Daycare owner assault ruling appealed by Crown

A New Brunswick Crown prosecutor is appealing a ruling that cleared a former daycare owner last month of mistreating children who were in her care.

Court of Queen's Bench Justice Jean-Paul Ouellette declared Celine Lang, 58, not guilty of assaulting 10 children, as well as a former employee, at the Couvée de la Vallée daycare she operated in Memramcook in 2014.

• Ex-daycare owner found not guilty on 12 assault charges

During trial, witnesses testified about children being bitten by Lang, tied to chairs, doused with water, and being physically immobilized at nap time.

In documents filed to New Brunswick's Court of Appeal Wednesday, Crown prosecutor Marc Bourgeois said the judge erred in his interpretation of the credibility of the witnesses, as well as the evidence presented in court.

Ouellette based his Sept. 27 decision in large part on what he called suspicious testimony from the main Crown witness, Josée Delarosbil, who he alleges was seeking revenge at Lang after being fired. 

The appeal also said the judge was wrong in his analysis and application of what constitutes assault according to the Criminal Code, as well as the defence of necessity that was used.

Defence lawyer Hazen Brien had argued in his closing arguments Lang had no choice to use force to protect children from harming themselves, like when she threw a glass of water at a child's face to calm him down, or restrained a child playing in a sandbox.

• Trial of ex-daycare owner accused of assaulting children wraps up

Brien referenced the controversial section of the Criminal Code known as the ''spanking law.''

Bourgeois is asking the court to overturn the not guilty verdict, or alternatively, order a new trial against Lang.

Since losing her Memramcook daycare, Lang has moved to Montreal with husband Daniel Lang. Brien said the decision last month came as a relief for the Langs after two years of living what he called a ''nightmare.''