Calgary

Calgary parents plead guilty to manslaughter in 18-month-old child's death

The parents of 18-month-old Gabriel Pasqua Sinclair have pleaded guilty to manslaughter in his death.

Court documents detail injuries, burns led to toddler's death

Gabriel Pasqua Sinclair's former guardian, Alice Finley, holds his teddy bear alongside her husband, Gerry Bakoway, who wears a shirt with a picture of the two.
Gabriel Pasqua Sinclair's former guardian, Alice Finley, holds his teddy bear alongside her husband, Gerry Bakoway, who wears a shirt with a picture of the two. (Dayne Patterson/CBC)

Warning: this story contains distressing details.

The woman who watched over 18-month-old Gabriel Pasqua Sinclair for most of his life gripped the toddler's former teddy bear in court as Gabriel's parents admitted to killing him.

Sonya Pasqua, 34, and Michael Sinclair, 32, pleaded guilty to manslaughter in the death of their son in Calgary's Court of King's Bench Monday afternoon.

Alice Finley and Gerry Bakoway sat in the courtroom with other family members during the proceedings. They were his guardians for about 17 months of his life.

"This is the first time we heard the news of what happened to Gabriel," said Bakoway, Gabriel's uncle.

"I can't imagine what he was feeling, that we let him down."

A woman holds a child in a santa costume
Alice Finley with Gabriel Pasqua Sinclair. She was one of his guardians for the majority of his life. (Submitted by Gerry Bakoway)

Court documents show that about six weeks after Gabriel was returned to his parents, he suffered a major burn to 33 per cent of his body, including third-degree burns.

Instead of taking Gabriel to the hospital, the parents attempted home remedies like treating the wounds with honey, according to the agreed statement of facts.

The agreed statement referenced a text message exchange between the two parents discussing keeping "him separate from here on now we need him to heal and then we can send him off to a facility cause we still need him as a paycheck." 

While it does not specify who they are referring to, another text refers to Gabriel "healing on the couch."

Bakoway said that proved that "childcare wasn't what they wanted, they wanted that paycheck."

"To hear that live and in court ... is mind-blowing. He's a child," he said.

Child and Family Services workers attempted to arrange a visit but were told not to come because Gabriel was ill.

Gabriel's injuries

Pasqua called 911 on Oct. 5, sending officers and paramedics to the home in the southeast Calgary neighbourhood of Radisson Heights because the 18-month old was in medical distress.

Court documents said paramedics found the child was already dead on arrival and that Gabriel's skin was an ashen grey colour.

His death was attributed to widespread bacterial infection triggered by the untreated burn and blunt force head trauma with a resulting brain injury, according to the agreed statement of facts. 

An autopsy also found he was dehydrated and extremely underweight for his age, despite having appropriate weight gain at a doctor's visit about six months prior. He would have needed emergency medical treatment for fluid loss, antibiotics, pain management and skin grafts.

The two parents told conflicting stories about how Gabriel was injured.

Pasqua had at first told police that he had fallen in the bathtub.

During an interview with police on the day Pasqua was arrested, she told police that Gabriel had fallen twice in the bath. When confronted with information from Sinclair's interview, Pasqua had said Sinclair was "blaming it all on me" and that Sinclair had "abused him too."

She detailed Sinclair kicking Gabriel a few times.

It's unclear from the agreed statement how Gabriel was burned. In interviews with police, Pasqua explained that boiling water from the stove had fallen on Gabriel, though they provided conflicting stories on who apparently spilled the water. One version was that it was one of three other children who spilled the water while cooking.

Sentencing to be set

James Mcleod, Pasqua's defence lawyer, said she is "incredibly remorseful for the decisions that she made and didn't make."

He said she has accepted responsibility and is prepared to accept the punishment she receives.

At points through the crown prosecutor's reading of the agreed statement of facts, Pasqua buried her face into her hands and Sinclair wiped his eyes with tissues.

Mcleod expects both Pasqua and Sinclair will receive a significant sentence. He said the sentence length he will be arguing for will be informed by the Gladue report which has been ordered for both Pasqua and Sinclair.

Child on a green rideable toy
A social worker said Gabriel Pasqua Sinclair was in good health before he was returned to his biological parents. (Submitted by Gerry Bakoway)

The Gladue report is meant to help judges take Indigenous experiences into account during sentencing.

Manslaughter without a firearm does not have a minimum penalty, however, the maximum penalty is a life sentence with parole.

Bakoway said he hopes the two are able to heal and get the help they need during incarceration.

Court was adjourned to Dec. 20 to decide on a sentencing date.

Gabriel's history of care

Gabriel was born in March 2020. A day after his birth, he was placed into the care of Finley and Bakoway because his mother tested positive for cocaine, alcohol and marijuana.

Gabriel spent more than a year with the couple before they were ordered to return him back to his biological parents on August 15, 2021. 

Before he was returned to his parents, a social worker described him as developing normally, and that he was happy and social, according to an agreed statement of facts.

Nearly two months later, Gabriel was dead.

The parents were arrested and charged with manslaughter in February 2023 after a lengthy investigation into Gabriel's death, declared a homicide by police.

Bakoway said he believes Child and Family Services failed Gabriel.

"That house had every red flag going," he said.

Bakoway said every year he and Finley buy gifts for Gabriel and leave them under the Christmas tree. He said those gifts go to other kids in need through charity.

ABOUT THE AUTHOR

Dayne Patterson is a reporter for CBC News. He has a master's degree in journalism with an interest in data reporting and Indigenous affairs. Reach him at dayne.patterson@cbc.ca.