B.C. caregiver gets no jail time for failing to provide necessities of life

A woman convicted of failing to provide the necessities of life, a crime which led to the death of a 54-year-old woman with Down syndrome in her care, will not serve any time behind bars.

Instead, B.C. Supreme Court Justice David Crossin gave caregiver Astrid Dahl, also 54, a conditional sentence to be served in the community, which includes one year of curfew, a year of probation and 100 hours of community service.

During the trial, the court heard Florence Girard weighed just 50 pounds when she died in Dahl’s home in 2018 – and had not been to a medical appointment for the previous four years.

"Everybody that's in home care needs to watch out for the people that they love, because it's obvious that if they're in care it doesn't matter to the government or to the courts. I'm just heart-broken,” said Sharon Bursey, Girard’s sister.

The Crown sought a sentence of 18 to 36 months, but Crossin did not agree with that suggestion.

“The paralysis of judgement here appears to be isolated,” he said before handing down the sentence.

At trial, Dahl was found guilty of failing to provide the necessities of life, but not guilty on a charge of criminal negligence causing death.

While testifying in her own defence, Dahl had told the court that Girard didn’t like going to medical appointments and had begun to show little interest in eating.

“Flo was very vocal when she didn’t want something and she didn’t like something," she said.

When asked in court why she had not called an ambulance for Girard while she was wasting away in the weeks and months before her death, Dahl said it was not “how she wanted that moment to be for her.”

There were audible gasps and sobs in the courtroom from Girard’s family members when Crossin announced the conditional sentence.

“I’m disappointed in the whole thing. It should have been at least 12 months or something,” said Bursey. “There’s no incentive for anyone to make anything different.”

Tamara Taggart, president of Down Syndrome BC, has a teenage son living with Down syndrome and was in court to provide support for Girard’s family.

“These people are paid. This is their job. This is their responsibility. So, you trust that they will provide the necessities of life,” said Taggart. “That didn’t happen for Florence. She starved to death. It’s absolutely horrific what happened to her.”

She said the judge’s decision to not send Dahl to jail should be alarming to families who rely on caregivers to look after their loved ones.

“It’s every parent’s nightmare, every sibling’s nightmare, that this will happen to a person they know and care about and love,” she said.

Outside court, Bursey remembered her sister for her sense of humour and playfulness.

“She was funny. With me she was happy,” she said. “With other people she could be grumpy. I miss her so much.”