Family Sues Children’s Aid Societies for $4M After Tragedy

The family of two Indigenous brothers has filed a $4 million lawsuit against two Children’s Aid Societies (CAS), the couple accused of causing the death of one brother, and three doctors. This lawsuit, which alleges negligence, arises from the tragic case of L.L., who died while in the care of Brandy Cooney and Becky Hamber on December 21, 2022. The couple is currently on trial in Milton, Ontario, facing charges including first-degree murder, to which they have pleaded not guilty.

The civil action, filed in Ottawa Superior Court in December 2024, is distinct from the ongoing criminal proceedings. It seeks justice for L.L., who was reportedly “deeply loved” by his biological family, and for his younger brother, J.L., who is now 13 years old. The identities of both boys are protected under a publication ban, and for the purposes of this article, L.L. is used to refer to the deceased, while J.L. refers to the surviving sibling.

The lawsuit claims that the defendants exhibited a “callous disregard and complete lack of care” for the boys’ safety and well-being. According to the family’s statement, L.L. suffered extreme pain, malnourishment, and emotional distress leading to his death. Reports indicate he weighed approximately the same as he did at the age of six, and had ceased to grow in the months prior to his passing.

Details of Allegations Against Caregivers

In the ongoing criminal trial, the Crown alleges that L.L. was subjected to severe neglect while living with Cooney and Hamber. The prosecution claims that he was often confined to his basement bedroom for extended periods, restrained in wetsuits and other items, deprived of food, and denied access to basic sanitation needs. J.L. is said to have endured similar treatment and was removed from the couple’s care shortly after L.L.’s death.

The family’s lawsuit further asserts that both the Ottawa CAS and Halton CAS were negligent in their oversight of the boys’ care. The brothers had been placed in the care of a foster family at a young age before being adopted by Cooney and Hamber. The biological family had made attempts to regain custody in the mid-2010s, but the courts determined it was in the best interest of the boys to remain wards of the Ottawa CAS, which was responsible for their safety and welfare.

Despite being Indigenous, the lawsuit claims that their cultural background was not adequately considered during their placement, contradicting the requirements outlined in the Truth and Reconciliation Commission’s recommendations from 2015. This commission emphasized the importance of maintaining Indigenous children’s connections to their heritage and family.

Response from Children’s Aid Societies

Both CAS organizations have indicated they intend to defend themselves against the allegations. No formal statements of defense have yet been filed. The civil lawsuit contends that despite being aware of reports of suspected abuse, the CAS did not adequately protect L.L. and J.L. from harm. The family’s statement argues that the organizations failed to address concerns raised by the boys’ grandmother about their living conditions, including limited food and contact with others.

Furthermore, the trial has revealed that CAS workers were informed of various distressing incidents, including a report from a Halton CAS worker who noted L.L.’s thin appearance during virtual visits. Despite these warnings, there was a lack of meaningful intervention.

In statements to the media, representatives from both Halton and Ottawa CAS acknowledged the seriousness of the situation and mentioned that they conducted internal reviews after L.L.’s death. They committed to implementing changes to enhance the safety of children under their care, though the specifics of these changes remain undisclosed.

The civil proceedings are currently on hold until the conclusion of the criminal trial, with the family’s lawyer, Brenda Hollingsworth, indicating that testimony from the ongoing trial will be utilized in the civil case. The Crown and defense are expected to present their closing arguments in March, with a verdict from Justice Clayton Conlan anticipated later in the spring.

This case highlights critical issues within child welfare systems and raises urgent questions about the treatment of Indigenous children. It underscores the need for thorough oversight and protection in cases involving vulnerable youth. Families affected by similar circumstances are encouraged to seek support through local mental health resources. In cases of immediate danger, individuals should contact local authorities without delay.