Daycare owner assault ruling appealed by Crown

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

Court of Queen's Bench JusticeJean-Paul Ouellettedeclared Celine Lang, 58, not guiltyof assaulting 10 children, as well as a former employee,at the Couve de la Valle daycare she operated in Memramcookin 2014.

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During trial, witnesses testified about children being bitten byLang, tiedto 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 Bourgeoissaid the judge erred in his interpretation of the credibility of the witnesses, as well as the evidence presented in court.

Ouellettebased his Sept. 27 decision in large part on what he called suspicious testimony from the main Crown witness,JoseDelarosbil, who he alleges was seeking revenge atLangafter being fired.

The appeal also said the judge was wrongin his analysis and application of what constitutesassault 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.

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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 saidthe decision last month came as a relief for the Langsafter two years of living what he called a ''nightmare.''