Applications & Motions
Written Final Submissions
Written Submission - K Edwards-S Sinclair
Written Submission - D Verrier
Amended Joint Written Submissions - Authorities and ANCR (July 17 2013)
Written Submission - General Child and Family Services Authority
Written Submission - Department
Written Submission - University of Manitoba
Written Submission - Ka Ni Kanichihk
Written Submission - Aboriginal Council of Winnipeg
Applications for Standing – June 28 and 29, 2011
Applications for standing were heard on June 28 and 29, 2011:
- The Rules of Procedure and Practice as confirmed by the Commissioner at the hearing are available on the Legal Information page;
- Exhibits filed at the hearing, including the applications for standing, are available on the Exhibit List page as Exhibits 1, 2 and 3;
- Transcripts of the proceedings are available on the Transcripts page.
Applications for Stated Case
January 31, 2012
Request for Commissioner to state a case in writing to the Manitoba Court of Appeal
(34 KB PDF)
February 3, 2012
Originating Notice of Motion of Manitoba Government Employees’ Union [Court of Appeal]
February 8, 2012
Notice of Motion of Manitoba Attorney General [Court of Appeal]
(Note: A copy of other material filed by the parties in this matter can be obtained through the Manitoba Court of Appeal)
August 3, 2012
Request for Commissioner to state a case in writing to the Manitoba Court of Appeal
(39.5 KB PDF)
Authorities/ANCR Notice of Motion – August 16, 2012
Affidavit of Sandie Stoker (No. 1) – August 15, 2012
- Exhibit A - Manitoba Order-in-Council No. 89/2011 – March 23, 2011
- Exhibit B - Transcript of Proceedings of Press Conference of the Hon. E.T.N. Hughes, Commissioner – April 15,
- Exhibit C - Transcript of Proceedings (Standing Hearing) – June 28, 2011
- Exhibit D - Transcript of Proceedings (Standing Hearing) - June 29, 2011
- Exhibit E - Transcript of Proceedings (Standing Hearing) – June 29, 2011
- Exhibit F - Commission’s Rules of Procedure and Practice - June 29, 2011
- Exhibit G - Commission’s Amended Rules of Procedure and Practice - August 23, 2011
- Exhibit H - Notice of Motion of Authorities/ANCR - July 4, 2012
- Exhibit I - Motion Brief of Authorities/ANCR - July 4, 2012
- Exhibit J - Motion Brief of Commission Counsel - July 19, 2012
- Exhibit K - Reply Motion Brief of Authorities/ANCR - July 24, 2012
- Exhibit L -Transcript of Proceedings (Preliminary Motions) - July 24, 2012
- Exhibit M - Commissioner’s Decision (re Witness Interview Transcripts) - August 1, 2012
- Exhibit N - Request for Commissioner to State a Case - August 3, 2012
- Exhibit 0 - Commissioner’s Response to Request for Stated Case – August 8, 2012
Affidavit of Sandie Stoker (No. 2) – August 15, 2012
- Exhibit A – Winnipeg Sun article “Union should be ashamed: Brodbeck” – August 24, 2012
- Exhibit B – Winnipeg Free Press Article “Children’s Advocate off base” – June 11, 2012
- Exhibit C – Winnipeg Sun on-line edition article “MGEU won’t appeal Sinclair inquiry decision” – on or about March 2, 2012
Motion Brief of Authorities/ANCR – August 16, 2012
Publication Ban/Redaction Motions – July 4, 5 and 6, 2012
Motions have been made by:
The Canadian Union of Public Employees (CUPE);
The Department of Family Services and Consumer Affairs (now known as the Department of Family Services and Labour);
The General Child and Family Services Authority, First Nations of Northern Manitoba Child and Family Services Authority, First Nations of Southern Manitoba Child and Family Services Authority and Child and Family Services All Nation Coordinated Response Network;
Intertribal Child and Family Services (ICFS);
Potential Witnesses SOR1#, SOR# 2, SOR#4, PHN & TM;
Potential Witnesses SOR#5 and SOR#6;
Potential Witness SOR#8; and
University of Manitoba.
These motions are scheduled to be heard at 9:30 a.m. on Wednesday, Thursday and Friday, July 4, 5 and 6, 2012 in the
Pan Am Room at the Winnipeg Convention Centre, 375 York Avenue, Winnipeg, Manitoba.
The Commissioner will issue his decision on these motions at 9:30 a.m. on Thursday, July 12, 2012 in the Pan Am Room at the Winnipeg Convention Centre, 375 York Avenue, Winnipeg, Manitoba.
The following materials have been filed in support of the motions:
CANADIAN UNION OF PUBLIC EMPLOYEES (CUPE)
Notice of Motion
Affidavit of Scott Clark affirmed April 4, 2012
DEPARTMENT OF FAMILY SERVICES AND CONSUMER AFFAIRS (now known as THE DEPARTMENT OF FAMILY SERVICES AND LABOUR)
Notice of Motion dated April 3, 2012
THE GENERAL CHILD AND FAMILY SERVICES AUTHORITY, FIRST NATIONS OF NORTHERN MANITOBA CHILD AND FAMILY SERVICES AUTHORITY, FIRST NATIONS OF SOUTHERN MANITOBA CHILD AND FAMILY SERVICES AUTHORITY AND CHILD AND FAMILY SERVICES ALL NATION COORDINATED RESPONSE NETWORK
Notice of Motion dated April 11, 2012
Affidavit of Bruce Rivers sworn/affirmed March 30, 2012
Affidavit of Cheryl Regehr sworn/affirmed March 30, 2012
- Exhibit A - Curriculum Vitae of Cheryl Regehr
- Exhibit B – Inquiries into Deaths of Children in Care: The Impact on Child Welfare Workers and their Organization
- Exhibit C – Confidence and Professional Judgment in Assessing Children’s Risk of Abuse
- Exhibit D – Public inquiries into deaths in care: Effects on emergency responders
- Exhibit E - Postmortem Inquiries and Trauma Responses in Paramedics and Firefighters
- Exhibit F – The Police Officer and the Public Inquiry: A Qualitative Inquiry into the Aftermath of Workplace Trauma
- Exhibit G – The Vicious Cycle: Recurrent Interactions Among the Media, Politicians, the Public, and Child Welfare Services Organizations
- Exhibit H – Thinking Goudge: Fatal child abuse and the problem of uncertainty
- Exhibit I - Child Protection and the Media: Lessons from the Last Three Decades
- Exhibit J – The case of ‘Baby P’: Opening up spaces for debate on the ‘transformation’ of Children’s Services?
- Exhibit K – A qualitative study of 369 child welfare professionals’ perspectives about factors contributing to employee retention and turnover
- Exhibit L – Implications of Media Scrutiny for a Child Protection Agency
Supplemental Affidavit of Bruce Rivers sworn/affirmed April 11, 2012
Supplemental Affidavit of Cheryl Regehr sworn/affirmed April 11, 2012
Motion Brief dated April 11, 2012
Reply Motion Brief dated June 25, 2012
Reply Brief List of Authorities – Tabs 1-11
Reply Brief List of Authorities – Tab 12
Reply Brief List of Authorities – Tab 13
MANITOBA GOVERNMENT EMPLOYEES UNION (MGEU)
MGEU Letter to All Media Outlets dated August 22, 2011
(110 KB PDF)
Notice of Motion dated August 18, 2011
(64 KB PDF)
Affidavit of Janet Kehler affirmed June 27, 2011
(522 KB PDF)
Motion Brief (203 KB PDF)
- Tab 1 – Order in Council No. 89/2011 (99 KB PDF)
- Tab 2 – Article: “Social workers must get it right and tell the truth at Phoenix Inquiry”, Winnipeg Free Press, July 2, 2011 (24 KB PDF)
- Tab 3 – Canadian Broadcasting Corp. v. Manitoba (Attorney General), 2008 MBCA 94 (30 KB PDF)
- Tab 4 – The Child and Family Services Act, C.C.S.M. c. C80 [excerpt only] (64 KB PDF)
- Tab 5 – The Fatality Inquiries Act, C.C.S.M. c. F52 [excerpt only] (27 KB PDF)
- Tab 6 – Re Brian Lloyd Sinclair Inquest, 2010 MBPC 18 (58 KB PDF)
- Tab 7 – The Freedom of Information and Protection of Privacy Act, C.C.S.M. c. F175 [excerpt only] (531 KB PDF)
- Tab 8 – R. v. Pilarinos, [2001] B.C.J. No. 1936 (B.C.S.C.) (109 KB PDF)
- Tab 9 – R. v. Pilarinos, [2001] S.C.C.A. No. 497 (16 KB PDF)
- Tab 10 – The Manitoba Evidence Act, C.C.S.M. c. E150 [excerpt only] (85 KB PDF)
- Tab 11 – Hudson Bay Mining and Smelting Company v. Cummings, 2004 MBCA 182 (32 KB PDF)
Supplementary Affidavit of Janet Kehler affirmed April 4, 2012
- Exhibit A – Winnipeg Sun Terms & Conditions
- Exhibit B – Netiquette Rules about Comments
- Exhibit C – Winnipeg Sun article - March 2, 2012
- Exhibit D – Winnipeg Free Press article - February 4, 2012
- Exhibit E – Winnipeg Sun e-edition article – February 5, 2012
- Exhibit F – Winnipeg Free Press Online Edition article February 24, 2012
- Exhibit G – Winnipeg Sun front page and article – August 24, 2011
- Exhibit H – Winnipeg Sun article - October 24, 2011
- Exhibit I – Transcript of Proceedings - Her Majesty The Queen and Graham Michael James – March 19, 2012
Transcript of cross-examinaton of Janet Helen Kehler on May 22, 2012
Affidavit of Evelyn Wotherspoon sworn April 13, 2012
Transcript of cross-examinaton of Evelyn Wotherspoon on May 22, 2012
Affidavit of Elizabeth McLeod sworn April 3, 2012
- Exhibit A – Association canadienne des travailleuses et travilleurs socioux (ACTS)/Canadian Association of Social Workers (CASW) – Code of Ethics 2005
- Exhibit B – Manitoba Institute of Registered Social Workers – Standards of Practice for Social Workers
Reply Brief dated June 21, 2012
POTENTIAL WITNESSES SOR#1, SOR#2, SOR#4, PHN & TM
Notice of Motion dated April 11, 2012
Affidavit of Regan Spencer affirmed April 10, 2012
Affidavit of Lynda Tjaden affirmed April 10, 2012
Motion Brief dated April 11, 2012
WITNESS SOR#3
Notice of Motion dated June 1, 2012
Motion Brief dated June 6, 2012
Affidavit of Tim Herkert affirmed June 1, 2012
POTENTIAL WITNESSES SOR#5 and SOR#6
Notice of Motion dated April 4, 2012
Affidavit of Alison McCullough-Butchart sworn April 4, 2012
Motions Brief dated April 4, 2012
POTENTIAL WITNESS SOR#7
Notice of Motion dated June 8, 2012
Affidavit of Alison McCullough-Butchart sworn on June 8, 2012
UNIVERSITY OF MANITOBA
Affidavit of Gwendolyn M. Gosek sworn April 4, 2012
Transcript of cross-examinaton of Gwendolyn Mildred Gosek on June 1, 2012
Motion Brief re Motion to Strike the Affidavit of Gwendolyn Gosek dated June 22, 2012
ASSEMBLY OF MANITOBA CHIEFS AND THE SOUTHERN CHIEFS ORGANIZATION
Intertribal Child and Family Services
Notice of Motion dated April 4, 2012
Affidavit of Shirley Cochrane affirmed April 3, 2012
Transcript of Cross-examination of Shirley Anne Cochrane on May 24, 2012
Motion Brief dated April 4, 2012
KIMBERLY-ANN EDWARDS and NELSON DRAPER STEVE SINCLAIR
BROADCASTING CORPORATION, CTV WINNIPEG, GLOBAL WINNIPEG AND THE WINNIPEG FREE PRESS
Motion Brief
Book of Authorities
Affidavit of Allison Lamontagne sworn on May 11, 2012
Affidavit of Allison Lamontagne sworn on May 22, 2012
Affidavit of Cecil Rosner sworn on May 9, 2012
Transcript of Cross-examination of Cecil Rosner on May 28, 2012
Affidavit of Michael Bear sworn on May 11, 2012
Transcript of Cross-examination of Michael Bear on May 30, 2012
Affidavit of Shavonne Hastings sworn on May 10, 2012
Transcript of Cross-examination of Shavonne Hastings on May 30, 2012
Notice of Motion to Strike the Affidavit of Elizabeth McLeod dated June 2012
Notice of Motion to Strike the Affidavit of Gwendolyn Gosek dated June 2012
Notice of Motion to Strike the Affidavit of Janet Kehler dated June 2012
Notice of Motion to Strike the Affidavit of Scott Clark dated June 2012
Notice of Motion to Strike the Affidavit of Bruce Rivers dated June 2012
Notice of Motion to Strike the Affidavit of Evelyn Wotherspoon dated June 2012
Notice of Motion to Strike the Affidavit of Shirley Cochrane dated June 2012
Preliminary Motions – July 24, 2012
ASSEMBLY OF MANITOBA CHIEFS AND THE SOUTHERN CHIEFS ORGANIZATION
Notice of Motion dated July 4, 2012
THE GENERAL CHILD AND FAMILY SERVICES AUTHORITY, FIRST NATIONS OF NORTHEN MANITOBA CHILD AND FAMILY SERVICES AUTHORITY, FIRST NATIONS OF SOUTHERN MANITOBA CHILD AND FAMILY SERVICES AUTHORITY AND CHILD AND FAMILY ALL NATION COORDINATED RESONSE NETWORK
Notice of Motion dated July 4, 2012
Motion Brief
Tab 1
Tab 2
Tab 3
Tab 4
Tab 5
Tab 6
Tab 7
Reply Motion Brief dated July 24, 2012
Tab 1
Tab 2
Tab 3
Tab 4
Tab 5
Tab 6
Tab 7
Tab 8
MANITOBA MÉTIS FEDERATION AND THE MÉTIS CHILD AND FAMILY SERVICES AUTHORITY INC.
Application for Standing dated July 17, 2012
COMMISSION COUNSEL
Motion Brief dated July 19, 2012
Motion – February 26, 2013
INTERTRIBAL CHILD AND FAMILY SERVICES
Notice of Motion dated February 22, 2013
Affidavit of Bobbi Rachelle Lee affirmed February 22, 2013
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Publication Ban Motions - March 11, 2013
DOE #1, DOE #2, DOE #3, DOE #4
Notice of Motion - February 5, 2013
Affidavit – Doe #1 sworn February 5, 2013
Affidavit – Doe #2 sworn February 5, 2013
Affidavit – Doe #3 sworn February 5, 2013
Affidavit – Doe #4 sworn February 5, 2013
Motions Brief dated February 5, 2013
DOE #3
Notice of Motion dated February 13, 2013
Affidavit of Kalyn Bomback sworn February 13, 2013
Motions Brief dated February 14, 2013
DOE #1, DOE #2, DOE #3, DOE #4
Supplemental Motions Brief dated February 25, 2013
Tab 1
Tab 2
Tab 3
Tab 4
INTERTRIBAL CHILD AND FAMILY SERVICES
Motion Brief dated February 22, 2013
Affidavit of Bobbi Rachelle Lee affirmed February 22, 2013
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Supplemental Motion Brief dated March 7, 2013
Book of Documents and Authorities Index Volume I
Tab 1
Tab 2
Tab 3
Tab 4
Tab 5
Tab 6
Tab 7
Tab 8
Tab 9
Tab 10
Book of Documents and Authorities Index Volume 2
Tab 11
Tab 12
Tab 13
Tab 14
Tab 15
Tab 16
Tab 17
Tab 18
Tab 19
Tab 20
Tab 21
ASSEMBLY OF MANITOBA CHIEFS AND THE SOUTHERN CHIEFS ORGANIZATION
Motion Brief
Tab 1
Tab 2
Tab 3
Tab 4
Tab 5
Applications for Standing – April 15, 2013
Ka Ni Kanichihk Inc – March 12, 2013
Aboriginal Council of Winnipeg Inc. – March 14, 2013