HomeUSADelay justified in accusing former daycare operator of assaulting babyOUS News

Delay justified in accusing former daycare operator of assaulting babyOUS News

A Winnipeg woman who was charged with causing serious head injuries to an infant at her unlicensed daycare has lost her bid to see her case thrown out of court as her fall trial draws near .

The woman argued that her case was taking too long to conclude under the deadline set by the Supreme Court of Canada a few years ago, which aimed to see cases through the system in a reasonable amount of time, as per the Charter of Rights of the People.

Winnipeg police on June 26, 2019 charged the woman, now age 40, with aggravated assault after a six-month-old boy was found in her unlicensed home daycare in October 2018 in serious medical distress.

Police had earlier said that the infant’s parents picked up the child, who was reportedly suffering from physical pain.

After the children were taken to the hospital, it was determined that the infant had suffered multiple severe head injuries as a result of a severe head injury, police said, adding that the effects of the injuries were expected to be lifelong.

Although admitting the woman’s court case was delayed more than the Supreme Court limit for better court cases of 30 months, Court of Queen’s Bench Justice Candace Grammond ruled that some of it was the woman’s own fault.

Other factors include “extraordinary circumstances” brought on by COVID-19 and staff changes at the Center for Child Protection (CPC) of Manitoba.

A medical agency official requested additional testing and reporting on the injured child, Grammond said, and that delay cannot be placed at the feet of prosecutors.

“I acknowledge that the position in which the Crown found itself relative to its adjournment request was a discrete event giving rise to an extraordinary situation, as there was a change of personnel in the position of Director at the CPC, and the new representative had took a different approach on this matter than his predecessor,” Grammond wrote in a decision released this week.

“The opinion and point of view taken by a new expert medical witness in this case was clearly unexpected, and could not have been properly treated,” the judge said.

Jordan, the Supreme Court ruled that superior court cases must be completed within a 30-month limit or the delay would be deemed unreasonable, unless the Crown can show that there were exceptional circumstances or that the case was unusual. was noticeably complicated. Defense delays do not count towards the ceiling.

The woman, who is currently representing herself, will face trial before a judge without a jury from September 26.

lost custody of son

The woman also recently lost a family court appeal as sole custody of her son was given to his father in an earlier trial.

In that case, there was said to be “substantial evidence” about the alleged daycare assault and, according to Judge Chris Menella, the judge who decided the case did not believe the woman’s account.

“He distrusted the defendant’s version of events in the light of expert evidence as to the nature of the infant’s injuries; the comments of the police officers, who were at daycare on the day in question and had seen the infant in a healthy state before the injury occurred. ; evidence from the infant’s mother; and a surveillance video as to the infant’s behavior after leaving daycare,” Menella wrote in the June 22 ruling.

“The trial judge was satisfied, on the balance of probabilities, that the infant suffered injuries while he was under the defendant’s care at daycare,” Menella said.

Menella wrote that there is no allegation that the woman harmed her own child. He also cautioned that a family court case involves less burden of proof than a criminal one.

While the evidence surrounding the daycare infant and the resulting aggravated assault charge was “relevant” to the family case, the judges were not ruling whether the woman was guilty of the crime, Menella wrote.

“The trial judge understood that he was not deciding the essence of the criminal charges against the defendant and that he was applying a lower and different standard than evidence beyond a reasonable doubt,” Menella said.

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