Ontario parents advocating for 'Keira's Law' say it could have prevented alleged Sask. abduction case

A mother who is pushing for the passage of a bill to address intimate partner violence says Keira's Law could have prevented the alleged abduction of a Saskatchewan girl back in November. 

Jennifer Kagan is the mother and Philip Viater is the stepfather of four-year-old Keira Kagan.

On Feb. 9, 2020, Keira was found dead with her father at the base of a cliff at Rattlesnake Point Conservation area in Milton, Ontario. Kagan and Viater believe it was a murder-suicide. 

"She was a bright, lively, engaged child who would have had a very bright future had she not been failed by the family court system," said Kagan.

The bill they are advocating for, Bill C-233, would offer more education and training about domestic violence for judges. 

"If a judge on her file had education and training in domestic violence, it would have made a considerable difference for Keira," said Kagan.

"We're hoping that it will make a considerable difference for others." 

Kagan and Viater say Kiera's father's abusive behaviour was minimized by family courts.

"He kidnapped her on at least three occasions. He ran off with her in the face of court orders or parenting schedules in place," said Viater. 

Viater said that even in the face of strong warnings that Keira's father's access would be curtailed, his behaviour continued until her death.

Kagan said Keira's Law would give judges in family courts the tools to recognize patterns of domestic violence and its impact on children.

"Right now, there is this bias [in family courts] toward pro-contact at all costs," says Viater. 

"It takes one bad parent to destroy a child and a family, and courts don't seem to understand that." 

LISTEN | Jennifer Kagan and Philip Viater spoke with host Stefani Langenegger on the Morning Edition: 

Allegations of abuse in Jackson custody hearing

Kagan and her husband, who is a lawyer specializing in family law, have pored over family court documents regarding a recent highly publicized abduction case in Saskatchewan, and they believe warning signs were missed in that case as well.

Michael Gordon Jackson is facing a charge of abduction after taking his seven-year-old daughter to an undisclosed location back in November. He didn't return the girl and cut off all contact with her mother, later telling an online talk show he took her to prevent her from getting vaccinated for COVID-19.

Sarah was reunited with her mother Mariecar Jackson last week, after RCMP found Sarah and her father in a parking lot in Vernon, B.C., and arrested Michael. 

"I was terrified for Sarah, for her safety," said Kagan, recalling her reaction to news of Sarah being taken by her father back in November. "[There were] so many concerning factors."

A court decision in 2019 from the custody battle between Mariecar and Michael Jackson details allegations of abuse. 

In those documents, Mariecar alleges Michael was emotionally and psychologically abusive. There were also multiple past occurrences referred to in the court documents where Michael had not returned Sarah to Mariecar when he was supposed to after their separation. 

Mariecar described her life with Michael when they were together as "difficult."

Mariecar was born in the Philippines and came to Canada in April 2013 on a work visa. Michael and Mariecar met in the restaurant where Mariecar worked. She moved in with Michael in July 2013 and found out that month she was pregnant. They married in September 2013 and Sarah was born April 2014.

Mariecar described Michael as a misogynist and said he would threaten her with deportation when they argued. She said Michael put up security cameras that made her feel watched, and would criticize the way she talked and dressed, and her choice in friends. 

She said when she was working, her money was given to Michael and she was given $20 per week. She says he eventually demanded she quit her job. 

The published court decision says Michael spanked their dog, and he testified it would not have happened "if she had just listened to him." 

Mariecar also described an incident where Michael beat the dog when it ate his chip dip, and another incident where Michael grabbed Mariecar's iPad and smashed it. 

Mariecar left Michael in December 2016 and stayed in a Regina women's shelter for three and a half months.

The documents also indicate Michael has an adult son from a previous relationship. He last saw his son when he was seven years old. He pleaded guilty to harassing his son and his son's mother and received a discharge. 

The judge identified abusive and controlling behaviour, but ultimately weighed in favour of joint legal custody, said Viater.  

"I think if the judge had better training and understanding of how these perpetrators of abuse behave and how they're going to behave in the future, the judge could have crafted a much better decision that would have protected this child, a lot better than she was," he said. 

Training for judges essential, say advocates

Bill C-233, or "Keira's Law," comes after the federal government amended the Divorce Act last year to broaden the definition of family violence. Under the Divorce Act changes, family law judges need to take into account any history of domestic violence when making determinations about parenting and access to children. 

"In order for that change in legislation to truly be effective, there needs to be training for these judges," said Jo-Anne Dusel, executive director of the Provincial Association of Transition Houses and Services, or PATHS. 

Dusel said there is more risk for domestic violence victims after separating from their abusers.

"What happens is an abusive partner no longer has access to the primary victim who was their spouse, and they use the child as a pawn in order to inflict harm on the other person, the other parent," said Dusel.

"It's a faulty assumption that someone who is violent and abusive toward an intimate partner can be a good parent."

Sask.'s high rates of intimate partner violence

Dusel, Kagan and Viater all said Keira's Law is especially important for Saskatchewan because the province has some of the highest rates of intimate partner violence and domestic homicide. 

"We need to do better. We're the only province in Canada that does not have a dedicated plan, a specific plan to address intimate partner violence," said Dusel.

Dusel said children don't have to be directly abused to be harmed in these situations.

"These children are often being court-ordered to spend time with somebody who has a history of violence," said Dusel.

"Children aren't just exposed to domestic violence, they experience it," said Kagan.

"There is preventable trauma that children in the family court system are experiencing at the hands of abusers, and it's completely unnecessary and preventable." 

Bill C-233 will be before the House of Commons for a second-reading in April. 

Support is available for anyone affected by intimate partner violence. In Saskatchewan,www.pathssk.org has listings of available services across the province. You can access support services and local resources in Canada by visiting this website. If your situation is urgent, please contact emergency services in your area.

GETTING HELP:

1-800-799-SAFE (7233)

OR TEXT "START" TO 88788