Adrian Angidlik says she only had the chance to spend a handful of days with her daughter, Kennedy, before she died Jan. 6, 2024.

Twelve-year-old Kennedy was one of two young people who died while under the care of the Naja Isabelle group home in Chesterfield Inlet, Nunavut. 

Adrian and Kennedy’s father, John Tatty Jr., have now filed a lawsuit against Nunavut’s health and family services departments, as well as the Pimakslirvik Corporation which operated the group home under contract until March 2024, claiming negligence in Kennedy’s care. 

“I don’t want it happening to other families around Nunavut that have children with disabilities,” Angidlik said. 

Kennedy was placed in the group home at the age of two. She had cerebral palsy and required significant medical attention, and the Naja Isabelle Group Home was a facility for children and adults under the age of 40 with specialized needs. 

According to a statement of claim filed last month, Kennedy suffered persistent pain and medical distress for a prolonged period before she received medical attention in December 2023. 

When she did get treatment, the parents allege the defendants did it without “lawful authority” and “recklessly” without Kennedy’s or her parents’ informed consent. 

 A third-party review  contracted by the Department of Family Services after the deaths found major deficiencies in medical care, staffing and record-keeping at the home. The report states in one example, it found nurses were reusing single-use syringes. In another, a staff member gave the wrong medication to a child. 

Angidlik worries that may have been the case with Kennedy.

In a statement to CBC News, a spokesperson for the Nunavut government says it cannot comment on details in the lawsuit with the case now before the courts. 

“The departments of Family Services and Health remain committed to the safety and well-being of children and youth in care, and we continue to work closely with our partners to strengthen oversight, improve practices, and ensure high‑quality care across all facilities.”

Marc Ippiak, the former CEO of Pimakslirvik Corporation, did not respond to requests for comment. The company’s website no longer works , though it is listed on Nunavut Tunngavik Inc.’s Inuit Firm Registry database , and it’s not clear if the company still operates.

The defendants have yet to file a statement of defence, and none of the allegations have been proven in court.

Allegations of medical decisions made without consent

According to the statement of claim, Kennedy was admitted to the health centre in Chesterfield Inlet in December 2023, where it was determined she required further treatment. 

She was flown to Rankin Inlet, Nunavut, awaiting transfer to a hospital in Winnipeg. Kennedy’s condition deteriorated in Rankin Inlet, and she entered a six-day coma. She never made it to Winnipeg. 

Angidlik said she wasn’t informed about any of this until after Kennedy arrived in Rankin Inlet. She said she initially got regular updates about her child, but those stopped amidst staff turnover at the facility and Family Services.

The statement of claim alleges that Angidlik requested she be involved in making decisions about Kennedy getting further treatment in Winnipeg, but she was told Kennedy would be accompanied by a social worker, not a family member.

“These ‘decisions’ were solicited without proper consultation, information or support,” the document reads. 

Adrian said she and Kennedy’s father did eventually have a say in those decisions, but by then it was too late. 

No communication in investigations

According to the statement of claim, the coroner’s office ruled Kennedy’s death a result of “complications from ileus,” a condition where normal muscle contractions in the intestines stop, potentially leading to bowel obstructions.

Alongside the Nunavut government’s third-party review, Nunavut RCMP also launched its own investigation, which determined there was no criminal wrongdoing. 

Nevertheless, Andrew Morrison believes the case should still be heard in front of a civil jury. He’s the lawyer representing Kennedy’s parents. 

“In the criminal world, it’s a bit of a higher standard that they have zero doubt that this person did this. In the civil world it’s on a balance of probabilities, [for example] is it more likely that this person breached or this institution breached their duty of care,” he said. 

The statement of claim argues the third-party review contracted by the Nunavut government was negligent, and failed to include Kennedy’s parents. 

Morrison says he’s got more questions than answers from those investigations, and he has been trying to get more information – including the RCMP investigation report which he still hasn’t received. 

“When you think about children… [the most] vulnerable sector of our society, when there’s harm that’s taking place, you would imagine that there would be a strong, fulsome, quite transparent process,” Morrison said. 

Claims for damages

Kennedy’s parents are seeking a list of damages.

For the Pimakslirvik Corporation, they include failures in medical care, inappropriate interventions without informed parental consent, staffing and training.

For the Nunavut government, they include a lack of supervision and audits, a failure to act on a review when one was initiated in 2021, a failure to seek informed parental consent, and breaches in ensuring there was timely and appropriate medical care.

They also allege the Nunavut government failed to act on critical recommendations made by the Auditor General of Canada about oversight of residential childcare facilities. 

“As a direct result of the defendants’ negligent acts and omissions, Kennedy died painfully, pre-maturely and without family support,” the statement reads. 

Legal reparations aside, Angidlik said there’s one thing that could give her some sense of closure.

“I would just like an apology for what happened and for them to not have this happen again to any Nunavummiut.”