Susan Clairmont: ‘Keira’s Law’ aims to protect children from domestic violence
She was just four, but a law bearing her name would tell judges across Canada to smarten up.
Keira's Law would amend the Judges Act to make training on family violence mandatory for all new federal judges and continuing education on intimate partner violence and coercive control" required throughout their career.
Bill C-233, a private member's bill, goes to its second reading in the House of Commons Friday, another step toward becoming Keira's Law.
The law would be a concrete way to increase protection for victims of domestic violence in a country where, according to the Canadian Domestic Homicide Prevention Initiative, about 30 children a year are killed by a parent.
The force behind Keira's Law is her mother, Dr. Jennifer Kagan-Viater.
This is about giving judges the tools they need to make decisions around child safety at the forefront, to prevent violence and harm to children," she says. There's a lot of public pressure in Canada around doing better for children in situations of domestic violence. The public really cares about these issues."
On a blustery Sunday in February 2020, Keira was on a court-ordered visit with her father, Robin Brown, when he took her to Rattlesnake Point Conservation Area in Milton. When they did not return, Halton Regional Police began searching.
Keira's body was found at the bottom of a cliff, her father's nearby.
A post mortem found Keira's injuries were consistent with falling off the cliff. The coroner acknowledges there were risk factors for domestic violence in the circumstances surrounding her death, however ultimately said it cannot be determined if her death was an accident, or the result of a murder-suicide.
The glaring reality is Keira's father knew he was in jeopardy of losing her. A years-long custody battle was coming to a head and Brown knew heading into that final weekend that it could be the last one he'd be allowed to spend with his daughter. He was days away from appearing before a family court judge who could decide to suspend his access to Keira or order supervised visits.
Brown's behaviour was increasingly erratic, according to Jennifer, a palliative care doctor, and her husband Philip Kagan, a family lawyer. They believe a child welfare worker knew it too, and allege so in an ongoing lawsuit against the Jewish Family and Child Service.
Harm coming to Keira is the outcome Jennifer always feared. It is why she split from Brown and took Keira out of their Burlington home. It was why she begged judges for supervised visits (there was one week of supervision). It was why she called out his lies - lies that were acknowledged by the court.
Yet Keira was ordered to spend time alone with her father.
There is no downside to Keira's Law, says Peter Jaffe, professor emeritus at Western University and one of Canada's leading experts on family violence.
Judges vary on their knowledge and background on family violence issues," he says. There are judges who would be considered national leaders in terms of their knowledge and role in educating their peers. There are other judges who come to the bench without much of a background in the area and probably need extensive education on the issues.
Going to court shouldn't be like going to Las Vegas. If you're the victim of family violence you shouldn't depend on luck - whether the judge you're appearing before has a deep and sensitive understanding of the issues or whether they don't know anything more than the average person on the street."
Keira's case is being reviewed by Ontario's Domestic Violence Death Review Committee which will offer non-binding recommendations.
Jaffe is conducting a study of the committee's recommendations since it was formed in 2003.
There have been hundreds of recommendations," he says. Broad categories include public education, professional training and enhanced collaboration across systems. Many recommendations have never been implemented, sometimes because of costs or a lack of ownership.
Perhaps more shocking is that an entire law intended to address the justice system's role in family homicides has never been used. It passed in the Ontario legislature nearly 16 years ago.
It is called Kevin and Jared's Law, named after boys from our region who died after court ordered visits with their fathers.
Kevin was 18 months old when he fell out a window while his father was passed out drunk. He became the youngest quadriplegic ever cared for at McMaster Children's Hospital.
Kevin died, months later, as a result of his injuries.
Jared was eight when he was stabbed by his dad, who then took Jared's mother hostage at knifepoint until police killed him.
Like Jennifer, Kevin and Jared's moms fought for a law in their sons' honour.
In 2006, Kevin and Jared's Law, under the Child and Family Services Act, made a coroner's inquest mandatory whenever a child's death meets three criteria: it occurs as the result of a court ordered visit with a parent; there is a supervision order or when a court varied the order to grant the access or to make it no longer subject to supervision"; and when the child subsequently died as a result of a criminal act committed by a parent or family member who had custody or charge of the child."
The Office of the Chief Coroner says since Kevin and Jared's Law passed, no inquests have been held under that law.
Since Keira's death has not been ruled a homicide, Kevin and Jared's Law may not apply, despite all other criteria being met. It remains unclear if the outcome of the DVDRC review could change that by determining this was a result of domestic violence.
The coroner's office says the investigation into Keira Brown's death is still ongoing and a decision for an inquest has not yet been made."
Jaffe, an expert witness in Jared's inquest, says the criteria to invoke Kevin and Jared's law is extremely narrow. Keira's Law is simpler.
He hopes it will become a useful tool to prevent more deaths in the future.
Susan Clairmont is a justice columnist at The Spectator. sclairmont@thespec.com