Family of girl found dead with father in Milton files lawsuit against child protection service

The family of a young girl found dead in a Milton conservation arealast year has filed alawsuit against a child protectionagency,alleging its case workers knew the girl's father was a threat and that they could have prevented herdeath.

"For years I was begging and pleading with these case workers," the girl's mother, Jennifer Kagan, told CBC News on Wednesday.

"I said to them, 'I am fearful about what will happen to my daughter.'"

The bodies of four-year-old Keira Kaganand her father, Robin Brown, were discovered at the base of a rocky cliff in Rattlesnake PointConservation Area on Feb. 9, 2020with significant trauma consistent with a fall, police said at the time. The area includes several cliff-side trails wherehikers have diedin the past.

Kaganand Keira's stepfather, Philip Viater, havesaid they believe it wasa murder-suicide.

And they say her death could have been preventedhad case workers withJewish Family and Child Services (JF&CS) acted faster.

"[The workers]admitted that they knew Mr. Brown was very dangerous;they were very concerned about his history of abuse towards me and the risk to Keira," Kagan said.

Theallegations in the lawsuit have not yet been tested in court.

Agency declines to comment

Kagan and Brown had split up when Keira was a babyand the pair engaged on and off in a bitter custody dispute.Their last court filing one of almost 40 over the years was at the end of January2020.

Keiralived with her motherand Viaterin Thornhill, north of Toronto. At the time of her death, she was staying with her father for the weekend, according to Kagan.

Kagan saysJF&CS had interviewed Brown on Thursday, Feb. 6, 2020 as part of its investigation into his behaviour.

She alleges in the lawsuit that a case worker with the agency contacted her and said Keira's father exhibited behaviour consistent with a parent who kills a child. Kagan told CBC News the worker made that admission the day after Brown was interviewed.

Kagansays the case worker promised to launch anapplication that coming Monday that would show thecourt Keira needed protection from her father and that his visitation rights should be rescinded.

But it was too late. Keiraand Brownwere found dead just two days later.

"He had been escalating and they recognized the danger, but they failed to act," Kagan said.

"It's beyond disturbing."

In an email to CBC News, JF&CS said it could not comment on the allegations.

"Due to confidentiality, I am not able to comment regarding any agency contact that we may or may not have had with a family," CEOTalyah Breslin said in the email.

According to a statement issued Tuesday by the family's lawyer,Justin Linden, they havealso filed civil action against the Halton Region Conservation Authority, whichsaid it, too, wouldn't comment until a statement of claim isfiled.

"Once we have had a chance to review the Statement of Claim, we will be in a position to respond," the authority's human resources directorPlezzie Ramirez said in an email.

Civil lawsuit aims to 'seek justice'

Linden says the family now wants to"seek justice" and ensure that other children are kept safe from harm.

"We believe the court will conclude that the agency was aware of the fact that this fellow was a clear and present danger ... and they delayed stepping in," Linden told CBC News Wednesday.

Linden says they have suedboth the case workers involved, as well as the agency.But he saysit's hard to know how the agency will respond, and whether or not the case will ever make it to a courtroom.

Kagan saysshe hopes thelawsuit will lead to better protection for vulnerable children.

"I don't want any family to suffer the horror and trauma that we have," she said.

Halton Regional Policehomicide investigatorsinvestigated andthe case also wentto the Office of the Chief Coroner.

The coroner's report determined Keiradied of blunt force trauma to the head and notes while the police investigation did not determineexactly what led up to Keira's death, police"identified multiple risk factors for domestic violence in Keira's father."

Upon completionthe coroner's investigative report, the case was referred to itsDomestic Violence Death Review Committee for further analysis and potential recommendations to prevent similar deaths in the future.

'She was the light of our life'

Kaganhas since said Keira's death also could have been prevented if the court system had considered accusations of spousal abuse during their custody court case.

"There were clear red flags in terms of the abuse, the pathological lying, and that was all just completely ignored and deemed to be irrelevant to parenting," Kagansaid during an interview on CBC News: The National in July, 2020.

Speaking about her daughterfollowing her death, Kagan said it felt like a nightmare.On Wednesday, Kagan said that feeling has only worsened with time.

"She was the light of our life," she said. "She didn't get the full life she deserved."

All she is left with are the few videos she took during Keira's short four years of life.

"I wish we had more videos that really showed her personality and sense of humour," she said.

"I think if people could see that they would just fall in love with her the way I did."