As couple's trial restarts, advocate questions Children's Aid Society's 'outrageous' decisions before boy died

WARNING: This story references allegations of child abuse.

As the trial for two women accused of killing a 12-year-old boy they were trying to adopt enters its final weeks, the public deserves to know if and how the Children's Aid Society (CAS) has been held accountable, says Ontario's former child advocate.

But full transparency from the CAS is very unlikely, said Irwin Elman, who was in the independent watchdog role from 2008 until the Ford government closed his office in 2019.

"The child protection system is a closed system," said Elman, who's not involved in the trial but has been closely following it.

"Secrecy is the number one rule — don't talk, don't tell."

Brandy Cooney and Becky Hamber have pleaded not guilty to first-degree murder of the boy, as well as not guilty to confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to his younger brother. 

Their trial, which began in mid-September in Milton Superior Court, continues today after Cooney wrapped up her testimony in mid-December before the holiday break. Hamber is expected to be called as the defence's last witness.

The Indigenous brothers were moved from Ottawa to live with Cooney and Hamber in Burlington in 2017 but remained wards of the Ottawa CAS.

Halton CAS was in charge of supervising the family on a daily basis, and did so until the older brother died and the younger brother was removed from the couple's care in December 2022.

First responders found the 12-year-old unresponsive, on his bedroom floor, the court has heard. He was so emaciated and small that paramedics initially thought he was about six years old. He died in hospital that night.

CBC is not naming the boys to protect their identities as ordered in a publication ban.

In statements to CBC Hamilton, both Halton and Ottawa children's aid societies said they've completed an internal child death review, which they submitted to the Office of the Chief Coroner, as well as 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.