Dayhome operator ordered to trial in toddler’s death
The operator of an unlicenced southwest Calgary dayhome has been ordered to stand trial in connection with the death of a toddler under her care.
Provincial court Judge Mark Tyndale on Thursday agreed with Crown prosecutor Pam McCluskey that there was sufficient evidence to commit Elmarie Simons to stand trial on a charge of criminal negligence causing death.
Defence counsel Alain Hepner did not oppose his client’s committal based on the low threshold test for such an order.
Hepner earlier asked Tyndale to impose a publication ban on the evidence called by McCluskey.
The prosecutor called two witnesses at an abbreviated preliminary inquiry, which was originally set to last two days, but was cut down to a single day.
Simons was charged last August, in connection with the November, 2015, death of 18-month-old Ceira Lynn McGrath.
Police were called to a residence in the 0 to 100 block of Silverado Ridge S.W. about 1:30 p.m. on Nov. 12, 2015, for a little girl who wasn’t breathing.
The child was taken to South Health Campus in critical condition and was later pronounced dead.
The homicide unit launched an investigation and ultimately a criminal charge was laid.
The cause of death has not been released.
“We believe the infant went into medical distress after being left unattended in a car seat (somewhere within the residence) for a prolonged period of time,” Staff Sgt. Doug Andrus said at the time, although he would not say how long the child was left unattended, nor whether she was strapped in.
When asked why there was a delay in laying charges, Andrus said the anatomy of a child is different than that of an adult and there are different tests conducted in the event of a child’s death.
Simons, who is free on bail, returns to court May 19, when a trial date could be set.