Jennifer Viater wants to get justice and make sure no other family encounters the kind of problem she encountered.
The Vaughan, Ontario resident revealed that her life has never been the same since her four-year-old daughter was found dead under circumstances that were suspicious almost a year and a half ago.
The body of Keira Kagan was discovered at the base of a cliff beside her father’s body in Milton, Ontario on February 9, 2020. The pair went for a hike at Rattlesnake Point on a very cold winter day with heavy snow in the prediction.
Viater alleged that her daughter died in a murder-suicide perpetrated by the girl’s father after increasing violent behaviour on his part during a protracted custody tussle.
However, she has filed a $16-million lawsuit against Jewish Family and Child Services over the allegation that case workers knew Keira stood the risk of being harmed by her father but didn’t swing into action quickly enough to forestall her death.
During an interview, Viater said: “Keira died a horrible, violent death. This should not happen to any other child or family.”
The CEO of Jewish Family and Child Services, Talyah Breslin said she could not make any comment due to confidentiality reasons on the lawsuit, which also affects the estate of Keira’s father, Robin Brown, and others.
Viater and Brown got married in November 2013 and Keira was born on May 29, 2015.
Viater alleges in her unscrutinized statement of claim that Brown abused her sexually, physically and mentally over a long period of time.
The claim states that the couple separated in February 2016 but went to the family doctor for an appointment where Brown ran away with his daughter in July 2016.
“Robin Brown refused to give Jennifer any access to Keira for 8 days, thus requiring court intervention, who then made adverse findings against Robin Brown.”
The claim also states that Brown fled with Keira many other times.
The lawsuit states that on one occasion that occurred in April 2019, Brown did not return Keira to Viater. Police were informed but he refused to let them into his home.
That was when the Jewish Family and Child Services became involved.
The claims reads: “On June 12, 2019, JF&CS concluded that Keira was at risk of emotional harm due to ongoing post-separation conflict.”
Viater’s lawsuit states that in mid-January 2020, Brown and his partner filed a false claim that the step-father of Keira was abusing her.
An emergency motion was filed by Viater and her husband against Brown later that month “due to his escalating behaviour,” requesting that his access be suspended or supervised.
As noted by the claim, It was decided by a Judge that the motion was not urgent as the Jewish Child and Family Services “is conducting an investigation and have eyes and ears on the ground” and can request urgent relief at any point.
The judge adjourned the case to February 20, 2020, a day Keira would not live to see.
According to the lawsuit, a case worker with the Jewish Child and Family Services interviewed many people as part of her investigation, including Keira’s psychologist.
The claim said: “Keira’s psychologist expressed significant concern that Robin Brown was trying to cause division between Keira and Jennifer and (her stepfather).”
The claim said the Viaters told the case worker that Keira came back from visits with Brown, called her mother a liar and said: “dad said you don’t love me.” After visiting her father, Keira would bang her head on the floor or wall and punch herself in the chest.
Viater’s claim alleges that the case worker “knew that Keira was a child in need of protection and failed to act to protect her.”
In February, Brown received documents containing the case worker’s observations.
The claim alleged that: “Given that he was to return to court shortly to determine if his access would be suspended or supervised, JF&CS knew or ought to have known that this could have been a triggering point for Robin Brown to harm or kill Keira.”
Viater’s claim noted that the case worker interviewed Brown on February 6, 2020 and said he was “agitated from the meeting,” and added that Brown as usual, refused to release Keira back to her mother that day after a visit.
Three days later, Brown and Keira went to Rattlesnake Point where their bodies were found.
Viater said a coroner’s report revealed that Keira died of blunt force trauma to the head and escalated the case to its domestic violence death review committee. She said Halton police “identified multiple risk factors for domestic violence in Keira’s father” but officers were not able to detect what led to the last moments of their lives.
For Viater, life is now a struggle. She misses Kiera’s playful smile and she is saddened by not being able to watch her grow.
Viater said: “I miss comforting her and having her head melt into my shoulder.”
