A horrific murder trial over the death of a 12-year-old boy has turned a spotlight on the role of Ontario child care agencies, with the defence arguing that the authorities entrusted with the care and safety of vulnerable children failed to warn Brandy Cooney and Becky Hamber about their prospective sons鈥 histories of serious behavioural and developmental issues.
During cross-examination of the Crown鈥檚 witnesses, defence lawyer Monte MacGregor suggested the Children鈥檚 Aid societies of Ottawa and Halton concealed essential information from Cooney and Hamber, who were seeking to adopt two Indigenous brothers, aged five and six. The boys moved into their Burlington home in October 2017.
On Dec. 21, 2022, emergency responders were called there and discovered the emaciated, soaking wet older boy lying in a puddle on the floor of a tiny basement bedroom. He was 12, but his size was more in line with an average six-year-old, the prosecution said as the trial got underway earlier this week.
The child died that evening; the women are charged with first-degree murder. They are also charged with forcible confinement, assault with a weapon and failing to provide the necessaries of life in relation to his younger brother, who is expected to testify. A publication ban protects the boys鈥 identities.
On Monday, the Milton courthouse heard the prosecution聽introduce听颈迟蝉聽case that Cooney and Hamber 鈥渄espised鈥 the聽产辞测听and聽left him to die in the basement.
On Tuesday, Ottawa foster parent Heather Walsh testified about looking after the two Indigenous boys for almost five years before they were placed with Cooney and Hamber. When they arrived with Walsh, the older boy was two years, three months and his little brother had just turned one.
Brandy Cooney and Becky Hamber have pleaded not guilty to the first-degree murder of a 12-year-old boy, whom they were attempting to adopt.
Brandy Cooney and Becky Hamber have pleaded not guilty to the first-degree murder of a 12-year-old boy, whom they were attempting to adopt.
She testified that a psychiatrist diagnosed the older boy, who was slow to speak, with potential developmental delay; his teeth were rotting. At two, he kicked, punched and bit other kids, including his little brother, and there were occurrences of self-harm. After enrolling him in a pre-school program at a local church, Walsh said she was told, 鈥淵ou cannot bring him back.鈥 He was three.
She continued: He stabbed a child in the eye with a pencil. Mutilated a snake with a stick. Other foster parents took the boys on weekends as a form of respite for Walsh and her family.
At five, she testified, he threatened to kill her family and punched a CAS volunteer driver with whom he had a good rapport.
With six months before they moved to Burlington, the boys, then aged six and five, were placed in separate bedrooms, because the youngest was 鈥渟cared to go to bed鈥 and fearful of his older brother.
Managing the boys was 鈥渆xtremely difficult for you,鈥 MacGregor, who is representing Hamber, asked Walsh during cross-examination.
鈥淎t times it was, at times we were like a regular family,鈥 she said gently. Throughout her testimony, Walsh tried to highlight the boy鈥檚 better qualities, despite the many incidents. She agreed with MacGregor that she told CAS of Ottawa countless times, 鈥渆specially towards the end,鈥 that the boys needed counselling, yet CAS refused.
Walsh later told a police officer, 鈥淲e recognize that we are exhausted, and a little bit out of our element,鈥 and, 鈥淚 feel like I鈥檝e tried every trick in the book ...and he needs more than what we can offer.鈥
MacGregor asked Walsh if CAS told Cooney and Hamber about the older boy鈥檚 鈥渧iolent interactions.鈥 He read from a CAS of Halton report that said the older boy 鈥渟ometimes struggles in group dynamics and needs support to maintain positive relationships with his peers.鈥 That, he said, 鈥渏ust doesn鈥檛 really elaborate on all the problems that were existing at the time.鈥
Walsh agreed with this. But she also insisted that she herself told the women about the problems, but 鈥渢hey didn鈥檛 seem to be taking it seriously鈥 and acted like it was something they could handle without any intervention; she called them 鈥渋ndulgent and arrogant.鈥
At the start of proceedings on Wednesday, MacGregor told Justice Clayton Conlan 鈥 who is hearing the case without a jury 鈥 that he will be asking CAS of Ottawa to turn over its record about the boys, 鈥済iven the evidence that came from Ms. Walsh,鈥 but was not in the CAS of Halton records.
On the witness stand, 鈥渁ttachment therapist鈥 Beth Sibley, who was brought in to work the transition between the Ottawa foster parents and the two Burlington women, testified that she grew concerned when Cooney and Hamber began reporting that the boys鈥 behaviour was 鈥渂ecoming more challenging than they expected ... they鈥檙e getting tired of their behaviours, and they鈥檙e not getting gratitude from the boys.鈥
鈥淲hat are you thinking in terms of how you鈥檙e going to deal with this?鈥 Crown attorney Monica MacKenzie asked.
鈥淚鈥檓 concerned, because I know that children of any age, their role is not to express gratitude to the parents,鈥 Sibley said. 鈥淚 was worried that (Cooney and Hamber鈥檚) expectations were not realistic.鈥
The background checks include all interactions with police, including non-criminal encounters such as mental health calls.
The background checks include all interactions with police, including non-criminal encounters such as mental health calls.
Sibley said she requested more funding from CAS of Ottawa because the tension in the home was escalating, 鈥渁nd I didn鈥檛 feel like Becky and Brandy had yet taken that shift to understand from a trauma perspective and an attachment lens about what the boys needed.鈥 She added that while she herself did not notice any concerning conduct from the boys, their demeanour changed in 2018, the last year she was involved in the case. The boys seemed scared and were 鈥渨alking on eggshells.鈥
During cross-examination, MacGregor grilled Sibley on the extent of her knowledge about the boys鈥 history.
She agreed she wasn鈥檛 aware the older boy had threatened to kill Walsh and her family, stabbed the other boy with a pencil, or that he had killed a snake, would overeat to the point of vomiting, urinated on the floor, banged his head, or that he was put in daycare that lasted eight to 10 weeks before they rejected his further attendance.
鈥淣one of this is shocking or surprising to me, but I wasn鈥檛 told this specifically,鈥 Sibley said.
She asked to make a comment, and the judge agreed.
鈥淎ll these scenarios, and things that you鈥檝e described, I鈥檓 not surprised because I鈥檝e seen this with children, a lot of these behaviours, with children who have come into care. You kind of go in knowing that these are some of the things they do.鈥
She emphasized her concern lay with the fact that Cooney and Hamber told her they didn鈥檛 need her help.
Soon after the couple’s arrest in 2024,聽Halton Children鈥檚 Aid said in a statement that it was 鈥渁bsolutely committed to learning everything we can about what happened in this case.鈥
It continued: 鈥淲e want to reiterate that our priority is always the safety and well-being of the children in our care, and we will continue to do everything in our power to ensure that they are protected and supported.鈥
The trial resumes on Thursday.
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