WARNING: This story details allegations of child abuse.
The biological family of the boy who died while in the care of Brandy Cooney and Becky Hamber have filed a $4-million lawsuit against two Children’s Aid Societies (CAS), the Ontario couple and three doctors.
The lawsuit, which alleges negligence, is separate from Cooney’s and Hamber’s ongoing criminal trial in Milton, Ont., where the two have pleaded not guilty to first-degree murder of the 12-year-old boy, and not guilty to confinement, assault with a weapon and failing to provide the necessaries of life to his younger brother.
The Indigenous boys’ identities are protected under a publication ban. For our coverage, we’re referring to the older boy as L.L., who died on Dec. 21, 2022, and his brother as J.L. We’re also withholding the family members’ names to protect the boys’ identities as required by the court.
The civil lawsuit was filed in Ottawa Superior Court in December 2024 on behalf of J.L., the estate of L.L. and the boys’ birth mother. It alleges the defendants showed a “callous disregard and complete lack of care” for the lives, safety and well-being of the boys.
The boys were wards of the Ottawa CAS; Halton CAS was responsible for the day-to-day handling of their case.
Boy ‘deeply loved’ by biological family
L.L., was “deeply loved” by his brother and mother, and “suffered extreme pain, suffering and emotional distress” leading up to his death, the family’s statement of claim says.
He was severely malnourished, weighing about the same as he did when he was six years old, and had stopped growing in the last months of his life, the murder trial that began in September has heard.
The Crown alleges L.L. was locked in his basement bedroom of the couple’s Burlington, Ont., home most of the time for over a year, and restrained in wetsuits, sleep sacks, hockey helmets and a tent, deprived of food, forced to exercise and not allowed to use the washroom when needed.
J.L., who is now 13 years old, experienced similar punishments, the Crown contends. He was removed from Cooney’s and Hamber’s care a few days after L.L. died and has testified at the trial against Hamber and Cooney.
According to the family’s statement of claim, he continues to experience “severe, permanent and serious impairments of important physical, mental, psychological and cognitive functions” because of how he was treated in Hamber’s and Cooney’s home.
CBC Hamilton reached out to the defendants, some through their lawyers, who either didn’t respond or declined to comment as the criminal proceedings are ongoing.
Ottawa CAS has notified the court it intends to defend itself, as have a few doctors. No statements of defence have yet been filed.
None of the allegations in the civil suit have been tested in court.
Biological family fought for custody
The brothers’ biological family alleges both the Halton and Ottawa CAS were negligent in how they handled the adoption process and supervision of Hamber and Cooney, which caused or contributed to the boys’ injuries and L.L.’s death.
The boys were removed from their biological family when they were very young and lived with a foster family for years in Ottawa, the murder trial has heard.
During that time, the brothers continued to see their grandparents and mother, who tried twice to regain custody of them in the mid-2010s, according to court decisions.
But the judge then determined it was in their best interest to remain wards of Ottawa CAS, meaning the agency was responsible for ensuring their safety and well-being, and was also allowed to place them in adoption.
CAS was also supposed to “take into consideration their Indigenous background when making decisions about their placement,” says the family’s statement of claim.
“The societies did not take these factors into consideration at all and instead placed them in Burlington away from their Indigenous birth family in Ottawa.”
In 2015, the Truth and Reconciliation Commission highlighted the need to better support Indigenous children in the welfare system and to reduce the number of those children in care.
It called on governments to provide more resources to help keep Indigenous families together, when it’s safe to do so, and “to keep children in culturally appropriate environments, regardless of where they reside.”
Under Ontario’s Child, Youth and Family Services Act, CAS is supposed to respect a child’s need for stable relationships with family and their culture.
The murder trial has heard the boys were supposed to regularly see and talk to their biological and foster families and find ways to stay connected to their Indigenous identity, but Cooney and Hamber mostly cut off those relationships and claimed the boys were not Indigenous.
Halton and Ottawa CAS knew about these issues, the trial has heard, but kept the boys in the women’s care regardless.
CAS received reports of suspected abuse
In the civil suit, the family’s statement of claim says CAS knew about at least some of the abuse the boys were experiencing and “failed to protect” L.L. and J.L. from harm.
For example, the boys’ grandmother occasionally received photos and updates from Cooney and Hamber, and she became concerned the boys had “limited food and contact with others” — which she reported to CAS, the lawsuit says.
The boys had also tried to tell Halton CAS workers about the abuse, including starvation, but they didn’t investigate, alleges the statement of claim, which didn’t provide specifics.
The murder trial has heard Hamber and Cooney had informed a Halton CAS worker they were zip-tying the boys into onesies and wetsuits, but Halton CAS didn’t appear to take issue with it.
The agency also received reports from teachers, a therapist, doctors and the police with concerns about the situation in the home. A CAS worker, who saw L.L. on virtual calls in the months before he died, noted concerns about his thinness and that he was crying, but didn’t intervene.
Despite red flags, Halton CAS never spoke to the boys without Hamber or Cooney present and only once did an unannounced home visit.
In previous statements to CBC Hamilton, both Halton and Ottawa children’s aid societies said following L.L.’s death, they completed an internal child death review, which they submitted to the Office of the Chief Coroner, and underwent several external reviews and made recommended changes. Neither CAS provided the results of the reviews or said what the specific changes were.
“We remain committed to learning everything we can about what happened in this case and implementing any changes that advance the safety and well-being of the children, youth and families we support,” said Halton CAS’s statement.
The civil proceedings are on hold while the criminal trial continues but will resume after there’s a verdict, said the family’s lawyer Brenda Hollingsworth.
Everything witnesses have said during the trial is under oath and can be used in the civil case, she said.
The Crown and defence are expected to make their closing arguments in March. Justice Clayton Conlan’s decision is expected later in the spring.
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.