Canada’s top court won’t hear appeal of B.C. family case that tore 4 kids away from their dad

The Supreme Court of Canada has opted not to hear the appeal of a decision in a controversial B.C. custody battle that tore a father away from his four children.

The court announced Thursday that it would not consider a B.C. Court of Appeal decision in the case of J.P. and B.G, 

READ MORE: B.C. Court of Appeal tosses ruling that found MCFD allowed toddler to be molested

The case concerned two parents — a mother, J.P., and a father, B.G. — who became embroiled in a court battle that put the provincial Ministry of Children and Family Development (MCFD) under fire.

A B.C. Supreme Court judge ruled in 2015 that the father, B.G., had sexually abused his children and that the ministry let it happen.

The B.C. Court of Appeal subsequently overturned that decision and noted that the finding was tainted by evidence provided by Claire Reeves, a fraudulent expert witness whose credentials came from a “diploma mill.”

B.C. Court of Appeal Justice Daphne Smith ruled that the Supreme Court judge “did not fulfil his gatekeeper role to ensure that the expert evidence sought to be adduced would enhance, rather than distort, the fact-finding process.

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“That role required him to admit opinion evidence that was necessary, reliable and furthered the goal of accurate fact-finding while at the same time refuse to admit evidence that was unnecessary, insufficiently reliable or not based on an adequate scientific foundation.”

Smith went on to write that the Supreme Court judge’s treatment of the expert witness led to a “fundamentally unfair trial.”

Jack Hittrich, the lawyer for J.P., subsequently filed a lawsuit against Reeves, asking for general, special, punitive and aggravated damages.

Hittrich has not responded to a request for comment.

Read CKNW’s special coverage of this case:

Part 1: How ‘flawed’ B.C. court rulings tore 4 kids away from their dad for 5 years and counting

Part 2: The B.C. judge who ‘ignored evidence,’ ‘erred in law’ and put a ministry under fire

Part 3: The family lawyer whose zealous advocacy missed ‘obvious red flags’ and helped an unfair trial proceed

Part 4: A B.C. dad who couldn’t afford a lawyer or get legal aid lost access to his kids

Part 5: How B.C.’s ill-equipped system spawned the longest child welfare fight in Canada’s history

• With files from Charmaine de Silva, Estefania Duran and Simon Little