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Home » Burlington » Concerns Ignored by CAS Workers in Murder Trial
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Burlington

Concerns Ignored by CAS Workers in Murder Trial

January 14, 20265 Mins Read
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Concerns Ignored by CAS Workers in Murder Trial
Becky Hamber, left, and Brandy Cooney, centre, sit in separate boxes during recent proceedings at their murder trial in Milton, Ont. Court sketch also shows Cooney's lawyer, Kim Edward, third from right. Hamber's lawyers are Monte MacGregor, second from right, and Nabeel Sheiban. (Pam Davies/CBC)
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WARNING: This story details allegations of child abuse.

Halton Children’s Aid Society (CAS) workers did not document key information and overlooked warning signs regarding the well-being of two boys under a Burlington, Ont., couple’s care, a defence lawyer claimed during the women’s murder trial.

Nabeel Sheiban questioned retired child protection worker Lisa Potts on Friday, focusing on various notes made by adoption workers and their communications with Becky Hamber, his client, and Brandy Cooney.

In one message shared by Sheiban, Hamber stated that the older boy was “unhealthy” and suffered from an eating disorder.

“It should be a red flag, but I can’t speak as to why it wasn’t,” Potts acknowledged.

“It is obvious [he] is underweight and does not look healthy,” Sheiban quoted from Hamber. The lawyer then argued: “This should have been a red flag.”

“Yes,” Potts replied.

12-year-old boy discovered severely malnourished

The child involved, referred to as L. L. for our coverage of this trial, passed away on Dec. 21, 2022.

The judge-only trial in Milton’s Ontario Superior Court has heard that paramedics found the 12-year-old unresponsive, drenched, and lying on the basement floor of his bedroom, which was locked from the outside. Witnesses reported he appeared so malnourished that he resembled a six-year-old. He died shortly after being taken to hospital.

Hamber and Cooney have pleaded not guilty to murder charges. They also face charges for confinement, assault with a weapon – zip ties – and failing to provide necessary care for the younger boy, J. L.

The identities of the Indigenous boys are protected by a standard publication ban.

The Crown argues that the couple abused and neglected the children, ultimately causing L. L.’s death.

Their defence lawyers contend that the women were trying their best to care for children with significant needs and behavioural issues while receiving little support from CAS and service providers.

Witnesses including first responders, medical professionals, teachers, therapists, and doctors have testified at these proceedings since they began in mid-September.

CAS staff did not meet required standards: retired worker

On Oct. 31, the Crown examined Potts about her review of CAS files related to L. L. and J. L. The trial revealed that although government guidelines mandate physical check-ups in person, Hamber and Cooney had not taken L. L. for any doctor appointments between January 2018 and December 2021. It was also noted that CAS workers never spoke with L. L. privately despite receiving multiple reports about suspected abuse; meetings with children are supposed to be confidential.

During her cross-examination a week later, Cooney’s lawyer Kim Edward asked Potts if private visits are crucial in how CAS functions. She confirmed they are but agreed it was “glaringly obvious” either Hamber or Cooney was always present during those meetings.

Potts stated that CAS workers failed to record why meetings weren’t private.

When asked about it she acknowledged that CAS has the right to insist on private visits and could even go to a residence with police if needed but mentioned that CAS never pursued this option prior to L. L.’s death.

Edward also questioned why there hadn’t been an unexpected in-person visit from CAS considering concerns such as name-calling or feeding practices later investigated by Potts.

“I cannot because I was not the worker,” Potts responded.

A number of CAS employees who worked with L. L. and J. L. have been named by lawyers,and Sheiban suggested some lost their jobs due to mishandling this case. No current or former CAS workers besides Potts have given testimony.A photo of L. L. CBC has blurred his face to protect his identity,which is under a publication ban.(Name withheld)

A key issue in court has been whether Cooney and Hamber adequately fed the boys.

The couple’s lawyers argue L. L. had problems like binge eating along with “rumination”-the regurgitation of food. Leading up to his death in 2022,they claimed he had a serious eating disorder causing him daily vomiting requiring infant-like care.

This past Friday,Sheiban highlighted several instances from 2021 where CAS workers noted what food L. L. spoke about consuming.

<p"He also brought up Pott’s investigation into bottle-feeding,stating Hamber和Cooney were providing pureed meals based on advice from an attachment therapist who recommended it as treatment for childhood trauma. Documents reveal CAS knew about this."Sheiban said.

After hearing from Potts on Friday, the court began listening again Monday, to testimony given by Matthew Bursey,vice-president service at Reach Out Centre for Kids. His organization provided programs designed specifically for both L. L. and J. L. in Halton Region.

The trial will continue until at least early December.

If you’re affected by this report, you can seek mental health support through available resources within your province or territory.

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