Conditional discharge for mother

Mother who left child in freezing vehicle has made remarkable changes in her life

A25-year-old mother who left her child in a freezing SUV while she drank at a nearby bar has received a conditional discharge. The sentence means the woman, who can’t be named under a court-ordered publication ban, won’t serve any jail time, not even house arrest, which was recommended by the Crown.

The young mother was sentenced Wednesday in Lethbridge provincial court, where Judge Gerald DeBow agreed with defence lawyer Darcy Shurtz that the unique circumstances of the case warranted a lesser sentence, despite the serious charge.

The woman pleaded guilty in October to one count of failing to provide the necessaries of life and admitted she left her three-year-old daughter in the vehicle the previous December in -18 C degree weather. After police found her and a 31year-old woman drinking together in a bar, she said she had forgotten the child was in the vehicle.

Court was told during the October hearing that a civilian phoned police about 11:25 p.m. Dec. 15, 2016 after he heard a baby crying in a locked SUV that was turned off and parked in the 200 block of 5 Street South.

Police smashed a window and rescued the little girl who, Crown prosecutor Erin Olsen said, was cold to the touch, but ultimately determined to be OK.

During a search of the vehicle shortly afterward, police found a second child, a quiet four-year-old boy who was curled up in a ball and shivering under a pile of jackets. Although both children were wearing winter jackets, it was snowing and bitterly cold outside.

Olsen recommended Wednesday a conditional sentence of three to six months with house arrest and probation. She said the risk of harm to the child was significant and her actions warranted a stern response from the court.

However, Olsen also pointed out the woman had made remarkable changes in her life since she was charged, and her child has been returned to her care. “It really is quite unusual,” Olsen said. Shurtz told court his client, who was abandoned by her own mother multiple times, suffered from domestic violence and substance abuse for much of her life. She was never shown or taught how to be a good parent, and in fact became one herself when she was only 16 years old. She now has two children.

But she never used her tragic circumstances to excuse her behaviour that cold December night, and accepts full responsibility for her actions, Shurtz explained.

He said the woman is “extremely remorseful,” and acknowledges the potential harm that could have come to her child. But since the incident she has turned her life around, participated in numerous programs and counselling sessions, and abstained from alcohol and drugs. Perhaps most significant, Alberta Family Services no longer has concerns about her ability to care for her children, and has closed the file.

Shurtz reminded court the progress she has made in the past year and her goal to become a dental hygienist could be impacted by a criminal record. He also suggested

she has paid for her actions by not having her daughter for a year.

Judge DeBow acknowledged the circumstances of the case that led to the serious charge and potential harm to the child. But he also agreed the woman’s personal circumstances and the positive reports provided by various authorities, as well as her ongoing counselling, suggest a conditional sentence is appropriate and not contrary to public interest.

As part of her probation, the woman must live at an approved residence, abstain from alcohol and drugs, continue taking counselling as directed, and not possess any firearms or other weapons. She must also avoid contact with another woman charged in connection with the same incident.

That woman previously pleaded not guilty to one count of failing to provide the necessaries of life, and is scheduled for a one-day trial April 30.

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