The widow of a Saskatchewan man who died after a vicious beating at his restaurant is suing the First Nation child services branch that had responsibility for one of his killers.

Cora Laich claims neglect from the Lac La Ronge Indian Band Child and Family Services led the 17-year-old boy to kill Laich's husband Simon Grant.

The Child and Family Services agency has described Laich's legal claim as being "replete with inflammatory and baseless allegations" and said it "constitutes an abuse of court process."

The agency said in court documents that it acted in "good faith" and in a manner consistent with its mandate to provide care and wellness services to children and families in the La Ronge area.

Laich said the teen only became angered at Grant because the child services agency failed to provide the teen with shelter.

The Claim is replete with inflammatory and baseless allegations, each of which are wholly without any evidentiary foundation. - Statement of defence, Lac La Ronge Indian Band Child and Family Services

The boy had been living in an apartment provided by Laich and Grant for eight months before the killing.

Grant was beaten with a baseball bat in an assault by three youths at the Louisiana's Bar-B-Que restaurant in La Ronge, Sask., in April 2017.

Laich said she considers the boy, who pleaded guilty to manslaughter along with the other two offenders, to be the "main planner" of the robbery. She and Grant had taken him in because he was living in a tent across the street from the restaurant.

She said the teen remained with them because the agency did not provide an alternate home.

"We tried from late November to December, 2016, until February 4, calling them, repeatedly saying, 'He needs a place to stay,'" said Laich.

"They did nothing about it."

'That started his rage'

In a statement of claim filed to the Court of Queen's Bench in April 2019, Laich claims the child services agency repeatedly failed to provide counselling for the teenager.

Laich said that when she and Grant asked the teen to leave the house because of "behavioural difficulties," the agency failed to provide any alternative housing.

She said the boy then became angry at Grant and started threatening him.

"He was mad at us, because we had now like, given him back to [the agency]. They weren't taking care of him. That started his rage, his wanting to make Simon pay for it," said Laich.

Laich also claims the agency was aware that the boy had been threatening to kill Grant because the RCMP had notified them.

Band agency 'vehemently' denies claims

The agency, in a statement of defence filed in November, "vehemently" denies it was warned about or made aware of any death threat against Grant.

It said it does not owe a duty of care to Laich and her daughter, in part because it was not reasonably foreseeable that the boy would kill or harm Simon Grant.

"Recognizing such a duty of care would expose the defendant to liability toward an unlimited class of persons, being any member of the public who might be harmed or have family members harmed by the actions of [the youth]."

It notes a provision in the provincial Child and Family Services Act that states childcare service agencies and their employees have immunity from prosecution providing they acted in good faith and within the limitations of the act, which the agency said it did.

The agency also said its work was consistent with comparable organizations and that it provided care based on the funding and resources that were available.

A memorial set up outside of Simon Grant's restaurant in La Ronge, Sask., in April, 2017. (Kandis Riese)

"The Defendant states that the Claim is replete with inflammatory and baseless allegations, each which are wholly without any evidentiary foundation," reads the statement of defence.

It said the claim should be dismissed.

The Lac La Ronge Indian Band Child and Family Services declined to comment for this story.

Simon Grant and his daughter, Candice Laich-Grant, in the final hours before his death. (Submitted by Cora Laich)

Laich said Grant had wanted to take legal action against the band agency before his death.

"I want to make it my goal to get the word out there that whatever system they're using right now, it isn't working. Children are not getting the money that they need, or the care, or the love, to be successful and to turn their lives around," said Laich.

"I'm doing this a lot in honour of Simon but also just for me and the precedent I want to set about how children in northern Saskatchewan and the system is failing them."

Laich is asking for $50,000 in damages for wrongful death, as well as special damages and economic loss in an amount to be proven at trial.

She said mediation between herself and the band will take place in early 2020. Further court proceedings will only take place if the mediation is unsuccessful.

Laich said she has no regrets about providing a home for the boy.

"If we wouldn't have done it we wouldn't be the people that we are," said Laich.

"Yes, Simon lost his life but hopefully there will be some change."