A long-awaited inquiry into the death of Phoenix Sinclair may have to wait a while longer.
The five-year-old was killed in 2005 after being released into her parents' care from Child and Family Services.
Her mother Samantha Kematch and stepfather Karl McKay were convicted of first degree murder for her death.
Now the union representing child welfare officials wants the portion of the inquiry into the girl's death removed from the probe.
The Manitoba Government and Employees' Union (MGEU), which represents child welfare workers, is challenging the legal jurisdiction of the commission appointed to carry out the inquiry.
"We have come to question whether all the things the commissioner has been asked to do he is in fact able to do," said MGEU lawyer Garth Smorang.
They have filed a court motion that could immediately suspend the inquiry that is scheduled to begin public hearings on May 23.
Aboriginal leaders accused the union of trying to derail the inquiry to protect its own members from scrutiny.
"With particular respect to baby Phoenix, justice delayed is also justice denied," said Assembly of Manitoba Chiefs Grand Chief Derek Nepinak. "The union is putting its own interests before the interests of the children of Manitoba. This tactic should concern all parents."
Some question the timing of the motion.
"It's strange that they'd leave this to three months before we start the hearing so it is frustrating," said Jeff Gindin, lawyer for Sinclair's biological father and former foster mother.
But Smorang said the court motion is based on new information from thousands of pages of documents just over a month ago.
This isn't the first time the MGEU has filed a motion in relation to the Phoenix Sinclair inquiry. Last year it tabled arguments asking a judge to mask the identity of its child welfare workers who will be called as witnesses.
The motion to quash the first part of the inquiry could be heard as early as Thursday.
The province said it will be there, along with the commissioner of the inquiry, to defend it.
The province ordered the public inquiry into her killing in 2006.
-- with a report from CTV's Jeff Keele
