Motion Brief - Phoenix Sinclair Inquiry

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57. There is thus no evidence linking the identification of social workers with an
increased level of risk.
F. Alleged relationship between the identification of Professional
Witnesses in the media and the risk of the negative consequences to
the child welfare system relied upon by the Applicants
58. A number of the affidavits filed by the Applicants address the wisdom of holding
public inquiries following the death of children involved in the child welfare system and
describe potential negative outcomes.
59. The criticisms focus on many aspects of the process from the death of the child
to the conduct of the Inquiry to the content and implementation of inquiry
recommendations. This evidence simply does not demonstrate a causal connection
between the publication of identities of Professional Witnesses and the risks the
Applicants rely upon as the justification for the publication bans.
60. The Affidavits of Cheryl Regehr and Bruce Rivers in particular are directed to the
issue of negative outcomes from holding public inquiries into the death of children. The
evidence of Cheryl Regehr is discussed in further detail in Appendix “B” and the
evidence of Bruce Rivers is further discussed in Appendix “A”.
61. Ms. Kehler and Ms. Cochrane provided evidence that many of the negative
consequences that they suggest will be caused if they are unsuccessful on this motion
have in fact already occurred, even though there has not been any media publication of
the identity of Professional Witnesses. This evidence demonstrates the weakness of