WARNING: This story references allegations of child abuse.
The judge in the trial for a Burlington, Ont., couple convicted of murder and other charges involving two brothers in their care was clear in laying blame: Becky Hamber and Brandy Cooney are the ones who committed the crimes.
In his nearly 300-page decision released Tuesday, Justice Clayton Conlan also noted that the actions or inactions of the Children’s Aid Society (CAS) had “zero to do” with the guilt or innocence of Hamber and Cooney, who’d been trying to adopt the boys for years.
Still, multiple observers say the case raises concerns about the child protection system and has showcased systemic issues that need to be addressed immediately.
Sherry Saevil is among those looking for a better future for children.
A resident of Halton region in southern Ontario, Saevil is with a Hamilton-area Indigenous advocacy group, Circle of Beads. Its members were the first to publicly call for accountability after regional police laid murder charges in 2024 against Cooney and Hamber.
Saevil, a member of Mistawasis First Nation, told CBC Hamilton she was left with “very mixed feelings” after hearing Conlan’s rulings in Milton Superior Court.
“My heart sank for that little guy,” Saevil said about the older boy, L.L., who died on Dec. 21, 2022, after he was found unresponsive and emaciated in the basement bedroom of the family home. His brother, J.L., now 14, testified at the trial that began in mid-September about the abuse the two endured. Their identities are protected under a publication ban.
Saevil said she was frustrated with the children’s aid societies responsible for overseeing the boys’ care, accusing them of “not intervening [and] not supervising appropriately.”
How child services got involved
L.L. and J.L. entered the child protection system when the older boy was a toddler due to concerns over their home environment that weren’t detailed during the trial.
They were moved from Ottawa to live with Cooney and Hamber in Burlington in 2017, but remained wards of the Ottawa CAS. The Halton CAS was in charge of supervising the family on a daily basis.
The trial was told the Halton CAS received many reports from people concerned about how Hamber and Cooney were treating the boys, yet workers never did unannounced home visits or interview the boys without Cooney or Hamber present, as is required.
Both CAS agencies previously told CBC they completed reviews for the Cooney-Hamber case and made changes after L.L. died. They haven’t shared specifics about those changes.
On Tuesday, the Ottawa CAS declined a CBC News request to comment on Conlan’s decisions and comments. The Halton CAS also wouldn’t discuss the rulings, but said it “extends our sincere condolences to the family and the Indigenous community following the tragic death of an Indigenous child.”
Saevil’s efforts to protect the rights of children are longstanding.
In September 2024, addressing reporters outside the Halton CAS, she said, “For far too long, Indigenous ways and traditions within child welfare practices have been denied,” making the system unsafe for Indigenous children.
“Healing is not possible if child welfare does not work alongside its Indigenous community.”
At the courthouse on Tuesday, several people wore orange shirts as a way to express solidarity in efforts to better the lives of Indigenous children.
Saevil noted the Truth and Reconciliation Commission includes calls to action on child welfare, and said she’d like to see them taken more seriously. They include reducing the number of Indigenous children in care, providing culturally appropriate services and creating national standards for Indigenous child welfare.
According to CBC’s reporting on the implementation of the recommendations, which was last updated in April 2025, none of them had been completed.
“We see the same recommendations, decade after decade. Where we fall short is implementing those recommendations,” Cindy Blackstock, an Ottawa-based advocate for First Nations children, told CBC News in March.
She said it’s important to look for patterns that “knit together” cases like the one involving Hamber and Cooney.
Justice Clayton Conlan released his decision this morning in the trial of a Burlington, Ont., couple accused of murdering a 12-year-old boy in 2022 and torturing his younger brother, finding them guilty of all charges. Becky Hamber, 46, and Brandy Cooney, 44, who’d been caring for the boys for years and had been trying to adopt them, had pleaded not guilty. The boys’ identities are under a publication ban.
Another child welfare advocate, Cheyanne Ratnam, previously told CBC News she wants a national registry of children who’ve died after interacting with child welfare services, as part of efforts to help identify patterns and figure out why these deaths happen.
“One death is too many, if this is a system that’s supposed to take care and provide safety for every person they take away from their family or their community of origin,” said Ratnam, co-founder of the Ontario Children’s Advancement Coalition.
Boy’s death ‘a series of catastrophic failures’
Saevil would like an overhaul of the child welfare system and an inquest into L.L.’s death that would look into the role of the CAS agencies.
Irwin Elman, Ontario’s former independent watchdog for child welfare, told CBC News on Monday that L.L.’s death was in part due to “a series of catastrophic failures of our child protection system.” Elman noted that only the provincial coroner can call for the type of transparent examination he thinks is necessary.
In January, Stephanie Rea, spokesperson for the Ontario Office of the Chief Coroner, told CBC Hamilton that the death doesn’t meet the criteria for a mandatory coroner’s inquest. But the family could request one, with the coroner having the ultimate say, Rea said.
As well, all police investigations and legal proceedings, including civil lawsuits and appeals, would have to be completed for an inquest to proceed.
In the Hamber-Cooney case, there’s currently a civil lawsuit, launched by L.L.’s and J.L.’s biological mother against two Children’s Aid Societies, the couple and three doctors. The lawsuit alleges the defendants showed a “callous disregard and complete lack of care” for the lives, safety and well-being of the boys. None of the allegations have been proven in court.
Ontario has also faced calls to do its part to protect vulnerable children.
In a statement on Monday, the Opposition New Democratic Party called on the Conservative government to “take urgent action” to strengthen the child-welfare and social services systems.
“Front-line workers at services like CAS are doing everything they can, but the well-being of kids in their care depends on a system that lacks the staff, resources and supports they need, thanks to years of government underfunding,” said Lisa Gretzky, member of provincial parliament for Windsor West.
Ottawa Morning9:47Guilty verdict in Milton trial on death of Ottawa boy
CBC’s Justin Chandler has been covering the trial of the Burlington couple and breaks down the verdict.
She’s also urging the government to share the results of an audit it conducted into children’s aid societies.
In a statement, the Ministry of Children, Community and Social Services told CBC News the government has “taken action to strengthen the child welfare sector,” including by enhancing standards, improving oversight of foster care and group homes, and increasing the frequency of visits.
Outside Queen’s Park in Toronto on Tuesday, Minister of Children, Community and Social Services Michael Parsa told reporters the government “will make sure” the findings of its audit are made public once they’re completed.
In the meantime, those who were close to L.L. and J.L. are left waiting to see change.
They include J.L.’s Grade 2 teacher, Sara Biasetti, who testified she called children’s aid four times over the 2019-2020 school year with concerns about his home life.
“It still affects me because I don’t know what else I could have done to help these kids,” she said outside court after the judge released his decisions. “I’m sure there’s other kids that this happens to too, and there’s not enough being done and there needs to be change.”
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.
