Vancouver Sun

Kids' rep threatens ex-staffer who spoke about boy's death

- SARAH GROCHOWSKI With files from Canadian Press sgrochowsk­i@postmedia.com

A former employee of B.C.'S representa­tive for children and youth is being threatened with legal action for speaking out about the 2018 death of a six-year-old Indigenous boy in Port Alberni, her lawyer says.

Jason Gratl says his client, Jody Bauche, is legally protected to speak about matters of Dontay Patrick Lucas' death, as any oath of confidenti­ality she took as part of her public service job is “overridden by the public importance and life and death importance for children in custody.”

Bauche was an investigat­ive analyst for Jennifer Charleswor­th, B.C.'S representa­tive for children and youth. Bauche conducted a review into the death of Lucas, who died from blunt force trauma to the brain after he was transferre­d out of foster care back into the home of his mother Rykel Frank, 28, and stepfather Mitchell Frank, 29.

The transfer was overseen by Usma Nuu-chah-nulth Family and Child Services, an Indigenous child welfare agency recognized by the Ministry of Children and Family Developmen­t.

In May 2022, the Franks were charged with first-degree murder. The pair pleaded guilty to manslaught­er last November and are to be sentenced in mid-may.

Bauche received a letter sent on behalf of Charleswor­th in early February, claiming she had “engaged in the unauthoriz­ed disclosure of confidenti­al informatio­n obtained in the course of (her) employment, in direct violation of your oath of confidenti­ality, your contractua­l obligation­s.”

Bauche told the Victoria Times Colonist about the case for a story in December 2023. In that story, she urged Charleswor­th to conduct a full investigat­ion into Lucas's death. Charleswor­th had previously decided against it, citing reasons including the potential harm and trauma it could cause the child's family and community and the amount of time that had passed since the death.

“We had this informatio­n and we brought it forward and nothing happened,” Bauche told the Times Colonist. “I wanted the representa­tive to do far more on this file. Why does the office exist if you're not going to change anything?”

Bauche also told the Times Colonist that the daycare Lucas attended before his death reported to the Usma Nuu-chah-nulth Family and Child Services that the boy had bruises on his face, arms and back.

The written correspond­ence from Charleswor­th's legal representa­tive, Mark Underhill of the Arvay Finlay law firm, alleges that Bauche violated her job's oath of confidenti­ality.

“Please consider this letter as a demand to immediatel­y cease and desist from any further disclosure, use, or disseminat­ion of any confidenti­al informatio­n obtained in the course of your employment,” the letter reads.

When asked Friday what informatio­n Charleswor­th says Bauche leaked, B.C.'S representa­tive for children and youth issued a statement claiming: “A former employee of my office unlawfully disclosed confidenti­al informatio­n, including the identity of an entity which provided a critically important report to our office, to a reporter of the Times Colonist.”

Gratl has written in response, claiming that his client Bauche “has not violated her oath of confidenti­ality or breached any contractua­l or ethical obligation.”

He told Postmedia “even if it was notionally breached,” the oath has no legal bearing because of B.C.'S Protection of Public Participat­ion Act, which protects people who make criticisms on matters of public interest from lawsuits intended to intimidate or silence them.

“The demand letter is an illegitima­te attempt to limit Ms. Bauche's right to free expression, restrict public awareness, and restrain public debate about the death of Dontay Lucas,” reads Gratl's correspond­ence to Underhill.

“It is beneath an independen­t officer of the legislatur­e to make threats to litigate without having any intention to litigate. Not only is this legal bullying, it is legal bullying funded by the public purse.”

 ?? AMANDA WATTS ?? Dontay Patrick Lucas was killed in 2018 after being taken out of foster care and returned to his mother and stepfather's home.
AMANDA WATTS Dontay Patrick Lucas was killed in 2018 after being taken out of foster care and returned to his mother and stepfather's home.

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