Childcare centre theft case adjourned

Kimberly MacLeod awaits sentencing for stealing more than $16,000

A Breadalbane woman who stole more than $16,000 from an early learning centre where she worked will be back in court next month to be sentenced.

Kimberly MacLeod, 45, appeared before Justice James Gormley in P.E.I. Supreme Court in Charlottetown recently after previously pleading guilty to theft over $5,000 from Hunter River Early Learning Centre.

In his submissions, Crown attorney Chad McQuaid said the centre served the community and the impact of the theft goes beyond the 12 families whose payments were taken.

“It goes to the community at large,” he said.

MacLeod worked at the centre as its director for about two years, during which time her responsibilities included receiving payments from clients and making bank deposits.

The court previously heard the centre got a new director in August 2019, and irregularities were found soon after.

After an audit, the RCMP began an investigation and found 12 clients’ cash payments totalling $16,305.75 weren’t deposited into the centre’s bank account.

On Wednesday, McQuaid said a victim impact statement highlighted the financial hardship the centre felt, including the cost of auditing that led to the matter going before the court.

McQuaid said that if it wasn’t for the COVID-19 pandemic and cost savings from not having children there full time, the centre might not have been able to get back on its feet.

MacLeod has since repaid the entire amount she took. The court heard she re-mortgaged her house to do so.

McQuaid said breach of trust cases are still prevalent in P.E.I., and the courts have been imposing jail time for them.

Defence lawyer Conor Mullin said there are exceptional circumstances that would allow for a conditional discharge to be granted in MacLeod’s case.

Mullin said it wasn’t a case involving a theft to support a lavish lifestyle.

During his submissions, Mullin described MacLeod as someone who was in over her head with her job and never intended to steal from her employer.

Mullin said MacLeod often paid for supplies and had a lengthy wait to get that money back, so she sometimes used money from clients’ payments to the centre to reimburse herself.

“It’s an unsophisticated operation in that it’s almost not an operation at all,” Mullin said.

McQuaid said that information was based on a statement MacLeod made to police, and it wasn’t truly known how the money was misappropriated.

Arguing for a conditional discharge, Mullin said MacLeod has expressed remorse, she takes full responsibility and is not likely to be back in court again for another offence.

She is someone who is almost not in need of rehabilitation, Mullin said.

“This is not somebody with ingrained criminal values.”

MacLeod prepared a statement for the court, which Mullin read after saying the accused felt she wouldn’t have been able to get through it.

In the statement, MacLeod said she was sorry and regretful for the harm she caused so many people.

After hearing all of the submissions, Gormley said he would take them under advisement, and he adjourned the matter to Feb. 5 to deliver the sentence.