Supreme Court of Canada agrees to hear case of B.C. babysitter in toddler's death
The Supreme Court of Canada has agreed to hear the case of a British Columbia woman whose conviction in the drowning death of a toddler was quashed earlier this year.
Documents show that the court has granted the application for leave to hear the case of Tammy Bouvette, whose criminal negligence charge was thrown out by the B.C. Court of Appeal in April.
Bouvette's lawyer is seeking an acquittal in the case rather than the Appeal Court's order for a stay of proceedings as remedy.
An acquittal declares a defendant has been found not guilty by the court, while a stay means the Crown has dropped its charges but does not determine guilt or innocence.
Bouvette was originally charged with second-degree murder but pleaded guilty to the lesser charge in 2011 for the bathtub drowning death of a 19-month-old girl she had been babysitting in Cranbrook, B.C.
The B.C. Court of Appeal found the Crown failed to disclose several items of key evidence to Bouvette's lawyers, depriving her of the "opportunity to make an informed decision about how to plead."
The Appeal Court ruling called the original conviction "the product of a miscarriage of justice" despite not finding bad faith or malice in the Crown's failure to share the evidence.
In explaining its order for the stay, the Appeal Court said to retry Bouvette's case would be "unjust."
"It would amount to punishing the appellant again for succeeding in having her guilty plea and conviction quashed," the decision said, noting Bouvette had already served her whole sentence for criminal negligence.
The Appeal Court also said Bouvette relapsed in her battle with addiction after being charged, losing custody of her children while getting assaulted in jail for being perceived as a "baby killer."
Bouvette was babysitting Iyanna Teeple when the toddler was found unconscious and not breathing in a bathtub. The child was flown to a Calgary hospital but later died.
In 2021, a special prosecutor from the BC Prosecution Service found that there may have been a miscarriage of justice since there was a strong case that Bouvette did not receive disclosure of significant and relevant materials.
The review found that Bouvette's Charter rights may have been breached, eventually leading to the quashing of the conviction.
This report by The Canadian Press was first published Dec. 22, 2023.
CTVNews.ca Top Stories
BREAKING Ontario's 'crypto king' Aiden Pleterski arrested
Aiden Pleterski, the self-proclaimed 'crypto king' from Whitby, Ont., has been arrested in Durham Region after allegedly running a Ponzi scheme worth more than $40 million.
DEVELOPING Slovakian prime minister in life-threatening condition after being shot, his Facebook profile says
Slovakia's populist Prime Minister Robert Fico is in life-threatening condition after being wounded in a shooting after a political event Wednesday afternoon, according to his Facebook profile.
Person responsible for 1996 drugging of 'Titanic' crew likely not a local: Halifax police
Halifax Regional Police believe a non-resident could be responsible for the infamous drugging of numerous crew members of the 'Titanic' movie with a hallucinogenic in 1996.
Latest updates on the biggest wildfires burning in Canada
Thousands of people in Western Canada remain displaced from their homes as wildfires threaten their communities, triggering evacuation orders and alerts.
OPINION Your attention span is shrinking, studies say. Here's how to stay focused: Sandee LaMotte
Regaining your focus requires you to be mindful of how you are using technology -- a daunting task if you consider the average American spends at least 10 hours a day on screens.
If you've tried meditating but can't sit still, here's how - and why - to try again
The first time Marcelle Hutchins sat down to meditate, she put on a guided session, relaxed her shoulders and tried to close her eyes. She lasted two minutes.
BREAKING Quebec court rejects McGill injunction request to remove encampment
A Quebec judge rejected McGill University's request for an injunction to remove the pro-Palestinian encampment on the university's campus in downtown Montreal.
Ottawa to acquire Quebec Bridge from CN, will spend $1 billion on span over 25 years
The federal government says it has reached a deal with Canadian National Railway Company to acquire the historic Quebec Bridge.
LIVE NOW Officials to provide updates on Alberta wildfires on Wednesday after Fort McMurray evacuation
Several news conferences will be held Wednesday morning to update the public on the wildfire situation in Alberta, specifically near Fort McMurray where four neighbourhoods have been evacuated.