London court lifts ban on Nathaniel McLellan’s identity in manslaughter case against former babysitter

Hey there, time traveller!
This article was published 15/07/2021 (1905 days ago), so information in it may no longer be current.

A London court has ordered that Nathaniel McLellan’s name can be public in relation to court proceedings in the manslaughter case against his former babysitter.

Thursday morning, Justice of the Peace Kristine Diaz rescinded a publication ban on Nathaniel’s identity in the manslaughter case against Meggin Van Hoof, who was looking after the 15-month old boy when he collapsed in 2015. Two weeks ago, at the request of London crown attorney Jeremy Carnegie, Diaz imposed the ban on Nathaniel’s name and anything that might identify him.

“On the Meggin Van Hoof matters, crown application to rescind the publication ban pursuant to section 486.4, sub 2.1 is ordered today and granted,” Diaz said during the brief court hearing by Zoom.

Rose-Anne and Kent McLellan, Nathaniel’s parents, attended the hearing along with numerous supporters from the Parkhill community. They were pleased with the result, though still confused as to why a ban was imposed in the first place.

“Lifting the publication ban ensures Nathaniel will not remain anonymous,” said Rose-Anne, in an interview after the brief court hearing. “Nathaniel’s name and memory can now be preserved and spoken during our continued quest for justice.”

Nathaniel’s story was profiled in Death in a Small Town, a recent Toronto Star series that described how the OPP and Strathroy-Caradoc police initially targeted parents Rose-Anne and Kent in the investigation. As a result of this “cloud of suspicion” the family lived under for years, Rose-Anne and Kent say they are hyper sensitive to every twist and turn in their son’s case.

Crown attorney Diaz gave no explanation for why he asked for the ban. Carnegie, in brief remarks in court, referenced what he termed the “mandatory” nature of the ban that he requested, apparently suggesting that once it was requested the justice had to grant it.

According to the McLellan family, Carnegie did not consult with them before requesting the ban. After the ban was imposed and both the McLellan family and the Star objected, Carnegie spoke with the McLellans and said he would not lift the ban, the McLellans told the Star. At that point, the Star contacted top officials in the ministry of the attorney general, who intervened and told the Star the ban would be lifted.

Emma Carver, the Star’s media counsel, said the ban did not make sense.

“This section (of the Criminal Code) is intended to protect the privacy interests of living victims who are under 18. The Criminal Code explicitly requires that the Crown consult with victims before the order can be “mandatory.” To impose a ban over a deceased child’s identity — especially without first consulting the family of the child — is not consistent with victims rights, the legislation or the open court principle, and risks doing a significant disservice to the deceased child’s legacy and memory,” Carver said.

Once the ban was lifted, the court’s attention turned to the charge of manslaughter against Van Hoof. She was arrested and charged on June 23, and released on bail that morning.

A police document that gives a brief description of the allegations (the document was covered by the now rescinded ban) states that Van Hoof “did unlawfully kill Nathaniel McLellan.” No other details of the allegation are provided. The Star’s series provided a timeline video based on police documents describing what occurred the morning Nathaniel collapsed. Doctors discovered a 9-10 centimetre fracture in the back of his skull and he died several days later in hospital.

The charges against Van Hoof have not been tested in court. During Thursday’s appearance court heard that crown Carnegie has 500 pages of disclosure documents related to the OPP investigation with “much, much more” expected in the near future. He said he has just finished reading the initial batch of OPP documents and will be providing them to Van Hoof’s lawyer, Peter Downing.

Downing said he is “not in a rush to return” to court until he has received all of the disclosure. Court set Sept. 16 as the next court date.

Tomorrow, Saturday, would have been Nathaniel’s seventh birthday.

The Parkhill community is holding a special event for the McLellan’s on Saturday at a memory garden. A note from the Sacred Heart Parish Catholic Church invites people to “join us for memories, stories and prayers … and just to let the family know that we have been holding them in our hearts and prayers throughout these past years. We hope you can join us this day, to help make it special for the McLellan Family.”

Kevin Donovan can be reached at 416-312-3503 or kdonovan@thestar.ca