New trial ordered for Calgary man acquitted in assault of 4-year-old girl
A Calgary man acquitted of aggravated assault in connection with injuries a four-year-old girl sustained while in his care will face a new trial after it was determined the original justice made errors.
The Court of Appeal of Alberta determined Tyler Laberge's initial trial included mistakes on the part of the judge in his dismissal of the Crown's expert evidence as speculative.
The victim arrived in hospital after suffering numerous injuries, including a life-threatening head injury, while alone with Laberge.
The girl's mother left the child with Laberge on the afternoon of March 11, 2018 and the girl was watching a movie in her room. Less than two hours after she left, the mother received a call at work telling her to come home. She arrived to find her daughter non-responsive with her pupils dilated.
Laberge informed the mother that he had found the girl submerged in the bathtub after hearing a loud thud in the washroom and that he had pulled her from the water and performed CPR.
The girl arrived in hospital with numerous injuries including brain swelling, facial abrasions, a goose egg on her head, multiple bruises on her chest, legs, belly, groin and back, and genital swelling and bleeding.
In their decision, the trial judge claimed the testimony of the child abuse physician, who had examined the girl in hospital, was presumptive and "based on an assumption without evidentiary foundation."
In the physician's opinion, the child's injuries were not likely the result of a simple fall.
The judge found the physician's testimony failed to account for some of the other injuries on the girl, which had been spotted by both her swimming instructor and her father the day before she had been left with Laberge, as well as bruising injuries that may have been the result of a fall on a set of bleachers after her swimming lesson.
The judge also chastised the physician for claiming there was an "extremely high likelihood" that the girl's injuries had been inflicted, not accidental, and for not considering the possibility a bathtub fall could have caused a life-threatening head wound.
The three appeal judges determined the judge based his acquittal decision on the fact the two experts who testified, including the child abuse physician, could not rule out with 100 per cent certainty that the girl's injuries were accidental.
The date for Laberge's new aggravated assault trial has not been confirmed.
Correction
The original version of story indicated the child died as a result of her life-threatening injuries. Calgary Police Service officials confirm the girl survived.
CTVNews.ca Top Stories
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Demonstrators kicked out of Ontario legislature for disruption after failed keffiyeh vote
A group of demonstrators were kicked out of the legislature after a second NDP motion calling for unanimous consent to reverse a ban on the keffiyeh failed to pass.
BREAKING Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
Soft skills, preparation can help new graduates land jobs, experts say
As new graduates enter the workforce over the next few weeks, they are likely to face challenges getting their foot in the door and must be prepared to effectively communicate what they bring to the company.