3 years in prison for foster mother convicted of manslaughter

An Edmonton foster mother, convicted of manslaughter in the death of a child in her care, was sentenced Thursday to three years in prison, with two months' credit given for the time she spent in remand.

A jury convicted the woman, 34, in November. She cannot be named under Alberta child protection legislation in order to protect the identity of the child, who also cannot be named.

The toddler died in January 2007 of a massive brain injury sustained when his skull hit part of a toilet bowl.

Court of Queen's Bench Justice Richard Marceau delivered his decision in a courtroom packed with the friends of the foster mother and relatives and friends of the dead child's family.

After going through all the medical evidence presented by both sides in the case, the judge said he had enough reasonable doubt about how the boy came to hit his head on the toilet bowl to give the benefit of doubt to the accused. He described the fatality as closer to being a "near-accident" than a "near-murder."

Other factors were taken into account in coming to the decision, Marceau said. He felt the woman was under too much stress and had taken on too much work by caring for four foster children at one point.

However, the stress did not excuse her criminal actions, the judge added.

Outside court the child's father, who also cannot be named under Alberta law, said he was furious with the sentence.

"This is just a slap in the face. We thought maybe seven years, eight years, or something like that. I could have lived with that. But three damn years — not even three years — year and a half on good behavior. There's no justice in the system for us," he said.

Prison will be 'devastating' for woman, lawyer says

"I'm satisfied with the decision on sentence. I'm not satisfied with the jury's verdict," the woman's lawyer, Brian Beresh, said outside court.

The woman had been charged with second-degree murder, but the jury found her guilty of the lesser charge of manslaughter.

Beresh called that verdict a "compromise" and said his client will likely appeal.

Prison will be "absolutely devastating" for his client, Beresh said.

"It's taking somebody from a totally different environment and exposing her to this …

"The time she had at the remand centre was difficult. This will even be more difficult for her."

The Crown had asked for a sentence in the 10- to 12-year range.

In sentencing arguments in April, Beresh pointed to his client's crime-free past and argued she should receive a sentence of three years in prison.