Mom of poisoned four-year-old pleads guilty to criminal negligence causing death

Kane Driscoll - a happy kindergartener who had overcome serious medical issues in his short life - died from hydromorphone poisoning after somehow ingesting the powerful opioid that had been prescribed in staggering amounts to his mom.

More than three years after his parents found his lifeless body in his bed in their Hamilton Mountain home on the morning of Sept. 27, 2017, exactly how the painkiller entered the four-year-old's body remains a mystery.

Did he find a carelessly discarded pill? Did his mom forget to wash out the pill crusher used for both of their medications? Did he consume crushed pain pills mixed with yogurt that his mom saved for herself? The truth will likely never be known.

But what is known is that his mom, Lisa Strickland, is responsible, a Hamilton court heard Wednesday. She brought the pills into the home, she knew that the amount of medication she was taking was making her careless and she was responsible for keeping her son safe.

Strickland pleaded guilty to criminal negligence causing death. It is a lesser offence to manslaughter, of which she was originally charged.

Speaking to Ontario Court Justice Anthony Leitch over Zoom from jail, where she has been since being found guilty of breaching bail conditions last March, Strickland said she takes full responsibility.

Strickland said she did her best during Kane's life to keep him from pain, especially during the numerous surgeries he had since birth. That he died because of her is devastating.

I still ache for him every day, but I am definitely not the victim," she said, her voice breaking. No punishment can take away the pain."

Kane Driscoll had a number of medical issues, including a heart defect called tetralogy of Fallot. He still had a feeding tube and was expected to need further heart surgery, but was generally healthy and happy at the time of his death. He lived with his mom and dad, Mike Driscoll, who was initially considered a suspect by police but was never charged.

When Kane died there were no signs of trauma and it was only months later, when toxicology results came back, that it was clear he had been poisoned. He had 60 nanograms per millilitre of hydromorphone in his blood.

According to an agreed statement of facts read by assistant Crown attorney Kathy Malkovich, Strickland had been prescribed hydromorphone on a regular basis in the years before her son's death. In the months before September 2017, this included prescriptions for multiple, painful ailments ranging from kidney stones to ovarian cysts to peptic ulcers.

Over time, her dependency grew to the point that, according to a review of her medical records, she was regularly being prescribed hydromorphone at eight times the normal amount. Dr. John Fernandes, a well-respected forensic pathologist who died in 2019, also concluded in that review that her medical conditions would not require that level of narcotics.

In the month before Kane's death, Strickland had eight appointments at a clinic in Toronto, where she saw two doctors. In total, she was prescribed 800 tablets.

On Sept. 11, 2017, she told one of her doctors that she wanted to go off hydromorphone because it was making her careless," according to medical records. She had left her phone in the fridge. Strickland was prescribed codeine, but a week later was back and prescribed more hydromorphone.

That she doesn't know how her son ingested the opioid is direct evidence of wanton disregard," Malkovich said.

Furthermore, Strickland is a registered practical nurse and her medical training would have made her more aware of the impacts of overuse of prescription painkillers, she said.

Defence attorney Beth Bromberg argued Strickland knew how dangerous the drug was and knew how it was impacting her, but said the liability was on the lower end." She was sick and on leave from her work due to pain. Her husband was home and her mother-in-law would often come over. There were also nurses who attended the home to care for Kane.

Strickland grew up in a traumatic" home in Hamilton. Her father was an alcoholic, a gambler and was abusive to her mom and older brother, Bromberg said. When Strickland was 10, her mom moved her to Newfoundland. She later came to Hamilton to study at Mohawk College.

When Kane died, Strickland thought it was his heart, but while sitting in jail, she came to understand how she was responsible.

It has sunk in over time that she was addicted to the hydromorphone," Bromberg said.

She has been in jail during the worst time in her life, cut off from family in Newfoundland - where Strickland plans to return. Strickland suffers from PTSD, reliving the moments of trying to revive her son while waiting for ambulance, and is also on medication for depression and anxiety.

Losing a child is hard enough, but knowing she caused it is something she will never get over," Bromberg said.

Stickland expects she will lose her nursing licence and is planning to study a trade online. She wants addiction and mental-health counselling.

Both the defence and prosecution agreed to give Strickland credit for nearly two years and four months in pretrial custody. The Crown is arguing Strickland should face several more months. The defence has asked for time-served. Both agreed to three years probation.

The case returns Thursday for sentencing.

Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com