The accused, the sole caregiver for her autistic son, was charged with administering a noxious substance after allegedly giving him an overdose of his anti-seizure medication.
The court held a voir dire to determine the admissibility of her incriminating statements to paramedics and hospital staff.
The court excluded statements made to one paramedic in the back of an ambulance, finding they were involuntary and obtained in a coercive context violating section 7 of the Charter, but admitted statements made to another paramedic and a nurse.
Based on the admissible statements, the court found the accused intended to administer an overdose but had reasonable doubt as to whether she actually succeeded due to her own impaired state.
The accused was found guilty of the lesser included offence of attempting to administer a noxious substance.
