The Crown is appealing the decision of a foster mother found not guilty of criminal negligence causing the death of an Aboriginal toddler.
On Feb. 1, Justice Neil Gabrielson acquitted Eunice Wudrich of charges related to the death of 22-month-old Evander Lee Daniels of Sturgeon Lake First Nation who drowned in a bathtub in her home in June 2010.
Mark Brayford, the lawyer who represented Wudrich in the trial, says his client is obviously disappointed with the Crown’s decision to appeal.
“It was our view that this was not criminal negligence but that it was a tragic accident,” he says. “We were hopeful that the Crown would agree with Justice Gabrielson’s decision but they have chosen to take it to the Court of Appeal and it is for the Court of Appeal to decide.”
As part of its appeal, the Crown is alleging Justice Gabrielson erred in deciding what constitutes wanton or reckless disregard in regards to life or safety of a child.