Baby Mac tragedy: Daycare operator addresses grieving parents as sentencing concludes

Nearly six years after a 16-month-old boy died while in her care, the operator of unlicensed daycare in Vancouver addressed his family in B.C. Supreme Court Wednesday.

In April, Susy Yasmine Saad, who ran the Olive Branch Daycare, pleaded guilty to failing to provide necessaries of life to nine children, including Macallan Saini, also known as Baby Mac.

The names of the other eight children and the witnesses are protected by a publication ban.

According to an agreed statement of facts, on Jan. 18, 2017, Saad left Saini alone in the playpen in a room on the third floor of the home.

She later returned to find him unconscious with a cord around his neck and yelled for her son to call 911.

Officers arrive to find that Saad had been caring for five children who were all under the age of 18 months.

Under B.C. law, unlicensed childcare providers are only allowed to care for a maximum of two children, other than their own, with few exceptions.

Saad made an emotional appeal to the family in court, describing the last moments of their son's life.

"I held your son in my arms screaming a prayer to God to save him, I tried over and over to breathe life into your son. I would not let go of him until one of the EMTs pried me away," she said.

"I understand there will probably never come a day of forgiveness for me on your part, I understand your need to direct all your pain and all your grief and rage at me, I accept this,” Saad said.

During the Crown’s closing arguments lead prosecutor Colleen Smith repeatedly mentioned the importance of deterrence being factored into this sentence, to send a clear message to others.

“Ms. Saad endangered children in her care and one of them died,” Smith said.

“Saad exploited the desperation of parents in Vancouver who were trying to find daycare and preyed on new parents unfamiliar with daycare practices. All of this conduct was motivated by greed.”

Smith argued that a two-year prison sentence would be appropriate.

Meanwhile, the defense asked for a one-year conditional sentence to be served in the community.

The court heard that Saad has developed both major depressive and post traumatic stress disorders. Her lawyer Joven Narwal also said Saad is a mother of three children ages 16, three and two, with the youngest two believed to be on the autism spectrum. Incarceration, Narwal told the court, would cause the children to suffer greatly.

Saad also spoke about the impact that Mac’s death has had on her.

“I submit that my grief is real, unhealed and festering. My character, motives and actions have come under scrutiny. No one can profess to know my intent,” she said.

“It was never my intent to disregard to safety and well being of any child.”

A previous CTV News investigation uncovered that health inspectors had determined Saad broke the law by having too many children in her care on four separate occasions. She also admitted she did not intend to follow those laws, and deceived parents by only providing care to children too young to communicate with their parents about the nature of the care. Further, she did not allow parents to enter the home during operating hours, and required a 15 to 20 minute warning from parents for pick ups.

Saad is also facing a civil lawsuit filed by Mac’s parents Chris Saini and Shelley Sheppard. The pair as well as other parents delivered tearful victim impact statements Tuesday.

A sentence in the criminal trial is expected to be handed down sometime next month.