Gage Guimond's aunt shouldn't be jailed

Gage Guimond's aunt shouldn't be jailed

Family and friends of two-year-old Gage Guimond certainly have the right to lash out at Judge Lee Ann Martin’s decision Tuesday that his great aunt Shirley Guimond will not go to jail after the child died while in her custody.

They’ve lost a child. No punishment in the world is going to be tough enough for them.

Gage and his three-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Shirley Guimond’s care in June 2007. Just one month later Gage was placed in a backless high chair adjacent to the basement stairs while Shirley Guimond took three other children to the washroom. When she returned Gage had fallen down the stairs and was critically injured. She called 911 immediately but Gage died a few days later.

Shirley Guimond pleaded guilty last November to failing to provide the necessaries of life.

The judge ruled Tuesday she will serve an 18-month conditional sentence in the community. This includes an absolute curfew for the first year and a 10 p.m. to 6 a.m. curfew for the remaining six months. Her sentence is to be followed by three years of supervised probation.

A child died so it’s a serious case. Guimond is paying for it. She got time just not in a jail or prison. The Crown and defence both agreed on the length of the sentence but citing precedents in other cases, the Crown argued she should go back to jail. She’s already served time for an assault causing bodily harm charge.

But is throwing her in jail again the proper penalty considering the facts of the case?

Clearly it’s not.

Consider this case last year.

Young mother Michelle Camire, 27, momentarily “lost it” and angrily threw her three-month-old into a padded bassinet, fracturing his skull. She pleaded guilty to manslaughter and got the same sentence. Camire’s actions were far more serious than Guimond’s and yet she got the same punishment. That alone is proof enough.

At Shirley Guimond’s sentencing hearing in April her lawyer argued this was a “momentary lapse, not a lengthy one.” He also argued the child welfare system should be on trial with her.

He said the CFS had “foisted” little Gage on to his great aunt for “political” reasons.

He’s right. She tried to return he and his sister but CFS wouldn’t remove them so the province must share a good deal of the blame for this boy’s death.

We must be cautious not to let our hearts, instead of our heads, take over in this unfortunate case. A woman made a grave error and a child fell down a flight of steps.

A lengthy jail term is inappropriate for this series of events.

I completely agree. Jail time would serve no purpose for this woman. This was a mistake which could happen to anybody. Her actions after the accident, show that she is a caring person as she called 911 and tried to revive the child. Jail should always be a last resort and should be reserved for those who pose a real danger to society. This woman does not fit that criteria. Therefore, I completely agree with a conditional sentence and probation.

The CFS system put Gage in harm`s way

The system put Gage in harm`s way

The last tragic note of Gage Guimond's short life has sounded.

His great-aunt, Shirley Guimond, was handed an 18-month conditional sentence for her role in the toddler's death Tuesday morning. She faces an additional three years of probation. Guimond pleaded guilty to failing to provide the necessities of life.

Last November, Guimond also pleaded guilty to assault cause bodily harm for injuries both Gage and his sister sustained from her slapping and punching them. Then, a judge said Guimond would do no further time in jail for the assault charge, giving her double credit for 68 days she'd already spent behind bars.

So, in essence, Guimond's official punishment will be shorter than Gage's life. That's some irony, isn't it?

I've said all along that Guimond shouldn't have been the only one facing judgment. She knocked the stuffing out of Gage and his sister, to be sure. She was responsible for causing the little boy's death and the battery of the girl. She was given children to care for and plain didn't.

But it's the child welfare system that merrily handed a pair of innocents to this stranger. She didn't want them. Neither did the drunken granny they first tried to saddle with the kids. Their mother was incapable of taking care of them. The only people who wanted them were their foster family, a great bunch who provided them with the first stability they had known.

In its great wisdom, the Southern CFS Authority wrenched those children from the foster home. They wanted to "reunite" them with family, kin who would allegedly provide them with appropriate cultural supports. That's why they first foisted them off on granny and then on Shirley Guimond, who has a criminal record.

When Guimond made two desperate phone calls to CFS begging for help dealing with the children she was ignored. She shouldn't have been the only one on trial.

After the boy was buried, the Southern Authority issued a report on his death. Appallingly, they called him "a warrior for change," somehow making it sound as though this wee one had volunteered to be sacrificed.

"Death is an evolutionary process of the natural world and of the universe," the preamble read. "Death is the balance to life; the two evolutionary processes keep the universe intact. The natural composition of evolution of death and life and as good as it is will have unnatural occurrences or causes; it is the way of the universe."

Death may be natural but Gage Guimond's sure wasn't. He was killed, first by the neglect of an aunt who didn't want him and next by a child welfare system that put cultural reunification ahead of a child's safety. It sets my teeth on edge that the Southern Authority has never acknowledged its role in the death.

Natasha Guimond, Gage's mother, stood outside the Law Courts yesterday morning, condemning a system that led to her son's death. She's a little late to this party, it's true, and in an ideal world would have been capable of raising her two babies. But she wasn't and didn't and that doesn't mean she's not still mourning.

"I obviously wanted Shirley locked up," she said.

"Who in their right mind puts a high chair at the top of the stairs? Why did my kids have all those bruises? Where's the workers who placed Gage with Shirley?"

Natasha Guimond gets to see her surviving child once every three months and then only under supervision. The little girl was returned to her foster family after Gage was killed. She gripes because she sees her daughter in a controlled setting "with broken toys."

She's lucky to see the girl at all. That supervision is to belatedly provide safety and precarious security to the child.

As much or as little sympathy as you have for the birth mother, she's not the one on trial. Shirley Guimond was and skated away. The child welfare system should have been put on trial, too, from the first social worker who decided to take the children from their foster home to the agency that produces lengthy reports but can't guarantee the safety of the children in its care.

Gage didn't have to die. It was the system that placed him in harm's way.

Conditional sentence disappoints premier

PREMIER Greg Selinger says he's "disappointed" with the conditional sentence handed to Shirley Guimond for her role in the death of her great-nephew, Gage.

The NDP government faced a barrage of Opposition questions Tuesday about the court decision and whether or not child and family service agencies are continuing to remove kids from good homes and put them into unsafe ones.

"This decision that was made by the courts is one that we're obviously disappointed in," Selinger said in the legislature. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case..."

Justice Minister Andrew Swan said the Crown's office will carefully review the 14-page decision. "If the Crown believes there is appropriate reasons for an appeal (of the sentence) then I will support them going ahead and doing that appeal," he said.

Conservative Leader Hugh McFadyen said Gage Guimond's death was the result of the NDP's "rushed, careless, reckless approach to devolution" of child and family services.

McFadyen said while the government passed legislation two years ago making a child's safety the paramount concern in placement decisions, it's critical that CFS follow through on that. "We're not satisfied that has happened to date," he said.

I agree that aboriginal children should be placed in aboriginal homes, in order to maintain traditions and culture, but those homes and potential parents must be deemed fit to care for the child and they must be willing. The home needs to offer love and understanding. I believe that traditional aboriginal teachings need to be maintained throughout the generations. But a child also needs love, care, nurture and growth. Children should not be placed in homes which are dysfunctional and unable to care for them. There has to be more culturally appropriate, functional, happy, loving, and safe aboriginal foster families and homes.

Jail for this woman would not have been appropriate. I believe only the most dangerous individuals who pose a risk to society should be imprisoned. Jail should be a last resort, not over-relied upon. Jail would have negatively impacted this woman, as she has suffered from abuse herself in the past. A conditional sentence is completely appropriate. She made a mistake which could happen to anybody. 

Yes that is true but sorry it shouldn't be CFS. CFS is not in the business of taking children away from their birth Moms for the fun of it. There was a reason that these kids was taken away from their birth Mother. I really want to know what she was doing that cause CFS to investigate her in the 1st place.

You see her on the news saying how it is everyone's fault that her son has died. It is a horrible thing that happened to Gage who didn't get much of a chance to experience the joys of life, but I think Natasha needs to look into the mirror and in herself. See what she could have done differently so she wouldn't have been in a position to have CFS even investigating her in the 1st place.

This is something that every person who had a child taken away or is being investigated by CFS needs to do. Raise your kids the way they should be raised so CFS doesn't have to be concerned.

Wouldn't it be great that these parents actually took the proper responsibilities and raised their children, so no one would need to be having concerns for the child’s well being because the children are being well taken care of by them.

It would be great if this happened and we heard a news conference saying that CFS will now be closed as we are no longer needed!

In the end it is the ones who are having the kids who should be ultimately responsible for them, not CFS and not foster famlies!!

Yes the mother is partly to blame definitely. However, it is a lot easier to change CFS regulations then it is to change a human being or a large group of human beings. It would be fantastic if all parents were responsible, but even in the best of communities that's never going to happen. This child is dead because CFS put him back with other family members. The mother is not as much to blame because had he been kept with his foster family he would be alive and well. So yes we should be trying to reduce the need for children to be taken away, but most important of all is that when these children need to be taken away from the situation, they need to have a loving home to go to, and they need to stay there. That will be the fastest and most effective way to stop this from happening over and over.

Guimond gets conditional sentence for failing to provide the necessities of life

Guimond gets house arrest in nephew`s death

Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.

Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled this morning.

The sentence includes an absolute curfew for the first year and a 10 p.m. curfew for the remaining six months. Guimond's sentence is to be followed by three years supervised probation.

Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessities of life.

Gage and his three-year-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Guimond's care in June 2007. In the weeks prior to Gage's death, Guimond -- who was also caring for her 13-year-old grandson -- repeatedly assaulted the two young children.

Guimond pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.

At a sentencing hearing last April, Guimond's lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.

"She was not out there asking to be a foster parent," Simmonds said. "CFS came to her. Her position was she was clearly not prepared for that task."

Simmonds alleged CFS removed the children from the home of loving foster parents and placed them in Guimond's care for "political" reasons.

"This is not an isolated incident from their perspective," he said.

On the day Gage was fatally injured, Guimond had been out shopping with the three children and needed to use the washroom when they got back home. She placed the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.

Guimond called 911 and Gage was rushed to hospital where he died several days later.

Aunt sentenced in death of toddler

A judge has sentenced a Winnipeg woman to 18 months of house arrest for her role in the death of her two-year-old great nephew.
Shirley Guimond was convicted of failing to provide the necessities of life to Gage Guimond, who died in July 2007 after falling down a flight of stairs.
The toddler had been in the care of Child and Family Services for more than a year after his birth mother voluntarily gave him up.
He initially lived with his grandmother and then with a foster family before being placed in the home of Guimond, a distant relative, six weeks before his death.
Guimond pleaded guilty in November 2009 to failing to provide the necessities of life.
'God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system.'—Natasha Guimond, Gage Guimond's mother
Gage's mother is outraged that Guimond will not spend any time behind bars.
"It's just saying that it's OK to kill an innocent child because they can't be here to defend themselves," Natasha Guimond said as she cried outside court.
"God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system."

Boy routinely beaten
Sentencing submissions were heard in April. During that time, court was told Guimond frequently slapped, punched and kicked Gage.
Court also heard that in July 2007, Guimond put the boy on a chair near the top of some stairs after coming home from a shopping trip and running to the bathroom. The toddler fell down the stairs, hit his head, went into a coma and later died in hospital.
His death sparked anger in the community after an internal review found that child welfare workers did not properly assess Guimond's home.
Gage and another child were placed with his great-aunt in the summer of 2007, despite the fact that she had a criminal record and did not ask to take care of the children.
Guimond was previously convicted of assault causing bodily harm for hitting the child and was sentenced last fall to time served after spending 68 days in custody. Tuesday's sentence was on one count of failing to provide the necessities of life and focused only on the fall that killed Gage.

Pressured into taking foster kids
At the April sentencing hearing, Guimond's lawyer Saul Simmonds told court the Manitoba child-welfare system should be "in the box" along with his client, referring to the prisoner's box where the accused sits in court.
He suggested she was pressured into accepting the kids and that the system strives to keep aboriginal foster children with relatives or in aboriginal homes — even if those homes are not safe.

Shirley Guimond had suffered physical and sexual abuse since she was eight years old, Simmonds said, and was in no position to take up foster care. She had "borderline intellectual capacity," according to a medical expert.
Simmonds asked for 18 months of house arrest for Guimond.
The Crown was seeking a two-year jail sentence, but provincial court Judge Lee Ann Martin on Tuesday called Guimond's actions "bad judgment in a moment of haste."
Guimond did call 911, the judge noted, and tried to resuscitate the toddler.
"She has also accepted responsibility for his death and expressed her remorse," Martin said.
Guimond will also have three years of supervised probation and is prohibited from owning a weapon for five years.

Case helped change to foster care
Gage's death was one of several cases that raised questions about the Manitoba government's move to hand over care of aboriginal foster children to native-run regional authorities.
Critics said too much emphasis was placed on cultural concerns at the expense of safety.
The controversy prompted the NDP government in 2008 to change its legislation to specify that a child's safety is given higher priority than cultural or family ties.
Gage's death followed the high-profile case of Phoenix Sinclair, a five-year-old girl who spent most of her life in foster care and was killed after child welfare workers returned her to her mother.
Samantha Kematch and her boyfriend were convicted of murdering the girl in the basement of their home on the Fisher River reserve north of Winnipeg following months of abuse and neglect.

Guimond`s aunt given conditional sentence
Shirley Guimond, the woman charged in connection with the death of her two-year-old great-nephew, was handed an 18-month conditional sentence today for failing to provide the necessities of life. She will also serve three years of probation.
Gage Guimond died in July, 2007 after being placed in Guimond's care. His death allegedly came after he was placed in a high chair at the top of a flight of stairs and he tumbled down.
Gage and his sister had been removed from a loving foster home, placed with a grandmother who didn't want them, and finally given to Shirley Guimond. She had never previously met the children. In the course of their stay, she made at least two desperate calls to CFS, asking for help.
Premier Greg Selinger says he is disappointed with the 18-month conditional sentence handed today to Shirley Guimond in the death of her great-nephew, Gage.
Selinger expressed the sentiment in the legislature in response to a question by Conservative Leader Hugh McFadyen, who asked the premier if he agreed that a little boy’s life was more valuable than what was reflected in the judge’s sentence.
"This decision that was made by the courts is one that we’re obviously disappointed in," Selinger said. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case, and of course the Crown will be taking this decision under review and deciding what next steps they wish to take."
Last November, Shirley Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister suffered. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down the stairs in July 2007.
A judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.
Her sentence today was for two counts of failing to provide the necessities of life.
Gage's death was one of several that prompted demands for change in Manitoba's troubled child welfare system. The province devolved authority to aboriginal agencies in 2003, with a focus on keeping aboriginal kids, who make up the vast majority of those in care, with either relatives or in homes with an aboriginal culture.
After Gage's death, Family Services Miniwster Gord McIntosh said the safety of children should be paramount.

It was poor judgment -- no more jail time for woman in toddler`s death
Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.
Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled Tuesday.
The sentence includes an absolute curfew for the first year and a 10 p.m. to 6 a.m. curfew for the remaining six months. Guimond’s sentence is to be followed by three years of supervised probation.
The Crown and defence jointly recommended Guimond be sentenced to two years less a day. Guimond’s sentence is in addition to three months she has served at double credit.
Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessaries of life.
“It is apparent ... there are many individuals who are saddened and dismayed by Gage’s death and the circumstances leading up to it,” Martin wrote in a 14-page decision. “There are no words ... that can change what happened and bring Gage back.
“This court can only comment on the profound senselessness of it all. To lose a young boy who was described as such a likeable and loving child is truly devastating.”
Gage and his three-year-old sister were in the custody of Sagkeeng Child and Family Services before they were placed in Guimond’s care in June 2007. In the weeks prior to Gage’s death, Guimond, who was also caring for her 13-year-old grandson, repeatedly assaulted the two young children.
She pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.
At a sentencing hearing last April, Guimond’s lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.
“She was not out there asking to be a foster parent,” Simmonds said. “CFS came to her. Her position was she was clearly not prepared for that task.”
Guimond “reluctantly” agreed to care for the children but was asking CFS to take them back after two weeks, Simmonds said.
On the day Gage was fatally injured, Guimond was shopping with the three children and needed to use the washroom when they got back home. She put the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.
Guimond called 911 and Gage was rushed to hospital where he died several days later.
“These facts ... are quite frankly facts indicative of poor judgment in a moment of haste,” Martin said.
Martin said Guimond’s assaults on Gage were not a factor in his death.
“Though there had been instances of ‘over-correction’ in the month preceding this incident, the ‘over-correction’ did not lead to Gage’s death and in fact is not related to it,” he said.
When asked in question period Tuesday whether the Crown might appeal the sentence, Premier Greg Selinger said his government did not agree with the judge’s decision.
“This decision that was made by the courts is one we were obviously disappointed in,” Selinger said, adding the Crown is now reviewing the decision in order to decide whether to appeal.

I completely agree with a conditional sentence and probation. This woman should also receive abuse counseling and participate in emotion management programs. The death was unintentional and she called 911 and tried to revive the child, which demonstrates her caring nature. This woman is not dangerous or violent and therefore, jail would not be warranted. It would not have helped her in any way and she would have likely been negatively influenced by prison. This was a mistake which could happen to anybody. This woman had suffered from physical and sexual abuse as a child and that can often to chemical imbalances in the brain. Many people who abuse others, have been abused themselves as children. People who have been abused themselves, should not be in prison. That will likely only worsen their condition and mental state. Guimond`s biological mother was upset about what happened, but she could have very well taken care of her own child. We need to fix the CFS system and do more background checks on potential foster parents to be sure the home environment is safe. I agree though, that aboriginal children should have aboriginal foster parents, to maintain their culture and traditions but the parents need to be deemed "fit" to care for foster children. If the mother was not able to look after her own child, she should not be complaining when something bad happens. The CFS agency, the worker and the mother are to blame. This mother should have accepted responsibility for her own child. CFS should have never placed the child in Shirley`s care, because she clearly did not want to care for more children, yet they forced it upon her.    

Sentencing date set for Guimond

Strangers took care of baby while father's addiction took hold of him

Strangers cared more for baby than dad

Cheryl Collins has seen a lot in her years at the St. Regis Hotel. Nothing prepared her for the discovery of a nine-month-old baby abandoned in a room, left behind by a father who valued alcohol more than the life of his child.

"When I first saw her, I really misjudged her age," says Collins, the hotel manager. "I thought she was younger. But she was crawling around. That's terrible. The fact that she rolled off the bed and crawled around the room... I hate to think what could have happened."

On Thursday, the child's father was sentenced to 10 months in jail after pleading guilty to a charge of failing to provide the necessities of life. He has been in custody for three months. With a double-time credit of six months, he's only got another four months to go.

Staff at the St. Regis called Child and Family Services and the police when they discovered the baby. A guest heard frantic crying and alerted the front desk.

Her father, before he got blotto and forgot he had a child, gathered the bedding into a makeshift crib. It was a poor substitute for a real baby bed and no match for a child who could crawl.

A bottle of formula that had turned a pale green was found in the room.

The father was missing for an estimated 16 hours. He says he went outside for a smoke, ran into someone who gave him a drink and somehow ended up in the North End, drinking until he passed out.

His excuse in court?

"I didn't have a father figure to teach me right from wrong," he told the judge. "I get stressed and frustrated and I give up. I should have stayed with my daughter at all times."

Cry me a freaking river.

The guest who called the front desk saved her. By the time hotel staff were notified, the child's diaper was overflowing. She had a severe rash. She had fallen off the bed and crawled her way to the door.

When security arrived to open the door, the female guest scooped up the wailing baby.

She changed her with a diaper found in the room. Staff took the rancid bottle, sterilized it and gave the child fresh milk.

The strangers acted in place of the parent she didn't have.

"There were a bunch of staff who were holding her, giving her a bottle," says Collins.

The child quickly needed another diaper change. A female employee took care of that, using a diaper the hotel keeps in its emergency stash.

A staff member in the gift shop took a turn holding the baby, followed by a waitress and then a female cook.

They cradled and coddled the wee one until the authorities arrived.

The dad showed up shortly after that, having belatedly remembered where he was staying and that he had a baby with him.

"I was sitting in the gift shop, he walked in, the police and family services walked him back out," says a doorman.

Cheryl Collins has two adult children and she's fostering a four-year-old nephew. She is still bewildered by the father's actions.

"He didn't beat her but he sure neglected her," she says. "You just can't imagine. They're just so helpless. To not change their diaper, to leave them, you just can't understand why anything would be more important than your baby."

Most of us can't understand why anyone would choose to drink until they pass out. We can't understand why a parent would make a choice -- and it is a choice -- between caring for a vulnerable child and giving in to one more drink and all the drinks that came after.

The dad says he didn't have a father figure himself? Tough. Even someone raised by wolves would know you don't leave a baby alone in a hotel room, not for 10 minutes and not for 16 hours. This man doesn't deserve to raise children. He's got another four months to think about that.

Let's hope that's enough time.

This father clearly cared enough for his daughter to take her from Thompson to Winnipeg for a doctor's appointment. Unfortunately, his addiction got the better of him. Four months in prison, sitting in a cell, is not going to reform this father's behaviour or his thinking. Prison is a negative environment which fails at encouraging or facilitating rehabilitation or reform. This man is not a danger to society and should therefore, not be in prison. He's there for too short a time to even enroll in any programs that may help him. He should have been given only 3 years of probation, with substance abuse programs and parenting programs. This man needs help, not prison time. Being overly punitive will offer no solutions and is simply revenge. Alcohol abuse is a symptom of deeper issues within a person's life and we need to address those. 

I dont understand how jail will help this man at all. It also doesn't help the child. This man should have his child returned to him, once he improves himself and gets his life in order. Judges need to consider the least restrictive options for sentences and prison will not accomplish anything for this man. A community sanction would accomplish more, as it offers more effective substance abuse programs. Prisons are the schools of crime and being in prison could cause him to be a better criminal, risk of being victimized and it drains resources for someone who doesn't need to be there.  

Man sentenced to jail for leaving infant alone while drinking

Man sent to jail for leaving infant alone while drinking

A Thompson man who left his nine-month-old baby girl alone in a hotel room for 13 hours while he was out drinking has been sentenced to 10 months in jail.

Peter Kanabee, 31, pleaded guilty to one count of failing to provide the necessaries of life.

"This was the biggest mistake I ever did," Kanabee told court Thursday. "I have no excuse... I should have stayed with my daughter at all times."

Court heard Kanabee brought his daughter to Winnipeg last February for a medical appointment. Kanabee arrived at the St. Regis Hotel sometime after 9 p.m., dropped his daughter off in their third floor room and was out the door a short time later, said Crown attorney Terry McComb.

McComb said Kanabee went outside for a cigarette where he met a male acquaintance with a bottle of booze.

When Kanabee returned drunk to the hotel lobby, staff told him he would have to stay in his room or leave the hotel. Kanabee left the hotel without telling staff about the baby in his room.

McComb said Kanabee ended up at a Redwood Avenue house party where he drank nearly a dozen beer and passed out.

Hotel staff discovered the crying baby at 11 a.m. and called police. The baby had not been fed or had a drink for at least half a day and had a severe diaper rash.

Kanabee returned to the hotel at 2 p.m. and was placed under arrest.

The child is now in the care of Child and Family Services.

The baby was "not even a toddler who could knock on a door or yell for help," McComb said. "There is just no ability to trust this individual with children... It's the most egregious act of neglect."

Kanabee never intended to abandon his child, said defence lawyer Rod Brecht.

"He thought he could get away for an hour or two, have a few drinks and get back to the hotel," Brecht said. "Certainly there is no legal excuse for this... dereliction of his parental responsibilities."

Judge Ted Lismer sentenced Kanabee to an additional three years supervised probation and ordered that he have no unsupervised contact with children under 16 years of age.

Dad who left baby to go drinking gets 10 months 

A Manitoba father who abandoned his infant daughter in a downtown Winnipeg hotel room for 16 hours to go and drink at a house party has been sentenced to 10 months in jail.
Peter Kanabee, 31, pleaded guilty Thursday to a single charge of failing to provide the necessaries of life.

'There's just no ability to trust this individual with children.'—Crown attorney Terry McComb

The Crown stayed charges of criminal negligence causing bodily harm and child abandonment.
Court heard that on Feb 11, Kanabee came to the city by overnight bus from Thompson with his nine-month-old daughter so she could attend a medical appointment.
According to the Crown, the pair checked into the St. Regis hotel at about 10 p.m. CT, but by 11 p.m. Kanabee had left his daughter on the floor of the room to go outside for a cigarette.
He met up with a friend outside who offered him liquor. He once tried to return to the hotel but was removed by security for being intoxicated. Without saying anything to guards about the baby in his room, he left and went to a house party in the North End where he drank 10 beers and passed out, Crown attorney Terry McComb said.
Kanabee returned to the hotel at 2 p.m. the next day and was immediately arrested by police who had been called there by staff because of the abandoned baby.
He has been behind bars ever since, after being denied bail a few days after his arrest.

Infant's screams alert staff

The terrified infant was discovered prior to Kanabee's return after guests overheard its frantic screams for attention at 11 a.m.
Staff opened the door of the room and found the baby on the floor behind the door. She was suffering from extreme diaper rash and was taken to a local hospital for treatment.
Police were called and took charge of the situation. After finding Kanabee's photo and ID in his knapsack, they waited for him to return.
He initially told them that he had tried to get back in the hotel three times, but surveillance footage showed he only came back once, McComb said.
McComb asked Judge Ted Lismer to sentence Kanabee to four more months in jail, saying the defenceless infant was completely dependent on him to look out for her welfare.
"She was not even a toddler that could knock on the door or yell for help," McComb said. "His absence relates to his own selfish interest."

'Severe danger'

Kanabee was granted two-for-one credit for the three months he spent in jail before pleading guilty. He was charged just a week prior to a law taking effect that eliminates the time-served credit for remanded prisoners.
Lismer also granted a Crown request that Kanabee serve three years of probation after his release, with special conditions limiting his contact with minors.
"There's just no ability to trust this individual with children," McComb said.

'I get stressed and frustrated and I give up.'—Peter Kanabee

Kanabee has suffered with an alcohol problem for more than a decade, his lawyer said.
He had every intention of going back to the hotel, but the liquor got the better of him.
He passed out and had trouble finding his way back downtown, Rod Brecht said, adding that Kanabee is extremely remorseful.
"Certainly it was a dereliction of his parental responsibility," Brecht said.
Lismer chided Kanabee for putting the girl in "severe danger," saying that it was possible the baby could have been seriously hurt or even died.
In a rambling address to the court, Kanabee promised he was trying to change his life and deal with his addiction issues.
"I didn't have a father figure to teach me right from wrong," he said. "I get stressed and frustrated and I give up.
"I should have stayed with my daughter at all times," he said.
"I'm very sorry, especially to my baby daughter," Kanabee added.

Father jailed after abadoning baby to go drinking
A "SELFISH" father has pleaded guilty to leaving his nine-month-old daughter alone in a downtown Winnipeg hotel room for nearly 16 hours while he drank, partied and passed out.
The 31-year-old -- who can't be named under the Child and Family Services Act because it would identify the child -- was given a 10-month jail sentence Thursday under a joint recommendation from Crown and defence lawyers. He admitted to a charge of failing to provide the necessities of life.
"I didn't have a father figure to teach me right from wrong," the man told provincial court Judge Theodore Lismer. "I get stressed and frustrated and I give up. I should have stayed with my daughter at all times."
The man and his daughter live in Thompson but had come to Winnipeg for a medical appointment. They checked into the St. Regis Hotel on Main Street around 10 p.m. and the father left the room about an hour later. He originally went outside to have a cigarette, but claims he met a friend who offered him some alcohol. The pair then went to a house party in the North End, where he drank at least 10 beers and passed out.
The father returned to the hotel around 2 p.m. the following day and was greeted by waiting police officers. Staff at the hotel had found the child about 10:30 a.m. after a guest reported the sound of crying.

By the headline saying that he "abandoned his baby to go drinking" implies that it was a conscious choice. When you have an addiction, it can overcome you and it is no longer a conscious choice. It's all you think about. Also, this article is biased as it says "the selfish father." An addicted father is not selfish. The article fails to mention that this father has been struggling with an addiction for years, or any other mitigating factors and statements by the defence.  

I completely disagree with 10 months of prison. I dont see what the purpose would be, as I dont feel he is a danger to society and therefore, should not be imprisoned. I agree with his lawyer, that he did not intend to abandon his child, but a small amount of alcohol left his memory and judgment impaired, where he neglected his parental responsibilities and got caught up in continuous drinking. I do believe he made a mistake. The article makes no mention of any prior record, therefore, I dont believe he should be imprisoned. I dont believe prison will have any positive effect on helping him to understand his actions and the consequences and it is not a meaningful sentence. Being far from his family and friends will be a serious deprivation for this man.

I would have imposed 3 years of probation with conditions that he not have any contact unsupervised with children under 16 (and his child), that he participate in a substance abuse program and a positive parenting program. I feel that once he has made steps towards improving himself and his parenting, he should be able to have his child returned. He should also be allowed to return to his home community of Thompson where he could be supervised by a probation officer there, so he is closer to family and friends. He should also be allowed to have supervised visits with his daughter. I understand that he is extremely remorseful and takes responsibility for his actions. 

Prison does not offer effective substance abuse programs and therefore, will not be of any benefit to this man. He should not have been sentenced to prison at all. This man suffers from alcoholism and should have been helped. Being overly punitive will not solve any problems and is no solution. Alcohol abuse is a symptom of deeper problems in a person's life and he should also be provided with counselling. Maybe he grew up in an neglectful or abusive childhood environment. We need to address these issues to prevent further crime. Addicts dont stop being addicts by being sent to prison for crimes they committed while intoxicated. Prison is over-relied on when resources should be used at getting to the root of the problem. Substance dependence is a mental disorder and this man needs assistance not prison. This man obviously has a sense of responsibility and cares for his child as he took her to Winnipeg for a medical appointment. It doesnt sound as if he was neglectful usually. His daughter should be returned to him once he gets his life under control and combats his alcohol problem. He is more of a danger to himself than society.

I don't think that father should have received prison time. Clearly, he
has a serious alcohol addiction which needs to be addressed. He got
caught up in his addiction and unintentionally neglected his parental
responsibilities. Being overly punitive is no solution. Alcohol abuse
is a symptom of deeper problems within a person's life which need to be
addressed, I believe. :)

This man will not be in prison long enough to enroll in any substance abuse programs offered. Therefore, he will basically sit in cell, doing nothing. How is that helping him.. when he could be in the community doing something productive and taking control of his life? If rehabilitation is the goal, which it clearly should be with an addict, then community treatment programs have been proven far more successful and effective, not prison. 

 

Sentencing date set for woman charged with failing to provide the necessities of life

Guimond sentence due May 12th

Shirley Guimond, 55, will find out her fate on May 12 for failing to provide the necessities of life in the death of her young nephew Gage.

On Wednesday afternoon the judge reserved her decision after hearing submissions. A final sentencing date will be set next month.

Guimond pleaded guilty in November 2009 to one charge of assault causing bodily harm involving two-year-old Gage -- her great-nephew -- and his three-year-old sister and was sentenced to time served for that offence.

Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was previously charged with manslaughter but later pleaded guilty to one count of failing to provide the necessities of life.

On Wednesday, the Crown asked for two years in jail, minus credit for six months served. The defence, however, asked for an 18-month conditional sentence.

 

Both lawyers agreed Guimond should serve an additional three years supervised probation.

Court heard both children had been in the custody of Sagkeeng Child and Family Services when they were placed in Guimond's care in June 2007. In the weeks prior to Gage's death, Guimond repeatedly assaulted both children.

In a statement to police, Guimond said she "was having trouble with the children acting up and would slap them, punch them about the body, and on at least one occasion, kicked them in the buttocks," Crown attorney Tony Kavanagh told court.

Defence lawyer Saul Simmonds said Guimond was overwhelmed by the responsibility of caring for the two children as well as her 13-year-old grandson.

"It was clear at her age ... the stress of dealing with three children in the home caused her far more tension and stress than she was able to deal with," Simmonds said.

I wish this article had stated more mitigating factors and the defence lawyer's argument instead of simply the Crown. I completely agree with a conditional sentence for this woman. I do not think prison is necessary as she does not appear to be a danger to society or a high risk to re-offend. It was a mistake and I do not believe it was intentional.

Judge reserves sentence for death of 2 year old Gage Guimond

A judge reserved a sentencing decision Wednesday afternoon for the death of two-year-old Gage Guimond in 2007.

Last November, Gage's great aunt, Shirley Guimond, pleaded guilty to a charge of failing to provide the necessities of life.

In July 2007, Gage died after falling down a flight of stairs at a home on Magnus Avenue. Gage was placed through Child and Family Services in the care of his great aunt at the time.

The defence came down hard on CFS at the hearing Wednesday.

"Why in the world is Shirley Guimond sitting alone in this box when in my view the system, CFS, has a greater sense of responsibility than Mrs. Guimond," said Saul Simmonds, defence lawyer.

Simmonds said CFS took Gage out of care from another foster family to place the boy with Shirley.

Gage's family agreed in part with some of the criticisms of CFS but said Shirley Guimond is ultimately responsible for the boy's death.

"She could have said no to CFS," said Natasha Guimond, Gage's biological mother.

Shirley offered a statement in court Wednesday.

"I'm sorry for (what) happened. I have to live with this for the rest of my life. I wish it never happened at all. That's all I have to say," said Shirley.

Victim impact statements were read out in court Wednesday from Gage's biological mother and former foster parents.

"I loved him as if he was my own. Now he is gone," said Gage's former foster father.

The maximum sentence in the case is five years. The Crown is asking for two years, less a day. The defence wants it served in the community. A new sentencing date has not yet been set.

System to blame in Guimond's death
Shirley Guimond shouldn’t be the only one sitting in the prisoner’s box awaiting sentencing in the death of her two-year-old great nephew Gage, a judge was told Wednesday.
“In my view, the system should be in this box with a greater deal of responsibility than Ms. Guimond,” said her lawyer Saul Simmonds.
Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessities of life.
Court heard Gage and his three-year-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Guimond’s care in June 2007. In the weeks prior to Gage’s death, Guimond — who was also caring for her 13-year-old grandson — repeatedly assaulted the two young children.
Guimond, 55, pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.
Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.
“She was not out there asking to be a foster parent,” Simmonds said. “CFS came to her. Her position was she was clearly not prepared for that task.”
Guimond “reluctantly” agreed to care for the children but was asking CFS to take them back after two weeks, Simmonds said.
“Her personality is such that if you pressure her she will cave,” he said. “Unfortunately, you don’t go to the weak to take in a child under those circumstances.”
Simmonds alleged CFS removed the children from the home of loving foster parents and placed them in Guimond’s care for “political” reasons.
“This is not an isolated incident from their perspective,” he said.
Simmonds also fired criticism at local media which he accused of grossly misrepresenting the facts of the case.
“(Guimond) was treated in custody like a leper ... tormented and tortured,” he said.
Court heard on the day Gage was fatally injured, Guimond had been out shopping with the three children and needed to use the washroom when they got back home. She placed the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.
Guimond called 911 and Gage was rushed to hospital where he died several days later.
Crown attorney Tony Kavanagh described the boy’s death as “shocking and avoidable” and urged Judge Lee Ann Martin to sentence Guimond to two years in jail.
The maximum sentence for failing to provide the necessities of life is five years in prison. Simmonds argued Guimond should serve an 18-month conditional sentence in the community.
“This is not one of those cases that cries out for more custody in a facility,” he said. “This is a momentary lapse, not a lengthy one.”
Natasha Guimond, Gage’s mother, told court her son’s death has “scarred her forever.”
“How could I allow him to go?” she cried, reading from a victim impact statement. “It wasn’t supposed to be forever. It has been a rough road without my son.”
Martin reserved her sentence. A final sentencing date will be set next month.

Judge delays sentencing in 2 year old's death
A judge has reserved a sentencing decision in the death of two-year-old Gage Guimond who died in the care of his great-aunt.
Last November, Shirley Caroline Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister sustained from slapping and punching. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down a set of stairs in July 2007.
Then, a judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.
Now a judge will decide the sentence she'll do for the second charge. Crown attorney Tony Kavanagh told Provincial Court Judge Lee Ann Martin on Wednesday that Guimond should do two years less a day in provincial jail, minus about six months time served, for a crime that was "senseless, avoidable and sad."
"We can't ignore that this was an offence against a young boy who was incapable of looking after himself," Kavanagh told the court.
Defence lawyer Saul Simmonds said Guimond should be able to serve a two-year sentence under house arrest.
Both lawyers said Guimond should also be given three years of supervised probation.
Martin reserved her decision.
The mother of the two-year-boy said Wednesday she's against house arrest for the woman. Natasha Guimond said 55-year-old Shirley Guimond should do time behind bars.
Only six weeks after Sagkeeng Child and Family Services agency had placed Gage and his sister at a Magnus Avenue foster home with a great-aunt they'd never met, emergency responders found Gage with serious head injuries and struggling to breathe.
Court heard Shirley Guimond had placed the boy on a chair next to stairs while she used a bathroom, and the boy tumbled over a plywood guard rail to the bottom.
She was originally charged with manslaughter.
"She admitted she beat my kids, she's just not admitting for killing my son because how can anyone admit that?" said Natasha Guimond, who wept on the steps of the courthouse.
Natasha Guimond's children went into CFS when she was 19 years old and struggling to care for them.
They then were placed with foster parents before CFS removed them and placed them with Shirley Guimond.
Simmonds said his client contacted CFS to tell them she could not handle caring for the kids in addition to another teenager already in her home, but help didn't come.
"Why in the world is Ms. Guimond alone in this box?" Simmonds asked.
After Gage fell, Shirley Guimond called 911 and tried to revive the boy but he eventually died of his injuries.
"I just want to say I'm sorry for what happened," she told court Wednesday.

No more jail time for tot's death
Where is sympathy for Gage?
All the evil done to Gage and no-one pays the price
No retribution for Gage's death
CFS should shoulder blame for child's death

This is such a sad story, but I do not think that this death was intentional on Guimond's part. She struggled caring for the children. She also called 911 herself and tried to revive the child, which shows caring actions, not callous actions. This act was not intentional and therefore I feel she should receive a conditional sentence. She is not dangerous, violent or high risk and should not be placed in prison, where she could be negatively influenced. It was a simple mistake and could happen to anyone. She put the child in the chair next to stairs while she ran to the washroom. She couldn't foresee in the future, that he may fall and ultimately die. She does not deserve to be punished. To me, this isn't even a criminal act! It's a mistake which could happen to anybody.    

Dead baby's dad 'not normal', court told

Dead baby's dad 'not normal', court told

Lawyer pushes for psychiatric tests after verdict

The actions of a father who performed hours of artificial respiration and used electrical wires to try to restart his daughter's heart should be reason enough for the court to call for a psychiatric assessment, his lawyer said Thursday.

What Jonathan Hope did four years ago after discovering his infant daughter's lifeless body raises questions about his mental functioning, Joan Blumer said. She applied to have the court call for testing to see if Hope should be found not criminally responsible.

Hope and his former wife, Lisa Guerin, were convicted of failing to provide the necessities of life, following a two-week trial earlier this month. The pair were acquitted of manslaughter and criminal negligence causing the death of their daughter, Summer Hope, on April 30, 2006.

The girl died after drinking a fatal dose of her father's methadone.

On Thursday, Blumer made an application to have her client found not criminally responsible for the crime by reason of a mental disorder.

Hope performed artificial respiration for hours, then pulled a plug from the wall and scraped the wires with a knife and applied them to his 16-month-old daughter's chest to revive her like he had seen on TV, Blumer said Thursday.

"That ought to cause the court concern," she told Court of Queen's Bench Justice Earl Wilson, adding it was "not normal behaviour."

Blumer said the evidence is not necessarily enough to warrant a finding that Hope is not criminally responsible, but should be adequate evidence for testing to be done.

Wilson's decision on the application could set a Canadian precedent.

Hope was initially found unfit to stand trial in the case, but that was changed following a later examination by a court-appointed psychiatrist.

Blumer said a psychiatrist treating Hope before the trial indicated Hope had disorganized thoughts, mood instability and "profound memory lapses."

A second psychiatrist said Hope had cognitive difficulties and antisocial personality traits.

During the application, however, the judge said he could not see any evidence of cognitive problems or memory lapses while watching two recordings of interviews between police and Hope. One of the videos was deemed inadmissible in the end.

Wilson said none of the police officers, paramedics, firefighters, nor the medical examiner, indicated that Hope had cognitive issues or a faulty memory.

Outside of court, Crown prosecutor Ken McCaffrey said even though Hope's behaviour the day his daughter died may have been peculiar, it doesn't mean he's not criminally responsible in Summer's death.

He added it is highly unusual that Blumer is making this application after a verdict. He said the Crown will argue the evidence has to be more compelling for the judge to agree with Blumer's application.

Generally, a lawyer makes a not-criminally-responsible defence during the trial and not after conviction, but Blumer noted the Criminal Code stipulates the application can be made at any point prior to sentencing.

The application hearing will continue on Monday.

Dad of overdose victim has mental health issues, lawyer argues
Spending hours trying to revive his dead baby, including an attempt to fashion a home-made defibrillator, is evidence a Calgary man has mental health issues, his lawyer said Thursday.
Defence counsel Joan Blumer said Jonathan Hope should be examined by a psychiatrist to determine if he was insane at the time he failed to properly care for his daughter.
Justice Earl Wilson questioned whether there was sufficient reason to believe Hope may have been not criminally responsible at the time of his daughter’s methadone overdose.
Wilson said he saw no indication of the “cognitive dysfunction” doctors who earlier tested Hope suggested may exist, in the evidence called at his trial.
But Blumer said her client’s reaction to discovering little Summer Hope unconscious and not breathing in their Southwood-area home was proof enough.
“This was a man who was apparently administering artificial respiration on a child for hours after she was deceased,” Blumer said.
“This is a man who pulls a plug out of the wall ... and applied that to the child,” she said.
“That in my view is not normal behaviour.”
Wilson convicted Hope and his former wife, Lisa Guerin, of failing to provide the necessaries of life after their 16-month-old daughter died April 29, 2006.
The dad told emergency responders he awoke the next day around 9 a.m. and desperately tried to revive her until he spoke to a relative four hours later, who then summoned medical help.
During the course of his attempt he cut an electrical cord from a lamp, stripped the ends and tried to shock his daughter back to life.
Blumer said a brain injury suffered by Hope years earlier may have impacted his ability to appreciate the consequences of his conduct.
“That lead him to the bizarre things (he did) after the death of his daughter,” she said of the earlier injury.
She said Wilson should send Hope for testing to determine his mental state at the time.
The judge will hear submissions from Crown prosecutor Ken McCaffrey, who is opposing the application, on Monday.

Calgary parents acquitted of manslaughter in infant's methadone death

Parents dodge manslaughter ruling in daughter's methadone death

Parents acquitted of manslaughter in tot's manslaughter death

They may have poor parenting skills, but the mother and father of a Calgary toddler who died of a methadone overdose aren’t killers, a judge ruled Friday.

Justice Earl Wilson said while Jonathan Hope and Lisa Guerin failed in their parental duties by not getting their daughter medical help, they did not know she would die.

If fact, Wilson said, Hope’s conduct once he found 16-month-old Summer Hope not breathing the next morning he acted as a loving father would.

“He panicked and he tried desperately and for hours to revive her and he failed,” the Court of Queen’s Bench judge said.

Wilson acquitted both Hope and Guerin of manslaughter and criminal negligence charges in the April 29, 2006, death of their little girl in their Southwood area home.

He did find both parents guilty of failing to provide the necessaries of life by not seeking medical intervention when the girl ingested a small, but deadly amount of methadone.

But Wilson said neither expected the tragic consequences of their parental inactions.

“Neither of these parents took any steps to obtain proper, or any, medical attention,” he said.

The judge ruled Summer took a sip from a coffee cup which contained methadone “backwash” from a dosage Hope took earlier in the day at a clinic.

Hope told police he drank the coffee to help wash down the taste of the drug and continued sipping it on his way home.

There was still liquid left in the cup when he arrived at the southwest basement suite he shared with Guerin and their two kids.

When he went to do some repairs on their car so Guerin could use it to drive to Rocky Mountain House for an exotic dancer job he placed the cup in their bedroom and closed the door.

Wilson accepted evidence from former cocaine addict Amanda MacDonald that when Hope returned he and Guerin argued about Summer drinking from the cup.

He said Hope failed in his parental duties by not doing anything to get the child medical care and Guerin was similarly negligent for not doing anything.

Before leaving, Guerin convinced Hope the child would be okay.

“Regardless of Guerin’s response, Hope was not incapable of doing something, anything, to get Summer to the hospital,” Wilson said.

Both parents remain in custody pending a sentencing date being set next Friday.

CALGARY- Summer Hope was too young to know that the drink she swallowed contained a fatal dose of methadone, but when she did, her parents should have done the responsible thing and taken the 16-month-old to the hospital.

But while Jonathan Hope and Lisa Guerin were irresponsible parents in not seeking medical attention, they are not guilty of manslaughter in the death of their little girl, a judge ruled Friday. Justice Earl Wilson also acquitted Hope and Guerin (also known as Lisa Hope) of criminal negligence causing death, saying there was no evidence either parent was aware that drinking the opiate, often used to treat addiction, could kill the little girl.

"The prudent parent seeks medical attention. No real willingness to do that was shown by either parent," Wilson told court. Instead, Wilson convicted each parent of a lesser charge of failing to provide the necessities of life -- a ruling that drew an angry reaction from the godfather of the little girl.

Terrance Lynn said he was disturbed by the verdict, calling it "ludicrous" neither was convicted on the criminal negligence charge.

"She doesn't get to have a life," Terrance Lynn, a longtime friend of Guerin, said of his dead goddaughter.

"Jail time would be a necessity in this case," he said outside court Friday after the verdict was handed down.

During the trial, expert witnesses said the little girl would need only have consumed as little as a teaspoon of the drug for it to be fatal.

But the judge said he doubts many are aware of how lethal methadone can be to those who have never taken opiates.

Wilson outlined the actions Hope, the father, took after discovering his daughter was not breathing on the morning of April 30, 2006 -- performing CPR for hours to try to revive her -- and pointed to things Hope told police about his children.

He was, Wilson said, "a loving parent. His statements breathe his love for his children."

For Guerin, Wilson was not satisfied she had a "reckless disregard" for Summer's health and safety. However, responsible parents would have gone to the hospital, even if they were unaware the methadone could be fatal to their child, he said.

Although evidence indicated Hope had pleaded with his then wife to take him and Summer to the hospital, she decided to continue to Rocky Mountain House where she and a friend had work as exotic dancers for the weekend and Guerin had plans to meet a boyfriend.

Even after Guerin left, Wilson pointed out that Hope "could have walked or hitchhiked to Rockyview Hospital."

During the two-week trial, the court heard medical intervention likely would have saved the little girl's life.

Neither of the accused appeared to react to the verdict.

Outside of court, however, Hope's family said they were relieved to hear the decision. "We feel he got a fair verdict," his cousin Corrine Vooys said. "He loved those kids. He wanted the best for them."

In giving his reasons for the conviction, Wilson said he did not believe Guerin's evidence when she took the stand in her own defence and said she had no knowledge her daughter had consumed methadone.

Prosecutor Ken McCaffrey said the Crown will seek "significant jail time." The maximum sentence for the conviction is five years.

Guerin's lawyer, Adriano Iovinelli, said he was pleased Guerin was acquitted of manslaughter, which carries a maximum sentence of life imprisonment. He will ask for her immediate release Friday when the lawyers and Wilson set a date for sentencing.

I completely agree with the acquittal of the two more serious charges. I don't believe these parents believed that their child would die and the father did try to revive her and perform CPR as soon as he discovered that she was not breathing. This shows his loving nature. Yes they should have taken her to the hospital and I agree with the conviction of failing to provide the necessities of life but they did not know she was going to die.