SASKATOON 鈥� Battleford man Lyle Aaron Bear 鈥� who was taking college courses to become a social worker 鈥� was sentenced Friday in Saskatoon Court of King鈥檚 Bench to 807 days in prison for the abuse and neglect of a foster child in his care.
Court heard that the toddler鈥檚 condition and injuries were so severe that he had to spend three weeks in a Saskatoon children鈥檚 hospital. A doctor had noted that even though the child was almost three years old, he was the size of a six-month-old baby due to starvation. In addition, his numerous fractured and broken bones were so severe, he would have been in obvious, constant pain.
鈥淭he complete lack of care for this child is one of the most shocking things I have ever seen in my career,鈥� Crown Prosecutor Jennifer Schmidt told the court. She said it's important to distinguish that the Crown isn't alleging Lyle Bear caused any of the injuries.
Schmidt said that when the COVID-19 pandemic began and schools were shut down, she wrote a social media post saying she was afraid there would be a rise in domestic violence and that children in tragic situations would be in worse situations.
鈥淚 knew it was coming and the complete failure of society and Charmaine and Lyle Bear to care for this child is something that I will carry with me forever.
鈥淭he Ministry chose to do visits with (this child) over Facetime," she added. "How in the world was this allowed to happen with a child in care?鈥�
The toddler鈥檚 injuries
Court heard that the toddler鈥檚 injuries consisted of fractures to his jaw, both shin bones in his right leg, healing fractures on the three bones of his foot connected to three of his toes, and multiple healing rib fractures. His 11 rib fractures were caused by multiple blunt force impacts to different parts of his rib cage. He had a subdural hemorrhage, or skull bleed, between his brain and the right side of his skull, which was recent and the result of either blunt force trauma, inertial forces, or a combination of the two.
He had skin injuries and bruising on his cheeks and buttocks and the skin sagged. His fingernails were bleeding and were about three inches thick.
The toddler鈥檚 eyes were opaque and his vision was impaired. After he was removed from Lyle and Charmaine Brett Bear鈥檚 home, he received a corneal transplant.
The maltreatment pediatrician at the children鈥檚 hospital said the child鈥檚 injuries were all caused by trauma and added that because of the fractures, he 鈥渨ould have exhibited signs of pain that would be obvious to any caregiver.鈥�
He would have displayed immediate pain to his broken jaw at the time of his injury and on an ongoing basis. The broken jaw and bruises on his face would have limited his ability to bite, chew, or open his mouth.
The doctor鈥檚 report revealed that x-rays of his shin bone fractures showed that they likely occurred seven to 10 days prior to the x-rays.
鈥淎 child who sustained such an injury would typically scream in pain and there would be ongoing pain with movement. In addition, there would be significant impairment in the child鈥檚 ability to weight-bear on the leg or walk for an extended period,鈥� read the doctor鈥檚 report.
The doctor found no medical explanation, such as a genetic abnormality or medical condition, for the toddler鈥檚 injuries. He couldn鈥檛 determine, however, whether or not his eye injuries happened prior to being in foster care.
While in the children鈥檚 hospital, the toddler showed signs of refeeding syndrome, which is an imbalance of nutrients in the blood that can occur in severely malnourished or starved patients when they receive nutrition.
This type of severe malnutrition can significantly impact a child鈥檚 physical and mental development and can be life-threatening, court heard.
After viewing the photo evidence taken of the toddler on the day of apprehension and three weeks later at the children鈥檚 hospital, Madam Justice Krista Zerr said his life truly was in danger and the contrast in the before and after photos was 鈥渟hocking,鈥� adding that with adequate nutrition and medical care, he looked like a completely different child.
Lyle and Charmaine Bear flee to Alberta
Court heard that Lyle Bear had called social services on Dec. 18, 2020, and asked them to pick up the child. After the toddler was surrendered to social services, Lyle Bear and his wife Charmaine fled to Alberta.
For months, Battlefords RCMP GIS conducted surveillance in Lloydminister, Edmonton, and Calgary before locating and arresting the couple. Court heard that Calgary Police Service assisted and used their police helicopter to track them to a playground. The chopper landed in the playground and police arrested them.
Madam Justice Krista Zerr accepted the joint sentencing submission by Crown Prosecutor Jennifer Schmidt and defence counsel Zachary Carter.
"How does this happen in Canada?" asked Madam Justice Zerr, then added that colonialism and the inter-generational trauma that Indigenous people experience, is a cause.
The joint sentencing submission saw Lyle Bear, now 36, pleading guilty to failing to provide the necessities of life to a child.
The 807-day prison sentence, or two years and two months, would have meant that Lyle Bear would have been sent to a penitentiary but because of his enhanced remand credit of 538 days in custody at 1.5 times credit, he received time served, and was released on Oct. 13, the day of his sentencing hearing.
Carter told the court that Lyle Bear had Gladue factors to consider.
His mother had attended residential school, and growing up, he experienced neglect and abuse, and lived house to house. He went into foster care and never had a relationship with his father, who is from Thunderchild First Nation. He experienced racism throughout his school years and he wants to get involved with his culture.
To his credit, he called social services for help, said Carter.
鈥淗e recognized the issue.鈥�
Bear will reside on Thunderchild First Nation and was placed on 24 months probation where he will be on a curfew the first three months from 11 p.m. to 6 a.m. He was ordered to take any counselling ordered by his probation officer, such as anger management, domestic violence, and personal counselling.
He was also ordered not to have any contact with the foster child or his wife Charmaine Bear (also known as Charmaine Spyglass), who was also charged. She was sentenced earlier this year to 700 days, or 23 months, time served, and placed on probation.
Court heard that Lyle Bear, who is from Big River First Nation, was violent to Charmaine Bear, which prevented her from speaking up.
Before sentencing, Madam Justice Zerr gave Lyle Bear an opportunity to speak.
鈥淚鈥檓 sorry for everything I have done and I take responsibility for my actions and I want to continue to work on myself going forward,鈥� he said.
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