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Alberta woman who left child in freezing car gets conditional discharge

LETHBRIDGE — A judge has given a woman who was charged after two young children were found in a freezing car late at night in southern Alberta a conditional discharge.
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LETHBRIDGE — A judge has given a woman who was charged after two young children were found in a freezing car late at night in southern Alberta a conditional discharge.

The 32-year-old woman — who cannot be named to protect the identity of her child — is on probation for one year.

She will have no criminal record if she keeps the peace, is of good behaviour and takes counselling recommended by her probation officer.

The woman pleaded guilty last spring to a charge of failing to provide the necessaries of life.

A second woman, mother of the other child found in the locked car near a Lethbridge bar, also received a conditional discharge earlier this year.

Court heard police officers responding to a call from a concerned citizen found a three-year-old girl and four-year-old boy in the freezing car in December 2016 when the temperature was -18 C.

The girl was found first and taken to hospital. When officers continued to search the vehicle, they found the boy curled up in a ball under a pile of jackets and shivering silently.

Both were wearing winter coats.

A report prepared by a pediatric specialist said both children were suffering from mild or early hypothermia, but neither sustained any long-term physical harm.

Police found both women in a nearby bar where they were drinking. The investigation determined they had been there for about an hour.

During sentencing, defence lawyer David Cavilla told court that his client has been taking major steps to address factors in her life that contributed to her actions.

“Largely it involves co-operation, collaborating, continuing to be in conversation with the child-welfare authorities — the people that she’s been working with,” said Cavilla. “She’s had the child … back in her care and custody for the last 12 months and things have been going well.”

Judge Gerald Debow referenced the woman’s pre-sentence report, which revealed she has struggled as a single mother to make ends meet, has been abused in numerous relationships throughout her life, has had substance abuse issues and suffers from cognitive challenges.

“Both these mothers took extensive steps in dealing with their problems,” said Debow, in explaining his decision to give the two women a conditional discharge.