Lawsuits say foster children ripped off
Kelowna social worker alleged to have stolen cash meant for care of 2 teens, possibly dozens more
Two lawsuits allege some of the most vulnerable children in the Okanagan were exploited and ripped off for years by the B.C. social worker paid to look after them.
Both actions name Kelowna social worker Robert Riley Saunders, alleging he opened joint bank accounts with the Indigenous youths and stole the funds deposited by the Ministry of Children and Family Development to cover their expenses. The lawsuits allege Saunders transferred the money to his own account and paid his bills directly by electronic transfer.
The actions single out two permanent wards but allege Saunders used similar tactics to profit from dozens of other children in his care, most of them Indigenous, or failed to provide adequate support, care or guardianship. They also name B.C.’s Ministry of Children and Family Development and director of child welfare, and the bank that set up the accounts.
None of the allegations have been proven in court and no statements of defence have been filed. Saunders, who has been fired, couldn’t be reached for comment Wednesday. Children and Family Development Minister Katrine Conroy said she couldn’t speak about the case, citing a publication ban.
“This is really frustrating for me too,” Conroy said. “Our priority is for the youth that may have been involved in this, and that’s what we’re focusing on.”
Jason Gratl, the lawyer for one of the plaintiffs, a girl, has filed for a proposed class action. He suspects as many as 90 individuals ages 15 to 19 who lost money they were entitled to for food, shelter and clothes could be eligible to join the suit if it’s accepted.
At least one of them was starving, filthy and pregnant, The Daily Courier has learned. Gratl believes the alleged fraud was detected early this year.
“It’s been ongoing for at least four years but possibly as long as a decade,” he said in an interview Wednesday. “I estimate between $20,000 to $50,000 (was siphoned from) each individual claimant. That’s an estimate extrapolated only from a small data set.”
The second plaintiff is now a young adult living in the Okanagan and has “aged out” of the ministry’s protection. He was an at-risk youth who was homeless for a time because an estimated $47,000 to $50,000 meant for his rent, counselling and other expenses was stolen from his account over several years, said his lawyer, Michael Patterson.
“The ministry is (now) providing him with support. He’s trying to get his life back together. He’s enrolled in school, he’s doing the best he can to get himself stable, but he needs (psychological) support.”
The Daily Courier is not naming either plaintiff.
The B.C. Supreme Court notices of claim allege Saunders moved the two teenagers from stable homes so they were eligible for financial benefits from the ministry, then opened the joint bank accounts and began harvesting the funds. They allege Saunders misled the youths about the purpose of the joint accounts and dictated where they would live, their access to relatives, services and financial help, and their connection to their cultural heritage.
Saunders was allegedly verbally and emotionally abusive to the plaintiffs and derided their families. They were exploited by predators because their living situations were unstable, the statements say.
He sought out Indigenous high-risk youth because he knew his supervisors and the financial institution wouldn’t “look too closely at their affairs,” one statement says.
“Saunders knew that if Aboriginal high-risk youth complained about him, his supervisors . . . would likely not listen to them.”
The director of child welfare is alleged to have failed to review Saunders’ files properly to ensure he carried out his duties appropriately. The ministry lacked the systems needed to detect and prevent the misappropriation of funds. Once the misconduct was discovered, the director failed to move quickly to stop him, prolonging the damage, the statements say.
“Saunders’ actions and the province’s failure to inform and respond to the situation in a timely way are reprehensible and outrageous,” says one statement.
The bank helped Saunders by having the children sign forms opening the joint accounts, but staff never told them the accounts were joined with Saunders, the suits allege.
“(The bank) knew that Saunders was a government employee with a fixed salary and that the funds entering into his personal account were irregular and that his transactions patterns were irregular,” the statement says.
The lawsuits are asking for aggravated and punitive damages, the tracing of all funds allegedly taken and costs.
The proposed class action was filed on behalf of the province’s public guardian and trustee, who acts as the girl’s guardian. A judge must certify the lawsuit as a class action before it moves forward.