Day home operator sentenced to 3½ years in death of toddler left in car seat for 5 hours
Rachel Ward | CBC News | Posted: May 1, 2018 8:21 PM | Last Updated: May 2, 2018
18-month-old Ceira McGrath died of asphyxiation caused by a car seat strap
An unlicensed day home operator in Calgary has been sentenced to 3½ years in prison for the death of a toddler left alone in a car seat in a closet for five hours.
Elmarie Simons, 59, who pleaded guilty to criminal negligence causing death earlier this month, was sentenced Tuesday in provincial court in Calgary.
"This was no accident, nor was it a mistake. It was criminally negligent," Judge Jim Ogle said when announcing the sentence. "Miss Simons abused a position of trust towards a very young and helpless child."
He called the death of 18-month-old Ceira McGrath "unnecessary and avoidable."
Asphyxiation caused by car seat strap
In November 2015, Simons left the toddler alone in a car seat in a dark closet for five hours to run errands at Walmart and McDonald's.
The child died from asphyxiation caused by the car seat strap, according to a statement of facts. The toddler wasn't properly clipped in because the seat was too small. She slid down and choked herself, likely dying "trying to get out," the statement of facts said.
Prosecutors Pam McCluskey and Samina Dhalla sought a four-year prison term, while defence lawyer Alain Hepner asked for a two-year sentence.
On Tuesday, Ogle described her actions as a "deliberate and negligent act by someone who knew better but was indifferent to the risk."
Ceira's twin brother had also been in Simons's care but it's unclear where he was when his sister died.
Their parents had placed both children in the unlicensed day home as they were still on a wait-list for a registered daycare, a decision that haunts them, the judge noted.
"Both parents experience undeserved but understandable guilt for having chosen Simons to care for their children," Ogle said.
"I can only hope that with time these parents can move forward and return to the loving, caring parents their son Colby deserves.… This is the best way they can remember their daughter, Ceira."
'Cruel and callous'
Parents Ryan McGrath and Tanya Gladwell were emotional as the judge read his decision — the father often holding his head in his hands.
That day in November 2015, Ceira was rushed to hospital from the day home on Silverado Ridge Crescent S.W. She died a short time later.
It wasn't until the following August that police arrested Simons. She had continued to work at the home until her arrest.
Simons is not currently working and is living with her son, Ogle said. She has no prior criminal record.
But Ogle said he didn't see any evidence presented to reduce her moral culpability or to show her actions were anything but "cruel and callous."
Simons looked down as the decision was read. Her five adult children sat in the court's front row to support their mother.
'I disregard the apology'
Outside the courtroom, McGrath called the judgment "thoughtful" and said the family were glad the ordeal was over, but they would have gladly endured a trial if it meant Simons could have received a longer sentence.
McGrath said he doesn't believe Simons is sorry, despite her apology in court.
"Her apology we feel was self-serving. It seemed to have bought her six months off, it was late," he said. "We don't believe she is remorseful. We know for a fact that it's happened on more than one occasion and not just with Ceira, so I disregard the apology and the remorse."
Defence lawyer Alain Hepner said there are no plans to appeal Simons's sentence.
"This is right in the range that we proposed to the trial judge, so we agree this is probably the right sentence," he said.
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- A previous version of this story stated that Elmarie Simons was sentenced in Court of Queen's Bench by Justice Jim Ogle. In fact, Elmarie Simons was sentenced in provincial court by Judge Jim Ogle. May 1, 2018 11:00 PM