B.C. ministry knew Alex Radita was in Alberta and did nothing, murder trial hears

The British Columbia Ministry of Child and Family Development knew Alex Radita was living in Calgary with his family and was concerned about his welfare, but did nothing to notify its Alberta counterpart, according to evidence heard in court on Monday.

The ministry was investigating after Alex — who had Type 1 diabetes — failed to show up at two doctors' appointments over a period of six months in 2008 and 2009. 

Alex Radita, 15, was discovered dead inside his Calgary home in May 2013 weighing just 37 pounds. He died of complications from untreated diabetes, starvation and neglect.

His parents, Rodica and Emil Radita, are on trial in Calgary for first-degree murder. 

When the Raditas lived in B.C., Alex was seized from his parents after he nearly died from malnourishment. Court has heard evidence that the Radita parents rejected doctors' diabetes diagnosis. 

Alex's untreated diabetes landed him in hospital on several occasions, once just hours away from death, according to a doctor's testimony last week.

On Monday, the court heard testimony from two B.C. social workers who were involved with the Radita family.

• Alex Radita had life story of 'suffering,' says his kindergarten teacher

Richard Gage worked with the family in 2003 when Alex was seized from his parents. The boy was hospitalized for three months and then placed with a foster mother before a judge returned the boy to his family a year later.

A second social worker, Ravinder Dhami, was tasked with trying to track down the Raditas after they failed to show up for doctors' appointments in 2008 and again in 2009. 

Under cross-examination, Dhami told Emil Radita's lawyer, Jim Lutz, that she was given a Calgary address for the Radita family, but did not notify social services in Alberta. 

"It's not a part of our procedure," said Dhami.

Although there were concerns in 2009 that the Radita parents were once again not properly treating Alex's diabetes, the B.C. Children and Family Ministry closed the file on the family.

New protocols adopted in B.C.

There are new protections that came into effect in April 2016 that could prevent a similar death from happening in the future.

"Canada's provinces and territories recognized we needed to strengthen information-sharing provisions to better protect the safety of vulnerable children and families," said B.C.'s Ministry of Children and Family Development in a written statement.

A new provincial protocol is now in effect that "authorizes the sharing of confidential information without the person's consent where necessary to ensure the safety and well-being of a child or youth."

The new protocol would require B.C. social workers to gather and disclose information with other jurisdictions any time there are concerns about the safety and well-being of a child who has moved out of the province.

The ministry would not comment on the Radita case specifically, but said that in 2009 Alberta's department should have been notified if "the originating province was in the process of conducting a child protection investigation." 

'I cried when they told me he died'

Gage said he learned of Alex's death after getting a phone call from a Calgary police detective.

"I was in the car with my wife and saw this message on my phone and heard it was from the city police service," he said. "I cried when they told me he died."

Gage, who no longer works as a social worker, said he believes Alex's death was "completely preventable."

"It was a collection of errors," he said in an interview outside the courtroom after completing his evidence.

Those errors belong to multiple individuals and groups, said Gage.

"We're bringing the interplay of a family, the organizations of two provinces, I wish I had an answer."

During his testimony, Gage got emotional when asked to describe Alex.

"We liked Alex," Gage said in his testimony. "You just saw him and took an instant liking to him, a polite little boy."

Emil Radita mistrusted social services

Most of Gage's interactions with the Radita family were with Emil, who Gage said was always polite, though he didn't like social services being involved in his family's affairs.

"He said he didn't want me within 1,000 metres of him or his family," said Gage. "That was sniper distance."

Gage said Emil explained he'd been in the Romanian special forces.

"[He said] I was waging psychological warfare on his family."

Gage said Emil Radita told him that he loved Alex.

"I have no doubt, Mr. Radita, that you love your son, but it's the way which you go about loving him is a concern," Gage testified he said in response.

Alberta's truancy policy

There were other failed opportunities for outsiders to check on Alex.

He had been registered in a B.C. school but never attended. 

In Alberta, he was registered in an online school that falls under the East Central Catholic School Board, but never submitted a single piece of work for the 2009-10 school year.

The principal of the School of Hope testified last week that although the Raditas could not be contacted, there are no laws that require schools to notify the Alberta Education or Child and Family Services ministries.

A spokeswoman for Alberta Education responded on Monday to the CBC's request for information on the department's policies related to truants.

Although children ages six to 16 must attend school, the role of enforcement falls on the attendance officer, who has the authority "to take certain actions related to enforcing attendance."

It is unclear if any attendance officers were ever notified about Alex's failure to submit any work, or if the school board referred Alex's case to the attendance board.

"School authorities have processes and policies for how they monitor schoolwork, attendance, etc.," wrote Tamara Magnan with Alberta Education. "You will need to contact them for their specific processes and procedures for their registered students."

The superintendent of the East Central Catholic Schools District was in a meeting on Monday afternoon when the request for details on the board's truancy procedures was made.

Court of Queen's Bench Justice Karen Horner will hear from one of Alex's doctors on Tuesday when the trial resumes.