Ontario Trial Reveals Oversights by CAS Workers Before Boy’s Death

WARNING: This story details allegations of child abuse.

Workers from the Halton Children’s Aid Society (CAS) did not record crucial information and overlooked warning signs concerning two boys in a Burlington, Ont., couple’s care, a defense lawyer stated during the women’s murder trial.

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

In one message read by Sheiban, Hamber mentioned that the older boy was “unhealthy” and had an eating disorder.

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

“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 responded.

12-year-old boy found emaciated

The child in question, referred to as L. L. for our coverage of this trial, died on December 21, 2022.

The judge-only trial in Milton’s Ontario Superior Court has heard that paramedics discovered the 12-year-old unresponsive, soaking wet and lying on the basement floor of his locked bedroom. Witnesses reported he appeared so malnourished and emaciated that he looked like he could be six years old. He died shortly after arriving at the hospital.

Hamber and Cooney have pleaded not guilty to murder charges. They also face charges of confinement, assault with a weapon – zip ties – and failing to provide necessities 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 leading to L. L.’s death.

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

Witnesses including first responders, medical experts, teachers, therapists and doctors have testified during these proceedings that began in mid-September.

CAS staff failed to meet standard: retired worker

On October 31, the Crown examined Potts regarding her review of CAS files connected to L. L. and J. L. The trial heard that even though government regulations require in-person physical examinations, Hamber and Cooney did not take L. L. for any doctor’s appointments between January 2018 and December 2021. It was also noted that CAS workers never spoke with L. L. privately despite receiving numerous reports suggesting 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 were important for how CAS operates. She confirmed they are but agreed it was “glaringly obvious” either Hamber or Cooney was always present during those meetings.

Pott said CAS workers did not document reasons why meetings weren’t held privately.

When asked about it she acknowledged that CAS has authority to request private visits even having police accompany them if needed for enforcement purposes. However, no such action was taken by CAS in the months before L. L.’s death.
Edward further questioned why there hadn’t been any unannounced visits from CAS responding to concerns Potts later investigated regarding name-calling or feeding practices involving pureed food.
“I cannot because I was not the worker,” Potts replied.
Lawyers mentioned several CAS employees who worked with L. L. and J. L., suggesting some lost their jobs due how they managed this case. No current or former CAS staff besides Potts have given testimony.
A photo of L. L. CBC has blurred his face to protect his identity which remains under a publication ban.(Name withheld)

A key issue throughout trial discussions centered around whether Cooney & Hamber provided adequate meals for both boys.
Their lawyers pointed out L. L. experienced binge eating issues along with “rumination”-the regurgitation food. In lead-up before his passing last year, it was claimed he suffered severe eating disorders, vomiting daily requiring infant-like assistance.
On Friday, sheiban pointed out multiple instances recorded back in 2021 where cas documented ll discussing food intake
He also highlighted potts’ investigation into bottle-feeding mentioning hamber& cooney used pureed foods based on suggestions made attachment therapist aimed at addressing childhood trauma. documents show cas already knew about this
After potts testifying friday, the court began hearing testimony from Matthew Bursey-vice-president services Reach Out Centre Kids. He took witness stand again Monday outlining programs available through halton centre assisting ll & jl
The court proceedings will continue until early December at least.
If you’re affected by this report, you can seek mental health resources available province territory

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