SC Upholds Acquittal of Saskatchewan Mother’s Baby Abandonment Case

This article was last updated on April 16, 2022

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The Supreme Court of Canada has upheld the acquittal of a Saskatchewan woman, known as ADH due to a publication ban on the child’s identity, who gave birth to a child in Walmart bathroom and abandoned it. ADH has asserted to have not known of her pregnancy, hence she was surprised by a “very quickly” deliver of the baby, due to which she left it in the toilet of a Walmart in Prince Albert, Sask. in 2007.

ADH was acquitted of the child abandonment charges in 2009, as the judge declared that Crown has failed to prove any reasonable doubt that she intentionally abandoned the baby or endangered his life. Consequently, a Crown appeal was also dismissed in a Saskatchewan court in 2011, whereas now on Friday, same was done by the Canada’s top court.

Even though all seven justices agreed unanimously decided to uphold Halkett’s acquittal, citing different reasons for doing so, the verdict was announced in a 5-2 split decision. Writing on behalf of the majority in Friday’s ruling, Justice Thomas Cromwell alleged that there is nothing in section 218 of the Criminal Code that suggests Parliament “intended to depart from requiring subjective fault.” He stated that “to the extent that the Parliament’s intent is unclear, the presumption of subjective fault ought to have its full operation in this case.” Whereas, on the other hand, Justice Moldaver and Justice Rothstein, wrote that “a mistake of fact that is both honest and reasonable affords a complete defence.”