CFS exposed siblings to known sexual predator, lawsuit alleges

Two half siblings are suing Winnipeg Child and Family Services (CFS), social workers, the government of Manitoba and their abuser after they were permitted to live with a convicted child predator who went on to sexually assault them.

Plaintiffs in the case are a half brother and sister who share the same mother. The lawsuit details how the sister's biological father and brother's stepfather raped, fondled and in the case of his daughter, made child pornography. CFS was involved with the family during the time period when these assaults occurred.

The defendant is currently in jail for sexual assaults committed against both plaintiffs.

CBC is not releasing the initials of the victims to protect their identities.

A spokesperson for the Manitoba government said the province has received the statement of claim and will file a statement of defence.

"Since this is an ongoing matter, we have no further comment to provide at this time. The Child and Family Services Act also prohibits us from providing information on any case that may have had CFS involvement," said the spokesperson.

Abuse carried on for years

According to the court documents, abuse against the older plaintiff, the brother, began in 1998 while he was living with his mother in a small town in southwestern Manitoba. His mother suffers from numerous health problems, the court documents say, including chronic pain and severe rheumatoid arthritis.

Her boyfriend, the defendant, first began sexually assaulting the boy between November 1999 and October 2000 on multiple occasions in the family home.

In 2001 the family moved to Winnipeg and began receiving services from CFS.

Then in 2002, the defendant was convicted for sexual interference against his stepson and received a conditional sentence that allowed him to live at home, the court documents state. His daughter was born later that year.

During the conditional sentence, the defendant resumed assaulting his stepson, which he continued until 2005.

"[The siblings] were particularly vulnerable to, or at the mercy of, Winnipeg CFS, the General Authority, the director Manitoba and their employees," said the documents.

Social workers allowed both siblings to have unsupervised contact with the defendant and live in the same home together when there was a "high probability" that the defendant would harm them.

Then in 2012, the convicted child abuser was given sole custody of his daughter, who was about 10 years old at the time. At that point, he began assaulting her and taking photographs of the abuse. 

About a year later, the defendant was arrested again and pleaded guilty to sexual interference and making child pornography.

CFS called 'reckless, careless, negligent'

The plaintiffs argue CFS should have known the defendant's criminal past and protected the siblings from him.

They argue the government defendants were "reckless, careless, negligent and in breach of their fiduciary duties." They say the defendant should never had been authorized as a caregiver for the children and that CFS failed to conduct a sufficient risk assessment of him and supervise the children.

Social workers did not investigate the representations the defendant made to them, said the documents, and failed to visit or adequately assess the children's wellbeing.

The half siblings are suing for a range of damages, including internal injuries. They also list emotional harms, including: depression, suicidal ideation, diminished self worth, nightmares, mental distress and anguish as well as personality changes.

In the case of the stepson, periods of homelessness, substance abuse and difficulties engaging in sexual behaviour are also listed as damages. In the case of the defendant's daughter, she suffers from self-harming behaviour and lives under CFS care.  

The siblings are asking for on-going medical and hospital services and well as psychotherapy. They say their formal education has been "grossly impeded" and their ability to find and maintain employment "severely affected" and claim loss of income as well. They also claim punitive and aggravated damages to be proved during the trial.