CALGARY -- The father of a toddler left in a van outside a city casino while his dad gambled inside, pleaded guilty yesterday to a provincial offence.
And the lawyer for the man, who can't be named, said he will argue the conviction under the Child Youth and Family Enhancement Act will bar further proceedings under the Criminal Code.
Defence counsel Mark Gottlieb said he will argue the legal principal of "autrefois convict" or previously convicted, when his client's criminal case proceeds.
Gottlieb's client pleaded guilty to a charge of wilfully causing a child to be in need of government intervention, under the CYFEA.
The accused, 51, also faces a criminal charge of child abandonment in connection with an incident outside the Silver Dollar Casino last March.
The provincial offence carries a maximum punishment of 24 months in jail and a $25,000 fine, while the criminal charge could result in a prison sentence of up to five years.
Crown prosecutor Paul Mason said police and firefighters were called to the southeast casino shortly after midnight on March 30, after security staff heard the child crying in a parked van.
He said the boy, barefoot and lightly dressed, was found strapped in a car seat inside the vehicle, which had its windows obscured.
"His hands and feet were cold to the touch (and) he had thrown up on himself," Mason told provincial court Judge Sean Dunnigan.
"The temperature at the time ... was -9 C," he said.
Mason said the father entered the casino at 10:05 p.m. and while he left briefly on two occasions, was inside gambling until he was arrested at 12:23 a.m.
Mason said the offender had also been at the casino earlier, but there was no evidence the child was in the van during that period.
He said once the conviction against his client is entered and he is sentenced in October, he will enter a plea of autrefois convict, permitted under the Criminal Code. Sentencing submissions on the provincial charge are set for Oct. 8. The criminal charge was adjourned to Dec. 10.
KEVIN.MARTIN@SUNMEDIA.CA
How the hell does this even get pass the proof read stage? Assuming there's one for mainstream news source?
