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 area last year has filed a lawsuit against a child protection agency, alleging its case workers knew the girl's father was a threat and that they could have prevented her death. 

"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 Kagan and her father, Robin Brown, were discovered at the base of a rocky cliff in Rattlesnake Point Conservation Area on Feb. 9, 2020 with significant trauma consistent with a fall, police said at the time. The area includes several cliff-side trails where hikers have died in the past.

Kagan and Keira's stepfather, Philip Viater, have said they believe it was a murder-suicide.

And they say her death could have been prevented had case workers with Jewish 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. 

The allegations in the lawsuit have not yet been tested in court. 

Agency declines to comment 

Kagan and Brown had split up when Keira was a baby and 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 January 2020.

Keira lived with her mother and Viater in Thornhill, north of Toronto. At the time of her death, she was staying with her father for the weekend, according to Kagan. 

Kagan says JF&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.

Kagan says the case worker promised to launch an application that coming Monday that would show the court Keira needed protection from her father and that his visitation rights should be rescinded.   

But it was too late. Keira and Brown were 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," CEO Talyah Breslin said in the email. 

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

"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 director Plezzie 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 sued both the case workers involved, as well as the agency. But he says it's hard to know how the agency will respond, and whether or not the case will ever make it to a courtroom. 

Kagan says she hopes the lawsuit 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 Police homicide investigators investigated and the case also went to the Office of the Chief Coroner. 

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

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

'She was the light of our life'

Kagan has 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," Kagan said during an interview on CBC News: The National in July, 2020. 

Speaking about her daughter following 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."