Caregiver guilty in death of Little Grand Rapids toddler

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This article was published 08/12/2023 (678 days ago), so information in it may no longer be current.

A Manitoba woman entrusted with the care of a toddler who suffered more than 75 injuries before he died has been found guilty of failing to provide the necessaries of life.

Alayna Flett, 24, stood trial earlier this year in the August 23, 2018, death of her three-year-old cousin Abel Leveque Flett at Little Grand Rapids.

Flett will return to court in May for sentencing.

Abel was rushed to the local nursing station after Flett’s boyfriend and co-accused Houston Bushie called to report the child had suffered a seizure. Abel suffered from epilepsy, could not walk or talk and was developmentally delayed.

Abel, who had no pulse and was not breathing when he arrived at the nursing station in the fly-in First Nations community some 260 kilometres northeast of Winnipeg , was pronounced dead four minutes later. His face and head were covered in bruises and he had injuries to his neck, arm and groin.

“This is not a case involving one or two unexplained injuries,” provincial court Judge Stacey Cawley said in a written decision dated Nov. 24. “Abel’s appearance… called for action. His injuries cried out for medical treatment. Words are inadequate to convey Abel’s state as depicted in the nursing station photographs.”

Court heard evidence at trial Abel had been placed in the care of his paternal grandmother sometime earlier. When issues arose over the grandmother’s ability to continue caring for Abel, his mother — in an effort to avoid Child and Family Services seizing the boy — arranged for Flett and Bushie to assume care around June 16, 2018.

A CFS worker who helped facilitate visits with Abel’s parents testified she visited Flett’s home July 18, 2018, and saw Abel with a bump on his forehead and two black eyes. When the worker asked Flett what happened, she told her the child had grabbed the bars of his crib and banged his head against them.

The worker testified she thought Flett’s explanation at the time was believable, but told her to document any future injuries, with an explanation as to how they occurred.

Flett’s brother, Alex, who lived next door and was 14 at the time, told court he babysat Abel two weeks before he died and saw the child with a black eye and what he called a “rash” on his neck, lips and groin.

Alex Flett said there was skin missing from the child’s groin and it “looked bad.” He said his sister and Bushie both assured him it was a rash and they would take care of it.

A nurse on duty at the time Abel was brought to the local health facility testified the child’s head was soft to the touch, with bruises all over.

He had broken blood vessels in his eye, blood behind his eardrum and wounds to the inside of his mouth. His groin had a large raw wound and was missing the top layer of skin.

A pathologist who conducted an autopsy said the child’s injuries included four fractures to his left arm and four fractured ribs. Some of his injuries were days old, others weeks old.

The pathologist could not determine a definite cause of death, testifying it was possible one of his injuries prompted the onset of a fatal seizure.

Defence lawyer Jeremy Kostiuk argued the court could not be satisfied beyond a reasonable doubt Flett was the child’s primary caregiver or was even aware of the injuries, alleging Flett was often out of the home for extended periods for work and Abel often spent time at the home of other family members.

Cawley said the evidence showed Flett was seen caring for Flett at her home on multiple occasions, had ordered medication for him, was familiar with his injuries and had offered explanations for how they occurred.

“Based on the record as a whole, I am convinced Flett was one of Abel’s main caregivers,” the judge said. “As such… it would be illogical to speculate Flett may not have known about Abel’s condition.

“Her interactions with Abel equipped her with knowledge of the extent of his injuries, the majority of which were glaringly obvious.”

Cawley’s ruling did not address who may have inflicted Abel’s injuries.

Houston Bushie remains before the court.

The Manitoba government ordered an in-depth Section 4 review of Abel’s death following Flett’s and Bushie’s March 2021 arrests.

Section 4 of the Child and Family Services Act gives the director of CFS the authority to fully review a case. It requires any person who, in the opinion of the director, is able to give information, to provide it.

A final report was received by the Department of Families in May 2022, but its findings remain confidential, a provincial government spokesperson said in an email Friday. “The report’s recommendations have been reviewed and preliminary work has commenced to support work across several areas.”

Abel’s death highlights the need for an analysis of protection gaps in the child welfare system, said Manitoba advocate for children and youth Sherry Gott.

While there is an emphasis on ensuring Indigenous children in care remain with family members, training gaps or support needs must be identified to ensure they remain safe, she said.

“There needs to be support… either from the community or some community worker, especially when the child is vulnerable like that,” she said. “There needs to be improved capacity of families and communities to protect their children.”

dean.pritchard@freepress.mb.ca