It is case that started more than three years ago.
On May 21, 2007 a young woman, who can not be named under a court ordered publication ban protecting the identity of the child, gave birth in Wal-Mart washroom.
A week-long trial occurred in spring 2009 finding her not-guilty of child abandonment.
The trial judge’s decision was based on the fact that the woman thought the child was a stillbirth, therefore there was no wilful abandonment.
The Crown prosecutor called for an appeal that was held in October.
Dean Sinclair, director of appeals, said it was based on a “mistake of fact” made by the mother.
“The point that we were arguing is that you have to take steps to determine if the child is alive or dead before you walk away,” he said.
The judgement was released today from the Court of Appeals, dismissing the Crown’s appeal.
The decision said the trial judge was correct in the ruling – it explained there is not proof beyond a reasonable doubt that the mother intended to leave a living child in the toilet.
Pamela Cuelenaere, legal aid lawyer, said they were happy with the appeal decision.
“We feel it’s a very thoughtful decision by the Court of Appeal. It’s a very good result for our client,” she said.
“She’s obviously very happy it’s been a difficult time for her, this is a difficult case. These are very unusual circumstances.”
Cuelenaere explained she has not seen these type of circumstances before doesn’t think she will again.
“It’s definitely not a black and white picture,” she said.
Sinclair, on the other hand, finds it more frustrating.
“It was our contention that, that mistake was not reasonable,” he said.
He said he believes the mother should have been convicted.
The family is just happy it’s over.
“The stress level in the beginning was very, very high… lots of prayers and lots of love going into the family kept everybody sane,” said the woman’s step-father.
“We are just happy to be moving forward now and happy everything turned out the way it was because like I said, we believed everything she was saying.”
The woman’s step-father and mother currently have custody of the child.
“He’s doing fine, keeping me busy. He’s getting to the age where I can’t catch him anymore,” he said with a laugh.
The Crown has not decided if they will appeal the decision to the Supreme Court. Sinclair said his office is still reviewing the decision.
klavoie@panow.com
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