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No more jail time for tot's death

Gage Guimond's caregiver pleads guilty to assault in infamous case

By: Gabrielle Giroday

Posted: 11/7/2009 1:00 AM | Comments: 0 (including replies)

Shirley Guimond slapped and punched children in her care, including Gage Guimond, court heard. (HANDOUT PHOTO)

It was a death that shocked the city and made national headlines as it raised even more questions about Child and Family Services in Manitoba.

But more than two years after two-year-old Gage Guimond tumbled down a set of stairs to his death, the relative charged with his manslaughter was able to avoid any more time behind bars.

Shirley Caroline Guimond, 55, pleaded guilty Wednesday to assault causing bodily harm for her abuse of the boy and his then-three-year-old sister. Court heard Guimond slapped and punched the children when she grew frustrated with their behaviour during the month CFS had placed them in her care.

Both children were removed from foster homes and placed with Guimond, their great-aunt, in June 2007.

Provincial court Judge Sidney Lerner accepted a joint recommendation Guimond do no further jail time from Crown prosecutor Tony Kavanagh and defence counsel Saul Simmonds.

"Clearly, this is a series of acts of violence that is not a one-time instance, taking place over the course of what appears to be approximately a month," Lerner said.

"There is a breach of trust... which she violated, and violated with respect to very vulnerable victims."

After Guimond was charged in connection with Gage's death in July 2007, she was in custody for 68 days. Court heard Guimond was overwhelmed with caring for the two young children, as well as another 13-year-old boy and resorted to violence when the children misbehaved.

"She said that she had intended to give the children back to CFS," said Kavanagh.

"She realized they were too much for her to deal with, but she was going to wait until the bruises were gone."

Lerner stayed charges of criminal negligence causing bodily harm and assault causing bodily harm for Guimond's abuse of the three-year-old girl. Guimond also pleaded guilty Wednesday to a count of failing to provide the necessities of life.

She has not been sentenced yet for that offence.

Guimond sometimes knocked the children into other household things after she slapped or punched them, court heard.

"The acceptance of responsibility, the concern that she had, the fact that she realized she was way out of her depth, and at times, looked for assistance and didn't seem to be getting it, causes some serious concern," said Simmonds.

He said his client has deep remorse for what occurred.

"There were facets of the case that would have been very difficult for Crown counsel and for the defence, that were unusual and problematic," said Simmonds.

Lerner said he would give double credit for the 68 days Guimond spent in custody, and she will not have to do further time behind bars for the assault charge. She must now complete three years of supervised probation.

He said the sentence factors in the guilty plea Guimond entered, as well as her lack of recent convictions. Part of her conditions mean Guimond must have no contact with boys and girls less than 14 years old.

Guimond, a residential school survivor, addressed the court briefly.

Her lawyer said she is currently enrolled in counselling and other forms of treatment.

"I just want to say I'm truly very sorry for what happened," she said.

"My deepest sympathies go out to the family."

Natasha Guimond, Gage's mother, said she is "disappointed" by Guimond's sentence.

Natasha Guimond recently said she plans a class-action lawsuit against Manitoba Child and Family Services alleging systemic abuse of children in care. She said she had no idea the woman accused of killing her child was in court this week.

"I feel mad," she said. The next hearing for Shirley Guimond is in January.

gabrielle.giroday@freepress.mb.ca

Republished from the Winnipeg Free Press print edition November 7, 2009 A3

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