WARNING: This story references allegations of child abuse.
Since September, two Burlington, Ont., women have been on trial for the murder of a 12-year-old boy they were trying to adopt.
The high-profile case — which the judge described as “lengthy and difficult” — has heard from dozens of witnesses but only one member of the child’s biological family: his brother, who lived with him in the lead up to his death, testified over several days in November.
Sharing her perspective with CBC Hamilton for the first time, L.L. and J.L.’s mother says she wants people to understand her family is “not just a case or story.”
“We are real people, a family who has lived through heartbreak,” she said in an emailed media statement shared with CBC Hamilton through her lawyer in a separate civil lawsuit.
“We want everyone to remember L. for L. beyond this tragedy. He mattered and his life had meaning,” the mother said.
Becky Hamber, 46, and Brandy Cooney, 44, are charged in L.L.’s death on Dec. 21, 2022. The Crown has also accused them of torturing and confining his younger brother, J.L. Both women have pleaded not guilty to first-degree murder and other charges relating to the boys who’d been in their care since 2017.
Their trial in Milton is before Superior Court Justice Clayton Conlan, who will announce his decision Tuesday.
CBC News is referring to the Indigenous boys from the Ottawa area using initials due to a standard publication ban on their identities. For the same reason, CBC is not naming their mother.
The trial has heard that J.L., now 14, is living with her. In her statement, the boys’ mother said she and J.L. have “a great relationship.”
“We frequently talk about our memories together and with L before the placement,” she said. “We’ve come together again as a family. Having him home is something we never thought possible after the placement and [it’s] an opportunity we all cherish.”
Key to Cooney and Hamber’s defence is the contention that L.L. and J.L. had significant behavioural issues.
The defence says they used unconventional methods to keep the children from harming themselves and others, including confining them in their basement bedrooms and zip-tying them into wetsuits. They argue they never intended to harm the brothers and that children’s aid workers knew what they were doing.
Throughout the trial, witnesses including the co-accused have also described the boys positively.
Heather Walsh, their former foster mother, said L.L. was “a very enthusiastic, social little guy,” despite having health issues when they met. She testified he was clearly “very intelligent” and taught himself to read novels by age six.
Their Burlington teachers described them as clever, curious and eager students. “They were great and we wanted them there,” J.L.’s Grade 2 teacher Sara Biasetti testified.
Social worker Stefanie Peachey testified the siblings were polite.
Dr. Alan Brown, a child and adolescent psychiatrist with Oakville Trafalgar Memorial Hospital, testified that based on his observations of L.L. in care, the child likely had had disruptive mood dysregulation disorder, post-traumatic stress disorder (PTSD), reactive attachment disorder and attention deficit hyperactivity disorder (ADHD).
Brown also said he saw no signs of extreme behaviour, finding L.L. “quite calm, composed, happy, logical, coherent,” and not at risk of self-harm.
“L., J. and their [siblings] are amazing, funny and intelligent human beings with bigger than life personalities,” their mother said. “The L. we remember along with his brothers are some of the happiest souls on this planet, who would take the world by storm if given the opportunity.”
She asked that people read her words “with compassion,” remembering her sons “deserve dignity and respect.”
“L. doesn’t get to grow up, have friends, graduate, he doesn’t get to feel the sunshine, feel the rain, enjoy a sunset. J. and his sibling have to grow up without their older brother,” she said.
On Tuesday, the boys’ mother is set to learn Cooney and Hamber’s fate, but “healing is not over for families after court is over,” she said.
“There needs to be changes so that another child is not dead after a systemic failure.”
In a separate legal matter, the mother is suing two Children’s Aid Societies, Hamber, Cooney and three doctors. The civil suit alleges the defendants showed a “callous disregard and complete lack of care” for the lives, safety and well-being of the boys. None of the allegations have been proven in court.
The criminal trial has led to criticism of Ontario’s child welfare system, with advocates saying it highlights systemic failures seen across Canada.
Critics call for change after death of Indigenous boy in foster care
The boys were wards of the Ottawa Children’s Aid Society (CAS). Halton CAS was responsible for the day-to-day handling of their case.
Both the Ottawa and Halton CAS previously told CBC News they have completed reviews for the Cooney-Hamber case and made changes, without specifying what those changes were.
“Saying goodbye to your child in a casket knowing you will never see them on earth again was the hardest thing I have ever done,” L.L.’s mother said.
She said the pain of L.L.’s death rippled across their family, friends, teachers, care providers and Indigenous community.
“All these bonds broken forever.”
If you’re affected by this report, you can look for mental health support through resources in your province or territory . If you’re in immediate danger or fear for your safety or that of others around you, please call 911.
