An educator filmed without her knowledge abusing four toddlers in a Montreal daycare center was sentenced Monday to nearly six months of house arrest. If she escaped the prison, Nassira El Hmaini however failed to obtain an absolution.
“The general deterrence, the multiple victims, the consequences for the parents, as well as the importance of childcare services in the daily lives of a large majority of parents mean that the absence of condemnation provided by the ‘Conditional discharge would harm the public interest,’ Judge Alexandre St-Onge concluded Monday at the Montreal courthouse.
The 31-year-old pleaded guilty last May to five counts of assault in 2020 on four children aged 2 and 3. While working as an educator at the KIDZ daycare center in the Villeray district of Montreal, Nassira El Hmaini was filmed several times without her knowledge by a colleague.
On a video, we see the accused slap in the face two children who move on their nap mattress. ” Go to sleep ! “, she says to one of them. The slaps are very audible. On the other excerpts, the educator pulls, among other things, the hair of a little girl, hits a child on the head and throws another on the ground.
The judge accepts from the evidence that Nassira El Hmaini hit children “she loved” in a context “where she tries to regain control of the group, knowing that the use of such methods was illegal”. In court, the accused had described the “toxic” work climate between the educators.
For such acts, the Crown was asking for 8 to 10 months in prison, while the defense was asking for a conditional discharge, a lenient sentence that would have allowed the accused not to keep a criminal record.
Among the aggravating factors, the judge gives “significant weight” to the number of victims and their very young age. He also notes the fact that the accused committed the acts as part of her work as a child educator.
The judge concluded, however, that a sentence of imprisonment at home is appropriate for Nassira El Hmaini due in particular to her lack of criminal record, the “serious” therapy she undertook and her low potential for recidivism. The judge also notes his remorse as a mitigating factor.
During her sentence, she will be under house arrest 24 hours a day, except for work and for certain exceptions. She will have to complete 240 hours of community work. She will be prohibited from holding a job where she will be in a position of authority with children.
Me Gabrielle Delisle represented the public ministry, while Me Maria Vivas defended the accused.