Report on child murders points to institutional failures, missed warnings

A new report examining child murders in Canada highlights institutional failures and dismissed warnings as key factors in the deaths of eight children. The report, compiled by the National Association of Women and Law and law professors from the University of Sherbrooke, found that significant warning signs existed before each tragedy, yet no adequate protective measures were taken.

Mothers, or even grandmothers, who had previously identified safety risks were often disbelieved or penalized, while children continued to be in contact with abusive fathers whose conduct was already known. The report examines five cases, all of which involved family members expressing concerns about children's safety and repeatedly reaching out to police and family courts.

In one instance, a seven-year-old girl in Granby, Quebec, was found unconscious in her room, later dying in the hospital after being placed in her father's custody following her grandparents' care. The girl's grandmother had warned authorities of a significant risk of sexual abuse, yet she "lost custody after being perceived as hostile for reporting the dangers she exposed the girl to."

The report cites multiple institutional failures, including the director of youth protection failing to demand home visits and no action being taken when the girl was removed from school for a month. The girl's stepmother was convicted of manslaughter and false imprisonment, while the father pleaded guilty to false imprisonment.

The report's authors will present their findings at a press conference on Parliament Hill, alongside Liberal MP Lisa Hepfner, who has introduced a private member's bill aimed at curbing parental alienation claims. The bill seeks to prevent courts from considering allegations of a spouse manipulating a child to resist contact with the other parent, except in specific cases.

The report also emphasizes how the concept of parental alienation is frequently used in Canadian courts to explain children's resistance to a parent and to cast doubt on allegations of domestic violence. By interpreting a child's resistance or a protective parent's warning signs as manipulation rather than an indicator of danger, institutions may inadvertently contribute to maintaining or enforcing contact with abusive parents, thereby increasing the child's vulnerability.

Hepfner's bill would also introduce new requirements for lawyers to screen for signs of family violence during divorce cases and provide judges with tools to identify coercive control's existence and impact on children, ensuring that in some circumstances, children can express their preferences to a judge in a custody dispute.