Kelowna woman sues province, B.C. case worker for breach of trust

A B.C. Ministry of Children and Family Development worker in Kelowna is the subject of scrutiny, following allegations of impropriety outlined in a civil suit filed last week.

Melanie Hatton filed a notice of civil claim, claiming that ministry case worker Kirsten Belitzky entered a romantic relationship with her then-husband, Jeffrey MacLean, as he was being investigated on allegations of abuse.

It was during a family intake appointment in 2019 that their issues were outlined and Hatton said she saw Belitzky and MacLean flirting, according to the suit.

Despite hearing allegations that, among other things, he’d thrown a child against a wall, Hatton said Belitzky “willfully and intentionally made sexual advances towards MacLean.”

This, Hatton claims, was harmful, however, it’s not where the allegations end. She goes on to claim that the social worker essentially ghosted her after offering assurances that counselling would be offered.

Deterred from attaining further ministry help, Hatton then obtained her own counselling and, from her view, Belitzky and MacLean entered into a relationship that, at that time, she wasn’t aware of.

She remained with MacLean until November 2021, when an incident led to MacLean being charged with her assault.  The charge was stayed in August after a series of delays. The 21 months and three days between the time he was charged to when the trial got underway was unreasonable, as established in the R. v. Jordan decision.  

At the time of the alleged assault, however, the ministry became involved again and until April 2022, Belitzky had access to the family file.

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Hatton claims the relationship was an issue that other MCFD employees were aware of and she claims nothing was done to address what she believes became a breach of trust until April 2022, when the director of the Vernon branch took over the file.

In January 2023, Hatton learned that Belitzky and MacLean moved in together. Hatton called the ministry and was told it wouldn’t get involved and to not call back.

“Belitzky unlawfully used her privileged position to access the plaintiff’s file and to share the information with MacLean,” in the period before the file was sealed, Hatton claims in the court filing.

“MacLean used the information unlawfully provided by Belitzky to continue to harass and track (her).”

Hatton claims that the private information shared by Belitzky was used by MacLean to frustrate the child protection measures of the children’s new social workers, and that it emboldened him and gave him ammunition in his continued harassment.

“Belitzky knew or ought to have known that unlawfully enriching herself by spending (Hatton’s) money and living in (Hatton’s) home after failing to assist (the child), sharing private information with MacLean, and failing to report the conflict, would cause the plaintiff harm,” Hatton claims in the civil suit.

“Belitzky’s unlawful actions were intentional or were done with reckless disregard as to the harm it would cause (Hatton).”

The ministry’s failure to intervene is also highlighted in the civil file, and she claims the ministry director’s failure to train, detect, supervise, restrict, review and restrain Belitzky caused emotional and psychological injury.

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For what’s been described as misfeasance in public office and invasion of privacy, Hatton is seeking damages

None of the allegations in the civil claim have been tested in court and the ministry has not filed a response.

A ministry representative said, when contacted, that as this is a matter before the courts, the ministry is unable to comment.

In 2018, MCFD was sued for vicarious liability for the thefts of Kelowna-based case worker Robert Riley Saunders, who stole the ministry in the names of Indigenous youth in his care.