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Second mother sentenced for leaving child in freezing car

Aug 16, 2018 | 12:48 PM

LETHBRIDGE – A second woman who was arrested and charged after two young children were found in a freezing car in 2016 has received a Conditional Discharge.

The penalty comes with one year of probation, during which the 32-year-old Blood Tribe woman – who cannot be named to protect the identity of her child – must keep the peace and be of good behaviour, and take any counselling or treatment as recommended by her probation officer. If she follows those conditions, she will not receive a criminal record for the offence.

The Crown had been asking for a three-month Conditional Sentence Order (house-arrest), followed by nine to 12 months of probation.

The woman pleaded guilty to a charge of failing to provide the necessaries of life in April, one month after her 25-year-old co-accused also received a Conditional Discharge.

During sentencing, defence lawyer David Cavilla told the court that his client has been taking major steps to address factors in her life that contributed to her actions.

“Largely it involves cooperation, collaborating, continuing to be in conversation with the child welfare authorities – the people that she’s been working with – especially over the course of the last year since she’s had the child returned to her,” said Cavilla. “She’s had the child, as we mentioned in court, back in her care and custody for the last 12 months and things have been going well.”

Cavilla also stated that the health of the woman’s child played a significant part in her receiving the sentence they were hoping for.

“That factor, I think, is absolutely key, because as soon as you have some harm to the child in cases like this, the courts almost have to look at some form of a custodial disposition – be it house arrest or be it actual incarceration. So, in this case, the fact that neither of these children was harmed in really in any way – physically or medically – is huge in the disposition that was granted.”

While outlining his decision, Judge Gerald Debow referenced the woman’s pre-sentence report, that revealed she has struggled as a single mother to make ends meet, that she has been abused in numerous relationships throughout her life, that she has substance abuse issues, and suffers from cognitive challenges.

“Both these mothers took extensive steps in dealing with their problems,” said Debow, in explaining his decision to give her the same sentence as the other woman involved.

Facts of the case

Through an agreed statement of facts provided to the court, it was revealed that a civilian called the Lethbridge Police Service at 11:25 p.m. on Dec. 15, 2016, after hearing a baby crying in a locked and shut-off vehicle parked along the 200 block of 5 Street South. Officers arrived on scene immediately and smashed one of the front windows out of a white SUV after it was identified by the witness. Inside they found a three-year-old girl who was crying and cold to the touch.

After sending the girl to the Chinook Regional Hospital, police searched the vehicle and found a four-year-old boy curled up in a ball under a pile of jackets and shivering silently. Both were wearing winter coats.

Police noted that it was snowing that night and the temperature was -18 C.

A report prepared by a pediatric specialist stated that both children were suffering from mild or early hypothermia, but that neither sustained any long-term physical harm. While the author of the report couldn’t say how much longer the children would have lasted in the vehicle, it was noted that there was a risk of severe hypothermia, frostbite and even death.

During a search of the area, police found both women in a nearby bar where they were drinking. It was noted that their vehicle could not be seen from the bar.
The investigation – which included help from the bar – revealed that the woman had been there for about an hour.