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

WARNING: This story details allegations of child abuse.

In the five years a boy lived with his prospective adoptive parents, the Halton Children’s Aid Society (CAS) never spoke to him alone despite receiving multiple reports about suspected abuse, a Milton, Ont., court heard. 

Even during a virtual call in September 2022, when a CAS worker noted her concerns about the boy’s apparent thinness, paleness, sunken cheeks and the dark circles under his eyes, no subsequent followup visit happened before he died on Dec. 21 that year, confirmed Lisa Potts, a now-retired CAS child protection worker. 

That night, paramedics found the 12-year-old unresponsive, soaking wet and lying on the basement floor of his tiny bedroom, which locked from the outside, the court has heard. He was so severely malnourished and emaciated that he looked as if he could be six years old. He died shortly after in hospital. 

Becky Hamber and Brandy Cooney have pleaded not guilty to first-degree murder at their judge-only trial. It began in mid-September and is expected to continue into December.

The identities of the boy who died and his younger brother are protected under a publication ban. CBC is referring to them as L.L. and J.L., respectively.

The women are also charged with confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L., which they’ve also pleaded not guilty to. Their defence lawyers have argued the women received little help from CAS and service providers to care for the boys, who had significant behavioural problems. 

While a range of witnesses have been called to testify — first responders, medical experts, teachers, therapists and others — Potts is the first from the CAS to take the witness box. She didn’t work with L.L. when he was alive, but was called in after to investigate in 2023.

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

“You verified cruel and inappropriate treatment?” assistant Crown attorney Monica MacKenzie asked Potts on Friday. 

“Yes,” said Potts.

“And you also verified emotional harm in name-calling, bottle-feeding, pureed food feeding and isolation?” 

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

She said the boys were also forced to wear clothing kept on with zip ties, including wetsuits, onesies, shoes and a helmet. 

The boys were relocated from Ottawa to Burlington in 2017 to live with Hamber and Cooney, who were trying to adopt them, the court has heard. They continued to be wards of the Ottawa CAS, but the Halton CAS was in charge of supervising the adoption. 

That process, which typically takes two years, was never finalized, said Potts. Children’s aid had concerns about the “financial struggles” of Hamber and Cooney. The couple also would not allow the boys to be interviewed alone by a children’s lawyer — a normal requirement to complete an adoption. 

Hamber and Cooney were “very concerned” if L.L. met privately with the lawyer, he wouldn’t consent to the adoption, Potts said. They claimed he’d lie to adults, if left alone, to make Hamber and Cooney seem like “the bad guys,” the case worker’s notes indicated. 

Cooney and Hamber also refused to accept that the boys were Indigenous, or allow them to maintain a connection to that identity or their biological Indigenous family, said Potts. 

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

“I find it offensive that someone would doubt the Indigenous status of someone,” he told the court. “It makes them an unfit parent, it’s true. It doesn’t make them guilty of a criminal offence, but an unsuitable parent.” 

Over the years, the CAS received reports about Hamber’s and Cooney’s treatment of L.L. and J.L. from concerned doctors, therapists and teachers. 

If the CAS receives any reports, it has a duty to investigate and interview the children alone, Potts said. 

And if the CAS had any concerns about the relationship between the children and parents, home visits should’ve been unannounced, but that never happened, she said. 

The women would make startling claims about the boys’ behaviour — that they were at the cognitive age of one-year-olds, urinated, vomited and defecated throughout the house, caused extensive property damage, binge ate, and that L.L. broke Hamber’s arm. But, Potts said, they never provided any proof to authorities.

“It was all just reported by the parents,” she said. “It was never anything that was observed or shown.” 

When the COVID-19 pandemic began in 2020, the boys were homeschooled and their contact with the outside world diminished, the court has heard. While the women appear to have sought out help from psychiatrists and therapists, they’d either supervise the boys during appointments, stop bringing them altogether or end up declining services. 

In 2021, the CAS pushed for L.L. and J.L. to get a medical checkup, especially L.L., who had lost weight, Potts confirmed. 

But Hamber, who claimed she was immunocompromised and couldn’t risk getting COVID-19, sent an angry email to the CAS. MacKenzie read the email aloud in court.

“Yet again, it appears you are placing priority on the children’s health over mine,” Hamber wrote. “Yes, [L.L.] has lost weight, but it’s not the fault of anyone in this home. He’s a classic abuse victim going through life trying to punish adults.” 

During the next announced CAS visit, in November 2021, L.L. told the caseworker that he’d had a “difficult night” because he’d dropped some of his dinner on the floor and ate it off the carpet. As a result, he didn’t get any more dinner, the CAS worker noted.

In the spring of 2022, the caseworker met with the two women and the brothers virtually. According to the worker’s notes, J.L. disclosed he hadn’t been outside for a couple of weeks because he’d tried to run away. 

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

“He’s trying to talk and they’re talking over him and interrupting him. He stops, appears defeated … he starts to cry and tears are running down his cheeks.” 

L.L. said he was sad he wasn’t invited to the family’s Halloween party and he wanted to hang out with his parents, said the notes. 

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

The caseworker tried to manage the situation by telling L.L. to take deep breaths, and then the visit with the boy ended. 

Afterwards, Hamber spoke privately to the caseworker, saying her tolerance level was low because she was tired. The caseworker reassured her, “It’s OK, you’ve had a tough couple of days.” 

The next meeting was in September, when the caseworker was struck by L.L.’s thinness, said Potts. The worker provided an update to the Ottawa CAS in an email, raising concerns about L.L.’s health, but she never checked in with him again. 

She was promoted to supervisor and another worker took over the file, but didn’t set up a meeting with L.L. or the women before he died. 

Potts has yet to be cross-examined. The trial is set to continue on Friday.

If you’re affected by this report, you can look for mental health support through resources in your province or territory .