Little Grand Rapids woman who was caregiver to 3-year-old cousin found guilty in toddler's death

WARNING: This story contains disturbing details.

A Manitoba woman has been found guilty in the death of her toddler cousin, who was found to have more than 75 injuries, including multiple rib fractures and serious loss of skin on parts of his body.

Alayna Flett was convicted of failing to provide the necessaries of life as the guardian to three-year-old Abel Leveque-Flett, provincial court judge Stacy Cawley ruled in a written decision on Nov. 24.

Abel was rushed to a nursing station in the eastern Manitoba community of Little Grand Rapids on Aug. 23, 2018, where he was pronounced dead within minutes.

A nurse testified the child didn't have a pulse when he got to the station and had bruising on his face, broken blood vessels on his left eye, and blood behind his eardrum. He also had wounds in his mouth, the nurse said.

A forensic pathologist said the cause of death couldn't be determined. He said that based on the child's history, it was likely a seizure, and that it was possible an inflicted injury could have led to one.

But Cawley said that "his injuries cried out for medical treatment."

"Words are inadequate to convey Abel's state as depicted in the nursing station photographs," the judge wrote in her decision.

"I have no hesitation in concluding a reasonably prudent parent would look at Abel's appearance on Aug. 23, 2018, and take immediate action."

The pathologist said the child's dozens of injuries included multiple bruises on his head, several fractures — including four rib fractures — and unusual lesions to his neck, lower abdomen and groin region.

The court also heard Abel suffered from many medical issues, including epilepsy, congenital brain malformation and global developmental delay.

Some injuries likely not accidental: expert

In 2021, the RCMP arrested Flett and Houston Bushie, her boyfriend at the time of Abel's death. Both were charged with failing to provide the necessaries of life for the toddler. 

Houston Bushie's charges are still outstanding. He is scheduled to appear in court Jan. 16.

A Child and Family Services employee who worked in the community told court Abel had previously been living with his grandmother after CFS determined Abel's parents couldn't care for him.

But after an issue arose that affected the grandmother's ability to care for Abel, the family reached a private agreement regarding his care, so that he wouldn't be apprehended by CFS.

The CFS worker testified that it was her understanding that in June, an arrangement had been made for Flett and Bushie to assume responsibility for Abel's care.

The employee said she drove Abel to visit his parents on five different occasions between late June and July 20, 2018 — the last time she saw Abel. At one point, she noted he had a mark or bump on his forehead and two black eyes.

The employee said Flett claimed Abel had grabbed the handlebars of his crib and banged his forehead against it, which the worker found believable at the time.

A child maltreatment expert testified that it appeared several of Abel's injuries were not accidental.

The only reasonable conclusion to draw in these circumstances is that Flett knew Abel was being injured from ongoing abuse but she chose not to act.- Judge Stacy Cawley

The expert also confirmed growth charts showed the toddler had suffered from substantial and unusual weight loss from around the time he was still in his grandmother's care until his death on Aug. 23.

Flett's brother, Alex Flett, who lived next door to his sister and was 14 at the time, told the court he had seen a rash on the toddler's neck, lips and groin.

During cross-examination, Alex said his sister was away from home for extended periods of time that summer for work, and that Abel would float from house to house, spending time with his parents and grandmother.

The defence argued the evidence was insufficient to prove Flett was the child's guardian or aware of his condition, or that the child was abused.

They also argued there was evidence Abel stayed with different family members that summer, an argument the judge said she did not find credible.

She also wrote that it was "illogical to speculate" Flett may not have known about Abel's "glaringly obvious" injuries.

"He would have demonstrated ongoing pain, discomfort and reduced movement," Cawley wrote.

While her decision does not comment on who committed the abuse, it says "the only reasonable conclusion to draw in these circumstances is that Flett knew Abel was being injured from ongoing abuse but she chose not to act."

Flett is due to appear in court again for sentencing on May 15.

Children advocate calls for more protections

Sherry Gott, Manitoba's advocate for children and youth, said Abel's death was tragic, and called for more resources and review of policies for children cared for in kinship homes.

"There needs to be some kind of safety mechanisms in place — more contact with the family, resources provided to support the family that's supporting a young child," she said.

That's especially true for vulnerable children who "can't speak for themselves," she said.

Gott said she and the government are still working on the recommendations from the inquiry into the 2005 death of Phoenix Sinclair that have yet to be implemented.

Phoenix died when she was five years old, after being severely beaten and abused. Her death was hidden from social workers for months.

A progress report published in late January showed the province still had 19 recommendations to implement from the inquiry report, which was delivered nearly a decade ago.

Manitoba's Department of Families ordered a review into Abel's death in 2021. A provincial spokesperson said Friday that the department received the final report in May 2022.

"This report is confidential and protected by the Child and Family Services Act," the spokesperson said in an email. "The act's confidentiality clauses include protecting identities and specific information about families and children."

The spokesperson said the recommendations have been reviewed and that the province has begun "preliminary work" on several areas.