The mother of Jocelynn Firlotte-Lowe and other family members are suing the child’s father — who is currently facing a manslaughter charge in relation to her 2023 death — and Children’s Aid for failing to ensure her safety
The family of a 13-year-old Sault Ste. Marie girl who died of a drug overdose has launched a $3-million civil suit against those who allegedly played a role in her death.
A statement of claim filed in Ontario Superior Court last month lists the father of Jocelynn Firlotte-Lowe, the owner of the property where she died, and the Children’s Aid Society of Algoma as defendants in the suit.
The plaintiffs — Firlotte-Lowe’s mother, Sarah Lowe, along with her maternal grandmother and aunt — claim that all of the defendants were negligent in their responsibility to ensure the young girl’s safety.
The allegations have not been proven in court and statements of defence have yet to be filed.
Firlotte-Lowe was found unresponsive when police attended a multi-unit residence in the 300 block of Albert St. W. on the evening of Sept. 4, 2023 for a welfare check on a child.
Police administered naloxone and attempted CPR, however when paramedics arrived they confirmed the 13-year-old girl had died.
On March 5, detectives with Sault Ste. Marie Police Service located and arrested Firlotte-Lowe’s father, 42-year-old Paul Firlotte, who was charged with manslaughter and held in custody pending a bail hearing.
None of the allegations have been tested in court and Firlotte is considered innocent until proven guilty.
Members of Firlotte-Lowe’s family claim the defendants named in the suit failed the 13-year-old, whose cause of death was attributed to fentanyl, methamphetamine and bromazolam intoxication.
Her mother is now going public with the story of losing her daughter, in hopes that it will show people the system that was supposed to care for her is broken.
“This was a preventable situation, and I think it should be brought to people’s knowledge,” Lowe told SooToday.
“It’s destroyed me.”
Court documents reveal that an intake was opened by the Children’s Aid Society of Algoma in 2022 as a result of Firlotte-Lowe running away from home and the difficulties Lowe was experiencing in parenting her only child.
The child welfare agency proceeded to launch an investigation into the matter.
“The CAS was advised Jocelynn was experimenting with illicit drugs, running away from home, hanging around older children in their teens including a 16-year-old male whose father was providing Jocelynn with drugs, and missing school,” the court documents said.
CAS eventually determined that a safety intervention plan was not required and the 13-year-old was not a child in need of protection — despite the agency considering the family as “high risk” in its own assessment.
The plaintiffs allege that CAS denied the mother’s requests for respite care and for Firlotte-Lowe to be taken into the agency’s care when the case was re-opened in June 2023.
Other family members were unable to assist in taking the child amid a “high level of parent-child conflict.”
“Despite these ongoing issues, the CAS specifically advised [Lowe] foster care was not an option for a child like Jocelynn, while at the same time acknowledging she did need to be removed from the home and there were protection concerns,” according to court documents.
On Sept. 1, 2023, Firlotte-Lowe ended up running away to her father’s residence on Albert Street West.
The young girl refused to come home, despite multiple attempts by her mother and grandmother.
On the afternoon of Sept. 2, 2023, Firlotte answered the door when Lowe and her partner came to his place to drop off medication for the 13-year-old.
The plaintiffs allege that both Firlotte-Lowe and her father appeared to be intoxicated by alcohol or drugs when they answered the door.
Her mother then proceeded to call both police and CAS to report what she had experienced. It’s alleged that neither CAS nor the police responded to Lowe’s reports — although police apparently responded to a call for a wellness check placed by Firlotte’s sister afterwards.
Police later advised Firlotte’s sister that a wellness check was completed that day, and the girl was deemed safe.
Firlotte-Lowe did not respond to several messages from family, urging her to come home.
On the afternoon of Sept. 4, 2023, Lowe asked police to conduct another wellness check. That evening, the girl’s grandmother received a panicked phone call from Firlotte’s sister, indicating that first responders were at Firlotte’s home, and no one was answering the door.
Lowe immediately called police. She was advised that officers were attending, and they would call her back.
“However, the police attended [Lowe]’s home that night to advise Jocelynn had been found dead in Firlotte’s home,” the court documents said.
“Firlotte had left the home before police arrived.”
Court documents show that drug paraphernalia was present throughout Firlotte’s home when the coroner attended the scene. The case was then referred to Child and Youth Death Review and Analysis because the child was under the supervision of the CAS at the time of her death.
The plaintiffs allege that Firlotte-Lowe had been staying at a “drug house” when she died.
They also allege that CAS has yet to file a child death report and a serious occurrence report following the girl’s death.
Members of Firlotte-Lowe’s family are now claiming millions of dollars in damages for “serious psychological and emotional injuries” incurred due to the negligence of all three defendants.
Lowe told SooToday that she hasn’t been able to return to work since her daughter’s death. She had previously worked as a personal support worker for the past 11 years doing private home care, but said she just can’t bring herself to go back.
“I love my job. I love taking care of people — but now I feel like, I couldn’t even save my daughter,” she said.
Firlotte is currently in custody at the Algoma Treatment and Remand Centre and could not be reached for comment.
The owner of the property where Firlotte-Lowe died hung up on SooToday when reached by telephone on Wednesday.
CAS executive director Tracy Willoughby also declined to comment, as the matter is before the courts.
Lowe feels her daughter’s death is the symptom of a much larger problem affecting society.
“All these systems are broken, and it’s not enough anymore to say they’re broken,” she said.
“They’re broken, but how are we going to fix it? And I think Jocelynn’s story coming to light might bring more awareness.
“I want younger kids to know Jocelynn’s story. I want them to know that there are resources out there. I want parents that are having issues with their kids to know there are resources out there,” she said.
“But you have to fight and fight and fight for them — and don’t take no for an answer.”