A B.C. mother who claims that her ex-husband sexually abused their four children, and that the Ministry of Children and Family Development allowed it to happen, has asked Canada’s highest court to weigh in.
A woman only identified as “J.P.” has filed an application for leave to appeal with the Supreme Court of Canada.
This comes two months after the B.C. Court of Appeal delivered a stunning ruling, overturning two lower court decisions.
One decision found that her ex-husband – known as “B.G.” – had sexually abused their kids.
The other decision blasted the children’s ministry for failing to protect those kids.
B.C.’s high court found the trial judge relied on fraudulent evidence from a questionable expert with bogus credentials.
But now, J.P.’s lawyer Jack Hittrich argues the appeal courts didn’t give enough weight to video recordings the mom made of the young kids detailing abuse.
The application for leave to appeal also questions the standard of care for social workers, and whether the appeal court even had a right to overturn the trial judge’s facts.
The application doesn’t address the concerns about trial fairness raised as a result of the mother bringing forward an expert whose degrees came from online diploma mills — and who never, in fact, interviewed the father or the kids.
Canada’s highest court will now have to decide whether to hear the appeal.
But Morgan Camley, B.G.’s lawyer, is confident that moving forward, “the decision of the British Columbia Court of Appeal will remain the final word on this tragic case.
“No issue of national importance is identified and the appellant fails to come to grips with the overwhelming fact that her witness Claire Reeves perpetuated a fraud on the court.”
Camley adds her client hopes leave to appeal will be denied, “so he can once again fully focus his efforts on trying to rebuild his shattered relationship with his children.”
He hasn’t seen them in five years.
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