The accused was charged under s. 243 of the Criminal Code with disposing of the dead body of a child with intent to conceal its delivery.
The remains of a 36-week fetus were found in a bag on a balcony.
The forensic pathologist could not exclude the possibility that the fetus died in utero due to a self-induced abortion.
Applying the Supreme Court of Canada's interpretation of s. 243 in a previous appeal of this case, the court found that the Crown could not prove beyond a reasonable doubt that the child was likely to have been born alive, as the law does not apply to miscarriages or abortions.
The accused was acquitted.
