The ex-husband of an Edmonton soldier who tried to kill their children eight years ago has filed a $11-million lawsuit against the federal justice department and military over how the investigation into the situation was handled.
Nobody in the family can be identified because of a publication ban protecting the children as underage victims of crime.
The mother was found guilty of three counts of attempted murder in February, after the court determined she deliberately set fire to her home at Canadian Forces Base (CFB) Edmonton on July 20, 2015.
The Crown argued the mother was motivated to kill herself and the kids because she did not want to comply the court order giving custody to her ex-husband.
According to court proceedings and a statement of claim, the kids were supposed to be at summer camp at the time while their father was deployed to help fight wildfires in Saskatchewan in July 2015, but the mother pulled them out, took them to West Edmonton Mall for a day of fun before starting the fire at their military housing home the following day.
A statement of claim filed in federal court on March 24, 2023 alleges military police failed to investigate adequately despite repeated concerns being raised before and after the fire.
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None of the claim has been proven in court.
The father is seeking $1 million from the federal government, for damages arising from its “breach of statutory and common law duties.”
He is also suing both the Department of National Defence (DND) and the Canadian Armed Forces (CAF) for $5 million for what he claims was a negligent investigation undertaken by the Military Police Service and the Canadian Armed Forces Investigation Service into the attempted murder of the children and arson.
The Edmonton man is also seeking $5 million in punitive and/or exemplary damages, as well as special damages to be determined for future medical and out-of-pocket expenses, along with interest and legal expenses.
The father said years of investigations, questioning, court appearances and testimony have been tough on his kids — especially his sons, who the defence tried to blame for starting the fire.
In the statement of claim, father argues it shouldn’t have taken so long for his ex-wife to be arrested and said the military police and investigation service failed to act, despite him approaching them several times asking for an investigation into the attempted murders.
During the trial, the court heard that initial military police investigations in 2015 and 2016 didn’t result in any charges.
The lawsuit alleges the father filed a complaint with the Canadian Forces Provost Marshall regarding the investigation, but it was closed on Dec. 11, 2017, and a letter suggested the complaint was unwarranted.
In February 2018, the father hired a lawyer to help him pursue private prosecution for attempted murder.
That summer, the mother was denied unsupervised access to her children by the family court, which determined “she was a risk to the children from the attempts on their lives and the subsequent psychological and emotional trauma of continued exposure to their mother who had tried to kill them.”
The lawsuit said military police and the investigative service continued to ignore these facts.
In October of that year, the father received the insurance company’s fire investigation report after filing a civil claim to have it released.
The lawsuit pleads that the father provided the Co-operators insurance company report — saying the fire was deliberately set with accelerants — to the military, but no action was taken to reopen the investigation.
It wasn’t until the legal case was launched in 2018 that military police and investigators began looking into the case again the following year, that charges were laid in September 2019.
In the time in between the fire at the Edmonton Garrison and the arrest, the father said he struggled and fought for his children’s safety, trying to prevent their mother from being alone with them.
In early 2020, the father was granted full decision-making and custody of his three children and the mother was denied any direct access to the kids — in person, written or otherwise.
On Feb. 24, 2023, the mother was convicted on all the charges.
The lawsuit alleges the father and children have suffered sustained mental and emotional trauma and the after-effects continue.
It said their entire lives changed because of the lack of investigation and conduct of the Canadian Armed Forces over the years between the fire and today.
It also says the father’s career ended early in 2015 because of the situation.
“(The father) will never be able to fully realize the career he had earned through this devoted and diligent service to his country, including but not limited to the loss of salary and pension entitlements,” the statement of claim said.
The lawsuit also noted the father incurred significant legal costs in his push for a criminal conviction and in his efforts to look after his children’s physical, psychological and emotional wellbeing.
The lawsuit said since the conviction two months ago, the department of defence and military have not taken any action to remedy the situation or compensate the family for the pain they endured the past nearly eight years.
The father is seeking the case be tried in Edmonton.
A statement of defence has not been submitted.
The Department of National Defence said because the matter is subject to litigation, it would be inappropriate for it to comment.
It also said the father’s release from the Canadian Armed Forces is still being processed.
The mother remains under house arrest until her sentencing hearing. A date has not been set for it.
PORT ALBERNI, B.C. – RCMP say the body of a second person has been found inside their vehicle after a road washed away amid pouring rain on the west coast of Vancouver Island.
Police say two vehicles went into the Sarita River when Bamfield Road washed out on Saturday as an atmospheric river hammered southern B.C.
The body of the other driver was found Sunday.
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The B.C. Greens say Sonia Furstenau will be staying on as party leader, despite losing her seat in the legislature in Saturday’s provincial election.
The party says in a statement that its two newly elected MLAs, Jeremy Valeriote and Rob Botterell, support Furstenau’s leadership as they “navigate the prospect of having the balance of power in the legislature.”
Neither the NDP led by Premier David Eby nor the B.C. Conservatives led by John Rustad secured a majority in the election, with two recounts set to take place from Oct. 26 to 28.
Eby says in a news conference that while the election outcome is uncertain, it’s “very likely” that the NDP would need the support of others to pass legislation.
He says he reached out to Furstenau on election night to congratulate her on the Greens’ showing.
But he says the Green party has told the NDP they are “not ready yet” for a conversation about a minority government deal.
The Conservatives went from taking less than two per cent of the vote in 2020 to being elected or leading in 45 ridings, two short of a majority and only one behind the NDP.
This report by The Canadian Press was first published Oct. 22, 2024.
The Canadian Press. All rights reserved.
Toronto FC captain Jonathan Osorio is making a difference, 4,175 kilometres away from home.
The 32-year-old Canadian international midfielder, whose parents hail from Colombia, has been working with the Canadian Colombian Children’s Organization, a charity whose goal is to help disadvantaged youth in the South American country.
Osorio has worked behind the scenes, with no fanfare.
Until now, with his benevolence resulting in becoming Toronto FC’s nominee for the Audi Goals Drive Progress Impact Award, which honours an MLS player “who showed outstanding dedication to charitable efforts and serving the community” during the 2024 season.”
Other nominees include Vancouver Whitecaps midfielder Sebastian Berhalter and CF Montreal goalkeeper Jonathan Sirois.
The winner will be announced in late November.
The Canadian Colombian Children’s Organization (CCCO) is run entirely by volunteers like Monica Figueredo and Claudia Soler. Founded in 1991, it received charitable status in 2005.
The charity currently has four projects on the go: two in Medellin and one each in Armenia and Barranquilla.
They include a school, a home for young girls whose parents are addicted to drugs, after-school and weekend programs for children in a disadvantaged neighbourhood, and nutrition and education help for underprivileged youth.
The organization heard about Osorio and was put in contact with him via an intermediary, which led to a lunch meeting. Osorio did his due diligence and soon got back to the charity with his decision.
“It was something that I wanted to be a part of right away,” said Osorio, whose lone regret is that he didn’t get involved sooner.
“I’m fortunate now that to help more now that I could have back then,” he added. “The timing actually worked out for everybody. For the last three years I have donated to their cause and we’ve built a couple of (football) fields in different cities over there in the schools.”
His father visited one of the sites in Armenia close to his hometown.
“He said it was amazing, the kids, how grateful they are to be able to play on any pitch, really,” said Osorio. “But to be playing on a new pitch, they’re just so grateful and so humble.
“It really makes it worth it being part of this organization.”
The collaboration has also made Osorio take stock.
“We’re very fortunate here in Canada, I think, for the most part. Kids get to go to school and have a roof over their head and things like that. In Colombia, it’s not really the same case. My father and his family grew up in tough conditions, so giving back is like giving back to my father.”
Osorio’s help has been a godsend to the charity.
“We were so surprised with how willing he was,” said Soler.
The TFC skipper has helped pay for a football field in Armenia as well as an ambitious sports complex under construction in Barranquilla.
“It’s been great for them,” Figueredo said of the pitch in Armenia. “Because when they go to school, now they have a proper place to train.”
Osorio has also sent videos encouraging the kids to stay active — as well as shipping soccer balls and signed jerseys their way.
“They know more about Jonathan than the other players in Colombia,” Figueredo said. “That’s the funny part. Even though he’s far away, they’ve connected with him.”
“They feel that they have a future, that they can do more,” she added. “Seeing that was really, really great.”
The kids also followed Osorio through the 2022 World Cup and this summer’s Copa America.
Back home, Osorio has also attended the charity’s annual golf tournament, helping raise funds.
A Toronto native, he has long donated four tickets for every TFC home game to the Hospital for Sick Children.
Vancouver’s Berhalter was nominated for his involvement in the Whitecaps’ partnership with B.C. Children’s Hospital while Montreal’s Sirois was chosen for his work with the Montreal Impact Foundation.
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This report by The Canadian Press was first published Oct. 21, 2024.
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