The Supreme Court of Canada says a British Columbia woman must be acquitted in the drowning death of a toddler she had been babysitting, following a ruling that her original conviction was the result of a miscarriage of justice.
Tammy Bouvette was initially charged with second-degree murder after 19-month-old Jaylene Redhead died in a bathtub in Cranbrook, B.C., in 2011.
She later pleaded guilty to the lesser charge of criminal negligence causing death.
In April 2023, the B.C. Court of Appeal set aside Bouvette’s conviction, finding that the Crown had failed to disclose pieces of evidence to the defence.
The court said the lack of disclosure undermined Bouvette’s ability to make an informed decision about her plea.
The Appeal Court described the conviction as “the product of a miscarriage of justice” and ordered a judicial stay of proceedings — a halt to the case without a determination of guilt or innocence.
Bouvette applied to the Supreme Court for a full acquittal.
In a decision released, the top court granted her request, concluding that an acquittal was the appropriate outcome.
The ruling brings a formal end to the legal process and clears Bouvette of criminal responsibility in the child’s death.
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