Whose Responsibility Avoidable Tragedies?

"Sheppard observed the defendant Saad yelling and screaming and attempting to resuscitate Mac Saini in a perfunctory way."
"Her experience in ... being present and witnessing the death of Mac Saini and seeing his lifeless body was shocking and horrifying to the plaintiff."
B.C.Lawsuit, B.C.Supreme Court, statement of claim

"The death of a child is a tragedy no parent should ever face, and our heartfelt condolences go out to the parents."
British Columbia Ministry of Children and Family Development

"Without commenting on this partiular case, the vast majority of daycares are meeting their regulatory requirements for providing appropriate and safe care to children."
"This is a tragic incident and our heartfelt condolences go out to the parents."
Vancouver Coastal Health

Sixteen-month-old Macallan Wayne Saini, seen here with his family, died on Jan. 18, 2017 at a daycare in East Vancouver. (John Sheppard)

The Sheppard family of Vancouver has filed a lawsuit alleging that their baby, Macallan "Mac" Saini died while in the care of a daycare operated by Yasmine Saad, because he was left alone and the misadventure that took his life was caused by his having choked on an electrical cord. The lawsuit names the operator, Yasmine Saad, the landlords of the building where the daycare is located for failing to supervise daycare operations, and failing to ensure safe and infant-suitable premises prevailed for the daycare.

Vancouver Coastal Health and the Ministry of Children and Family Development also stand accused in the lawsuit of not warning parents, or taking steps to close the daycare in the wake of "multiple complaints" that it was operating without a licence and was an overcrowded facility. The operator, despite being investigated in multiple years after complaints, was never fined, and nor were steps taken to prevent it from continuing its daycare function in the community.

The property owners in their own defence stated they were unaware that their premises hosted a daycare. Shelley Sheppard, mother of 16-month-old Macallan Saini had arrived to pick up her child from the Olive Branch Daycare on the eighth day that he attended and was in the care of Yasmine Saad. On arrival a fire truck was parked in front of the daycare; when she entered the premises she witnessed the operator attempting to resuscitate the child, and realized her son was lifeless.

The suit she and her husband filed states the daycare was "overcrowded" with children, one of whom was seen behind a couch, while other children were seen to be strapped to chairs. Child care providers are permitted up to two children or a sibling group who are not related to them, to be cared for without a licence. Over 1,100 daycare facilities are routinely inspected by Vancouver Coastal Health annually, posting inspection reports on its website.

The statement of claim emphasizes that the child's mother suffers from trauma and health problems linked to permanent disability leading to loss of earnings and is absent life's enjoyment, as a result of the death of her infant. Leaving the impression that the parents did all they possibly could to ensure that their child was in a safe and reliable environment but that through no fault of their own, their child is now lost to them.

Due diligence would have mandated that the reputation of the daycare be the first order of business to ascertain, and a quick look at the website of Vancouver Coastal Health should have raised flags. Since the parents were cognizant of the fact that too many children were being cared for and dubious practices were used in restraining the children to ensure their safety, the question arises, why did they opt to place their child in that situation?

Yet another circumstantial situation arose in North Battleford, Saskatchewan, when a mother left her six-year-old autistic, epileptic, non-verbal daughter seated in the family SUV which the mother left running while she tended to shopping at a strip mall. Someone got into the vehicle and drove off with it, with the child still seated in the back. This took place on Sunday night; it was dark out and there was snow falling, with temperatures at the freezing mark.

RCMP in Saskatchewan have issued an Amber Alert for a six-year-old girl who they say was abducted outside a strip mall in North Battleford. Police say Emma O'Keeffe, shown in an RCMP handout photo, is Caucasian, three-feet-six-inches tall, and weighs 44 pounds. RCMP / THE CANADIAN PRESS

"Words cannot express our emotions right now."
"Emma is safe at home sleeping soundly, peacefully, surrounded by all the love in the world."
Emma O'Keefe's mother

"This was obviously a horrific circumstance, but it was beautiful to see so many people just leave their homes, grab a flashlight and go out and help look [for the missing child]."
Ryan Bater, mayor, North Battleford

"We don't know what happened from when the car was taken until when the car was found."
"Someone took a vehicle that was not theirs with the child in the back seat and then was responsible for the child being left overnight [in the SUV on her own]."
RCMP Cpl. Rob King

It took 14 hours, but eventually the vehicle with the little girl still in the back seat was found, tucked away in bushes. Though the weather was bad, and the city of Battleford lost power after midnight for a period of time, the Amber Alert that was called brought people out in substantial numbers, even from surrounding municipalities, to search for the child.

No one seems to be questioning the intelligent sense of responsibility on the part of the mother, leaving a defenceless child in such a vulnerable situation.