REGINA – “I’m not a dangerous person, I want to change my life and be a better person.”
That’s what Brittney Catherine Emma Burghardt, 28, told Court of King’s Bench back on March 17 during sentencing. Burgardt was on trial earlier this year for unlawful confinement and manslaughter of her two-year-old daughter - charges in which she entered guilty pleas.
This morning, Justice Bev Klatt handed down exactly how much time Burghardt will serve for killing the toddler in June, 2021.
“This is a case involving the absolute abdication of a parent’s obligations that came from the killing of a two-year-old daughter, by a person who was entrusted with keeping her out of harm's way,” Justice Klatt began, reading aloud most of her written decision. “In the six or seven weeks leading up to June 9, 2021, Brittany Burghardt had become disenchanted with her two-year-old daughter Kassie because she had trouble going to sleep.”
As court heard previously, around the end of April that year, Burghardt’s then boyfriend Noah Paul Anderson suggested taping the child at nap time and bedtime as a method of ensuring the toddler would not get out of bed.
At first, Burghardt did not go along with the idea, but soon decided to tape the child up in her bed.
“Despite Ms. Burghardt’s various restraining methods that continued for some six weeks, the toddler’s sleep habits did not improve,” said Justice Klatt.
On the morning of June 9, 2021, Burghardt became angry and threw the child against a wall “three or four times until she did not move.”
“Ms. Burghardt had killed her child,” Justice Klatt stated.
At the time, young Kassie still showed signs of shallow breathing, but instead of calling for help, Burghardt tried to reach Anderson instead. He eventually came over to the house, where the couple devised a story of Kassie falling down the stairs.
It would be an hour before Anderson made that call for help, and Kassie could seek medical treatment.
Attempts to revive the toddler were unsuccessful, despite being flown to the Jim Pattison Children’s Hospital in Saskatoon. Kassie was declared brain dead on the morning of June 11.
The Crown was seeking a sentence higher on the end of the manslaughter scale of 10 years, and two years consecutive for the confinement charge. Defence countered with a much lighter sentence, that of two years for manslaughter and three years consecutive probation for unlawful confinement.
In her sentence, Justice Klatt described Kassie as “a happy child,” based on statements who knew the toddler. However, as she read on, it would become quite clear that Anderson and Burghardt despised that same sweet child - withholding foot, physically reprimanding her, holding her upside down as punishment, and the detailed use of tape and even a pair of shorts over the child’s face.
Much consideration was given to Burghardt’s cognitive abilities; previously described as that of someone around 11 years of age. While supports provided and used by Burghardt were listed in detail, Justice Klatt wasn’t completely convinced that her level of cognitive ability was an excuse for her actions.
“Ms. Burghardt failed in her duty to protect her own child,” Justice Klatt continued, adding Kassie had the right to be loved and nurtured. “When Kassie was tied up in her crib, Ms. Burghardt knew she was suffering because she heard her crying out for her, and crying for her and Mr. Anderson to both stop it.”
Justice Klatt imposed a sentence of seven years in prison on the manslaughter charge. Burghardt has previously served 126 days in custody, and remand credit was applied to the sentence, giving 2,366 days moving forward.
As for the unlawful confinement charge, she’ll receive a one-year jail sentence consecutive to the manslaughter charge. Defence counsel requested Burghardt serve her sentence in a minimum-security facility, which Justice Klatt agreed; formally making a request of Corrections Canada that the sentence - or part thereof - be served at the Maple Creek Healing Lodge. A further 10-year firearm ban was imposed, commencing at the date of Burghardt’s release.
Anderson will appear on Monday regarding the unlawful confinement charge, something Crown prosecutor Chris White spoke to reporter about after proceedings adjourned Friday morning.
“We sought a similar sentence for him as Ms. Burghardt,” White explained.
As for the sentence imposed on Burghardt, White was comfortable.
“It approached what we had requested,” he told . “There are some factors that the judge had to balance. She talked about mitigating factors and the deficits that Ms. Burghardt had. We’ll consider what to do next.”
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