Phoenix Inquiry: What CFS had on Karl (Carl?) ‘Wes’ (Wesley?) McKay and — when

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(Phoenix was murdered by Karl McKay and Samantha Kematch in 2005, months after CFS last had contact with her)

The last couple of days of testimony have delved into and exposed — to some decent degree — the fact CFS workers never searched out Karl Wesley McKay’s background or did a “prior contact check”  in the CFS database. Nor, it must be said — did CFS even ask for his full name when they discovered he was staying with Samantha Kematch and Phoenix in July 2004.

I’ve done stories here, and here on this vital issue. I don’t use the word vital lightly.

Here’s how it was put by former Winnipeg CFS intake supervisor Carolyn Parsons today of what happened when McKay’s name surfaced for the second time in 2004 on Dec. 1.

“I think if in this time we had been able to determine Mr. McKay’s history — that certainly would have changed everything and I think that’s something that every person who’s been involved with this situation wishes had happened.”

At that time, they entered the name they had in the CFSIS database and gave it a Jan. 1, 1980 date of birth — a typical practice when a person’s actual birthdate couldn’t be located.

Today, inquiry staff released an exhibit from the province as to what CFS workers would have found if they had been able to track his name in the system. It’s apparent there was confusion — and the issue exposes what was an apparent limitation of the computer system at the time.

Sometimes the first name McKay used was Carl, other times Wesley, sometimes Wesley Carl,  Wes and finally, Karl. Seems the only time in 2004 his real name appeared was on May 28, 2004 after he marched into a welfare office and tried to claim Phoenix on his budget.

Sadly, his name wouldn’t be conclusively linked to Kematch’s case in the CFS database until March 15, 2006 — five days after RCMP announced Phoenix’s death had been uncovered and McKay and Kematch arrested. I note with interest that RCMP at the time spelled his first name as “Carl.”

It was also around the very day RCMP laid first-degree murder charges against the despicable pair for the murder of Phoenix through abuse and confinement in a cold basement.

If CFS had dug into his background in 2004, they would have found him referenced in eight separate files dating back from March 1996 to fall 2000 when his partner’s two kids (one of them was his) were made permanent wards of CFS.

Here’s a just few lowlights of the disclosed files — and this is certainly not exhaustive:

  • April 1998: CFS informed McKay had (again) beaten up on his partner at the time, breaking her nose. Investigators felt neither he nor she had “any insight into the impact this was having on the two children and the potential risk to them … Probation services later advised of the severity of the assaults on ** by Carl McKay. These included him having taken the supporting leg off the bathroom sink and beating her with it.”
  • June 1998: One of the kids is found wearing only a diaper and a sweatshirt on the corner of William Avenue and Isabel Street in the company of a drunk male. “She was immediately apprehended,” the agency said.
  • Sept. 25 2008: “Wesley left a phone message stating (his partner) was an alcoholic and had problems. Wesley sounded as though he was intoxicated. He appeared to be very vindictive and left the message out of revenge.”
  • Early 1999: McKay fails to follow through in family violence programming and a “better fathering group” … “he failed to internalize his violent offending behaviour and had persisted in denying and/or minimizing the problem. It was apparent to probation services that Carl was only complying with the order minimally because he felt forced to do so.”
  • February 1999: His then partner heads to a shelter but is stays only a few days before going back to McKay. “It was her contention that the reasons she reconciled with him was that she had nowhere else to go.”
  • March 1999: “Report comes in through CFS that … (she) had been assaulted by Carl McKay.”
  • 1999: McKay is described as being “uncooperative” the agency.

Under a section called “identified problems,” a worker in September 2000 — the same month Kematch regained custody of Phoenix — wrote: “Carl Wesley McKay poses a threat to the children both directly and indirectly in terms of his propensity for violence,” and that he has little or “any insight into the impact … lifestyles have had on the two children. ”

Under ‘interventions,’ the worker says both McKay and his then-partner were “directed to participate in programming to address addictions issues, domestic violence, anger management, issues of victimization only to be met with failure.”

“My own contact with Mr. McKay has been non-existent in spite of several attempts. On several occasions I attended to his residence at (redacted) in order to serve him with court documents but without any success. In co-operation with probation services. I attended to the Law Courts building on the date of one of his court appearances for Breach of Probation. However he failed to appear in court.”

In June 2000, a worker wrote McKay was “identified by probation services as an extremely high offender re: domestic assault”

Like I said above, this was not exhaustive of what the files contain. But it spells out a little further what a risk McKay was.

McKay on the record in 2003, but not on CFS radar

That said — It hasn’t been mentioned yet that McKay’s name actually surfaced much earlier than 2004 — a year earlier in fact, and still no one appeared to ask who he was.

Note the date: This was right after Phoenix was taken into care a second time and Kematch suddenly surfaced after nearly two years expressing an interest in parenting her.

Most importantly: Note how McKay’s name is spelled . Odd, isn’t it? Odd because that’s the correct spelling.

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Now: here’s what the worker present — Laura Forrest had to say in her testimony about McKay’s appearance in court that day:

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“I asked her the name and she gave me the name and I believe a date of birth,” Laura Forrest said. It’s in my addendum, she said.

Here’s the relevant section of that addendum:

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“Worker learned that Samantha has been in a relationship with (redacted) DUB- October 12, 1974 – for two years. has met Phoenix and has some knowledge about the situation, but Samantha did not feel comfortable discussing all the issues in front of him. (redacted) companied Samantha to court.”

It’s Karl McKay’s name on the court transcript.

But his actual birthdate is March 28, 1962, not October ’74. Was it him? Or just another of Kematch’s lies to CFS?

Note how Forrest phrased this in her testimony: “I asked her his name and she gave me the name and I believe a date of birth.”

One thing’s apparent: It’s too bad questions weren’t posed directly to McKay himself.

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Just for the heck of it, here’s a letter Probation Services wrote to CFS in 1999 about McKay.

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