Five years after toddler's brutal death, Northern Ont. family struggles to find peace, justice

Family struggles five years after toddler's death Five years after Oliver McCarthy's death, the toddler's North Bay-area family say they still haven't found peace or justice.

A North Bay family is struggling to find peace and justice as the five-year anniversary of the brutal death of toddler Oliver McCarthy approaches.

"Oliver was the sweetest, most gentle soul," his aunt, Jen McCarthy, recalled.

The McCarthy family’s world turned upside down on Jan. 15, 2020, when Ontario Provincial Police officers found the 22-month-old toddler dead in his East Ferris home.

OPP arrived the late evening and found Oliver's body on the living room floor. There were obvious signs that rigor mortis had set in.

The autopsy concluded Oliver died from blunt force trauma and a perforated bowel. The pathologist noted there was a previous injury to his bowel that healed, which supported the belief of previous trauma.

His mother, Nadine Melvaer, has been found guilty of manslaughter in Oliver's death. Her boyfriend, Tyler Campbell, was found guilty of failing to provide the necessaries of life.

But those criminal convictions haven't brought the family relief. Oliver's family said if it wasn’t for miscalculations, he would be alive today.

Court documents obtained by CTV News show that in November 2019, Oliver was taken to the North Bay Regional Health Centre and then to the Children's Hospital of Eastern Ontario in Ottawa for bruises on his body.

"We went to visit him and he would take my hair and he just like kept brushing the side of my face like this with it," Jen McCarthy said.

Fractured ribs

OPP and the Children’s Aid Society Nipissing and Parry Sound opened a child abuse investigation. CAS was told by doctors that Oliver sustained two fractured ribs consistent with blunt force trauma or squeezing. The CAS notified the police of the details.

While waiting for a final report before proceeding with their investigation, OPP said it was safe for Oliver to live with his mother, Nadine Melvaer, and his maternal grandparents in East Ferris, in accordance with the terms of an agreement with CAS.

He was not supposed to have any contact with Melvaer’s boyfriend Campbell, during the investigation.

However, police were unaware that the agreement wasn't being followed.

"In the joint submission, it was noted by two separate workers that Oliver was not well and they just left him there," Jen McCarthy said.

In a statement to CTV News, CAS said that while it can't comment on specific cases, the loss of a child is "an immeasurable tragedy."

"We recognize the gravity of this loss and its impact on all involved. Due to a legal obligation around confidentiality, the Society is not in a position to comment at this time," wrote CAS executive director Nancy Lafrance Rich.

Following a lengthy criminal investigation, Melvaer and Campbell were arrested in spring 2021.

In April of this year, Melvaer pled guilty to the manslaughter charge and Campbell pled guilty to a lesser charge of failing to provide necessaries of life.

Both are currently serving jail sentences -- Melvaer was sentenced to 6 1/2 years behind bars, while Campbell is serving three years less time served, followed by three years' probation.

Those sentences don't sit well with the family.

"For something that might feel like a little bit of closure and accountability, that didn't come," Jen McCarthy said.

Oliver’s maternal grandmother, Rhandi Melvaer, and his step-grandfather Wayne Smith were also arrested and are facing trial on charges of failing to provide necessaries of life.

Their case is still going through the pre-trial stage. The next court date is Dec. 13.

"At the end of the day, by the time we’ve spent, it’s been almost five years now since Oliver passed away," McCarthy said.

"We still don't have final trial dates for the two outstanding charges."

What’s worse for the McCarthy family is knowing Oliver, who had his whole life ahead of him, will never grow up by their side.