CONTENT WARNING: This article discusses allegations of child abuse.
As the trial of two women accused of the fatal mistreatment of a 12-year-old boy they were attempting to adopt nears its conclusion, Ontario’s former child advocate emphasizes the importance of transparency regarding the accountability of the Children’s Aid Society (CAS).
Irwin Elman, who served as the independent watchdog until his office was shut down by the Ford government in 2019, expressed skepticism about the likelihood of full disclosure from the CAS. According to Elman, the child protection system operates under a shroud of secrecy, where silence and non-disclosure are the norm.
Brandy Cooney and Becky Hamber have entered not guilty pleas to charges of first-degree murder of the boy, as well as allegations of confinement, assault with zip ties, and failure to provide adequate care to his younger brother.
The trial, which commenced in mid-September at Milton Superior Court, resumed on Monday following Cooney’s testimony in mid-December. Hamber is currently the final witness for the defense.
The Indigenous siblings were relocated from Ottawa to live with Cooney and Hamber in Burlington in 2017 but remained under the supervision of the Ottawa CAS. The Halton CAS was responsible for overseeing the family’s daily activities until the elder brother passed away and the younger sibling was removed from their custody in December 2022.
First responders discovered the 12-year-old unresponsive on his bedroom floor, where he appeared severely malnourished and undersized, leading paramedics to initially mistake him for a much younger child. He tragically passed away in the hospital that same night.
Both Halton and Ottawa CAS agencies have asserted that they conducted internal reviews into the child’s death, submitted their findings to the Chief Coroner’s Office, underwent external assessments, and implemented recommended modifications.
However, neither CAS divulged the outcomes of the reviews or specified the exact alterations made. Halton CAS emphasized its commitment to understanding the case fully and enacting changes to enhance the welfare of the children, youth, and families it serves.
According to Elman, who is not directly involved in the trial but closely monitoring it, the actions and decisions of the CAS have come under scrutiny throughout the proceedings. The absence of key caseworkers and managers testifying has raised serious questions about the agency’s decision-making processes and oversight.
Reports from concerned individuals regarding the treatment of the boys by Hamber and Cooney had been received by Halton CAS, including accounts of punitive measures like locking the elder brother in his room for extended periods. Despite these red flags, the CAS reportedly did not conduct surprise home visits or speak with the boys privately without the presence of the accused women, as mandated.
Testimonies also revealed that the Ottawa CAS harbored reservations about the adoption process due to concerns over the women’s parenting methods and their treatment of the boys. Nevertheless, the adoption procedure seemed to be progressing in late 2022.
Elman highlighted significant lapses in policies and judgment calls made by CAS workers and managers, emphasizing the imperative for the CAS to be more transparent about its decision-making processes to restore public confidence.
Regarding the possibility of a coroner’s inquest into the boy’s death, it was determined that the case did not meet the criteria for a mandatory inquiry. While the family could request an inquest, it would be subject to a lengthy process following the conclusion of ongoing investigations and legal proceedings.
The Ministry of Children, Community and Social Services disclosed that an audit of all CAS agencies had been completed in 2024, focusing on financial practices rather than systemic reforms. The Ottawa CAS acknowledged the necessity for improved collaboration among service providers but refrained from disclosing specific details about its involvement in the case due to legal constraints.
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