In last meetings with Children’s Aid Society, boy was crying, thin. He died months later, Ontario trial told

WARNING: This communicative details allegations of kid abuse.

In the 5 years a lad lived with his prospective adoptive parents, the Halton Children’s Aid Society (CAS) ne'er spoke to him unsocial contempt receiving aggregate reports astir suspected abuse, a Milton, Ont., tribunal heard. 

Even during a virtual telephone successful September 2022, erstwhile a CAS idiosyncratic noted her concerns astir the boy’s evident thinness, paleness, sunken cheeks and the acheronian circles nether his eyes, nary consequent followup sojourn happened earlier helium died connected Dec. 21 that year, confirmed Lisa Potts, a now-retired CAS kid extortion worker. 

That night, paramedics recovered the 12-year-old unresponsive, soaking bedewed and lying connected the basement level of his tiny bedroom, which locked from the outside, the tribunal has heard. He was truthful severely malnourished and emaciated that helium looked arsenic if helium could beryllium six years old. He died soon aft successful hospital. 

Becky Hamber and Brandy Cooney person pleaded not blameworthy to first-degree execution astatine their judge-only trial. It began successful mid-September and is expected to proceed into December.

The identities of the lad who died and his younger member are protected nether a work ban. CBC is referring to them arsenic L.L. and J.L., respectively.

The women are besides charged with confinement, battle with a limb — zip ties — and failing to supply the necessaries of beingness to J.L., which they’ve besides pleaded not blameworthy to. Their defence lawyers person argued the women received small assistance from CAS and work providers to attraction for the boys, who had important behavioural problems. 

While a scope of witnesses person been called to attest — archetypal responders, aesculapian experts, teachers, therapists and others — Potts is the archetypal from the CAS to instrumentality the witnesser box. She didn’t enactment with L.L. erstwhile helium was alive, but was called successful aft to analyse successful 2023.

She testified she was capable to substantiate that L.L. and J.L. were abused by Hamber and Cooney.  

Brandy Cooney and Becky Hamber, near to right, are connected proceedings successful Ontario Superior Court successful Milton, charged with first-degree execution of a 12-year-old boy. (Becky Hamber/Facebook)

“You verified cruel and inappropriate treatment?” adjunct Crown lawyer Monica MacKenzie asked Potts connected Friday. 

“Yes,” said Potts.

“And you besides verified affectional harm successful name-calling, bottle-feeding, pureed nutrient feeding and isolation?” 

“Yes,” said Potts. “For some children.”

She said the boys were besides forced to deterioration covering kept connected with zip ties, including wetsuits, onesies, shoes and a helmet. 

‘Offensive’ to uncertainty boy’s Indigenous status, says judge

The boys were relocated from Ottawa to Burlington successful 2017 to unrecorded with Hamber and Cooney, who were trying to follow them, the tribunal has heard. They continued to beryllium wards of the Ottawa CAS, but the Halton CAS was successful complaint of supervising the adoption. 

That process, which typically takes 2 years, was ne'er finalized, said Potts. Children’s assistance had concerns astir the “financial struggles” of Hamber and Cooney. The mates besides would not let the boys to beryllium interviewed unsocial by a children’s lawyer — a mean request to implicit an adoption. 

Hamber and Cooney were “very concerned” if L.L. met privately with the lawyer, helium wouldn’t consent to the adoption, Potts said. They claimed he’d prevarication to adults, if near alone, to marque Hamber and Cooney look similar “the atrocious guys,” the lawsuit worker’s notes indicated. 

J.L., left, and L.L. are shown successful an undated photograph filed arsenic a tribunal exhibit. (Ontario Superior Court successful Milton)

Cooney and Hamber besides refused to judge that the boys were Indigenous, oregon let them to support a transportation to that individuality oregon their biologic Indigenous family, said Potts. 

In a uncommon moment, Justice Clayton Conlan voiced his opinion.

“I find it violative that idiosyncratic would uncertainty the Indigenous presumption of someone,” helium told the court. “It makes them an unfit parent, it’s true. It doesn’t marque them blameworthy of a transgression offence, but an unsuitable parent.” 

L.L. was ‘trying to punish adults,’ accused told CAS

Over the years, the CAS received reports astir Hamber’s and Cooney’s attraction of L.L. and J.L. from acrophobic doctors, therapists and teachers. 

If the CAS receives immoderate reports, it has a work to analyse and interrogation the children alone, Potts said.  

And if the CAS had immoderate concerns astir the narration betwixt the children and parents, location visits should’ve been unannounced, but that ne'er happened, she said. 

The women would marque startling claims astir the boys’ behaviour — that they were astatine the cognitive property of one-year-olds, urinated, vomited and defecated passim the house, caused extended spot damage, binge ate, and that L.L. broke Hamber’s arm. But, Potts said, they ne'er provided immoderate impervious to authorities.

“It was each conscionable reported by the parents,” she said. “It was ne'er thing that was observed oregon shown.” 

J.L.'s country successful a photograph taken aft L.L. died and filed arsenic a tribunal exhibit. The boys didn't person blankets and J.L. slept successful a mesh tent, the tribunal heard. (Ontario Superior Court successful Milton)

When the COVID-19 pandemic began successful 2020, the boys were homeschooled and their interaction with the extracurricular satellite diminished, the tribunal has heard. While the women look to person sought retired assistance from psychiatrists and therapists, they’d either supervise the boys during appointments, halt bringing them altogether oregon extremity up declining services. 

In 2021, the CAS pushed for L.L. and J.L. to get a aesculapian checkup, particularly L.L., who had mislaid weight, Potts confirmed. 

But Hamber, who claimed she was immunocompromised and couldn’t hazard getting COVID-19, sent an aggravated email to the CAS. MacKenzie work the email aloud successful court.

“Yet again, it appears you are placing precedence connected the children’s wellness implicit mine,” Hamber wrote. “Yes, [L.L.] has mislaid weight, but it’s not the responsibility of anyone successful this home. He’s a classical maltreatment unfortunate going done beingness trying to punish adults.” 

During the adjacent announced CAS visit, successful November 2021, L.L. told the caseworker that he’d had a “difficult night” due to the fact that he’d dropped immoderate of his meal connected the level and ate it disconnected the carpet. As a result, helium didn’t get immoderate much dinner, the CAS idiosyncratic noted.

In the outpouring of 2022, the caseworker met with the 2 women and the brothers virtually. According to the worker’s notes, J.L. disclosed helium hadn’t been extracurricular for a mates of weeks due to the fact that he’d tried to tally away. 

‘Tears are moving down his cheeks’

Then, successful July, the caseworker spoke with L.L. virtually, with Hamber listening successful the background, the notes said. 

“He’s trying to speech and they’re talking implicit him and interrupting him. He stops, appears defeated … helium starts to outcry and tears are moving down his cheeks.” 

L.L. said helium was bittersweet helium wasn’t invited to the family’s Halloween enactment and helium wanted to bent retired with his parents, said the notes. 

But Hamber “interrupted and accused him of fake crying” arsenic L.L. continued to cry.  

Cooney, left, and Hamber, right, person pleaded not blameworthy successful their first-degree execution trial. (Pam Davies/CBC)

The caseworker tried to negociate the concern by telling L.L. to instrumentality heavy breaths, and past the sojourn with the lad ended. 

Afterwards, Hamber spoke privately to the caseworker, saying her tolerance level was debased due to the fact that she was tired. The caseworker reassured her, “It’s OK, you’ve had a pugnacious mates of days.” 

The adjacent gathering was successful September, erstwhile the caseworker was struck by L.L.'s thinness, said Potts. The idiosyncratic provided an update to the Ottawa CAS successful an email, raising concerns astir L.L.’s health, but she ne'er checked successful with him again. 

She was promoted to supervisor and different idiosyncratic took implicit the file, but didn’t acceptable up a gathering with L.L. oregon the women earlier helium died. 

Potts has yet to beryllium cross-examined. The proceedings is acceptable to proceed connected Friday.

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