Daycare worker should be jailed for assaulting child, says Crown

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Just three days after he started attending a northeast Calgary daycare, a city toddler began to show signs of fearing adults, a court was told Thursday.

And the little boy, still shy of turning 13 months old, had good reason to be fearful: he was being physically abused by one of his caregivers.

Crown prosecutor Rebecca Ross, who is seeking a four- to six-month jail term for Rita Niure, detailed how the Calgary woman repeatedly assaulted the boy over a period of three days in early December 2022.

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Ross told Justice Paul Mason that the child’s parents took the boy to hospital on Dec. 10, 2022, after noticing bruising.

That triggered a police investigation and a review of CCTV footage at Kidzee Early Learning & Daycare on 11 St. N.E., said Ross, reading from a statement of agreed facts.

Video showed that on Dec. 1, 6 and 7, Niure, 30, assaulted the young boy, whom the prosecutor noted was too young to even report the abuse.

“On Dec. 3, 2022, his parents noted that he appeared to be fearful of encounters with family members, which was atypical for him,” Ross said.

Video footage played in court showed Niure roughhousing the child, slapping him, tugging on his arms and legs and shaking him.

The footage detailed more than 20 discrete incidents in which Niure was aggressive with the child, who can’t be identified under a publication ban imposed by Mason.

Ross said a period of custody followed by 12 months of probation would adequately punish the Calgary woman.

But defence counsel Ronverg Mendoza argued Niure should be spared any jail time.

Mendoza suggested a 12-month conditional sentence, with four months each of house arrest and curfew, coupled with 18 months’ probation would be a suitable sentence.

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He noted his client had no previous record and entered an early guilty plea last October, just months after she and a co-worker were charged.

Mendoza also noted media coverage surrounding his client’s arrest has left her unemployed, leaving her and their young son relying on her husband for financial support.

The lawyer said Niure is also seven months pregnant but told Mason that would not be a factor in his sentencing decision.

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Multiple aggravating factors, Crown argues

Ross argued there were multiple aggravating factors justifying jail time for the offender.

She noted Niure was in a position of trust over an extremely vulnerable victim who was no-verbal, so couldn’t complain about the abuse.

The impact on the victim’s family was also significant, the prosecutor said.

In a victim impact statement, the boy’s mother said the family has been traumatized by the assault on her son and she fears what impact it might have on his future.

“The long-term effects at this time are unknown,” the woman wrote.

A presentence report said Niure minimized her behaviour and blamed the daycare, Ross added.

Niure’s co-worker, Mursal Akbari has also pleaded guilty, but a sentencing date has not yet been set.

Mason will hand down his sentencing decision next month.

KMartin@postmedia.com

X: @KMartinCourts

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