had a parent or guardian who was in receipt of services from an agency under The Chiid and
Family Services Act;
the chief medical examiner shall assess the quality or standard of care and service provided by the agency
by
(c) examining the records of the agency respecting the child and the parent or guardian; and
(d) reviewing the actions taken by the agency in relation to the child and the parent or guardian.