Motion Brief - Phoenix Sinclair Inquiry

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51. While Ms. Kehler suggested in her affidavit that there were privacy rights
belonging to social workers that would be infringed if their identities were made public
when they testify, she admitted on cross examination that she had no basis for making
that statement.
Affidavit of Janet Kehler, 2011 para 17 and 26
Cross Examination of Janet Kehler, page 16, line 16
52. In Paragraph 44 of her affidavit, Shirley Cochrane testified that social workers
“understand that court proceedings are not open to the public and that their names as
well as those of the families involved cannot be published by the media.” However, on
cross examination, Ms. Cochrane admits that social workers are identified without
publication bans in child death inquests. She agrees that anyone who has experience
with the system understands that if there is a death of a child in care their name may be
made public. She does not tell her social workers otherwise.
Affidavit of Shirley Cochrane, pages 25 to 26
E. There is no evidence that connects identification of social workers to
an increased risk of physical danger
53. It is part of the job of a social worker providing child and family services to deal
with potentially volatile individuals. This can be and is managed through good training
and by implementing appropriate policies and procedures. While there is a risk to social
workers that must be managed, there are systems in place to manage this risk including
careful risk assessment tools and protocols for attending with others and with police
where there is a risk identified.
Affidavit of Shavonne Hastings, paras 12, 13, 14 and 15