Lorna Paradis

The Crown applied for certiorari seeking to quash a preliminary inquiry decision discharging the accused on charges of breaching a prohibition order under s. 161 of the Criminal Code and breaching probation under s. 733.1(1).

The preliminary inquiry judge had concluded there was no evidence establishing the mens rea required for the offences and discharged the accused.

On review, the Superior Court considered whether the preliminary inquiry judge committed a jurisdictional error or merely assessed the sufficiency of the evidence.

Applying the principles governing review of committal decisions, the court held that the judge’s determination concerned the sufficiency of the evidence and did not constitute a jurisdictional error.

The certiorari application was therefore dismissed.

The accused pleaded guilty to failing to provide the necessaries of life and criminal negligence causing bodily harm in relation to her young child.

The child was discovered severely malnourished, developmentally delayed, and confined to a room covered in feces.

The court considered the accused's mental health issues, including depression and drug dependency, as well as the abusive control exerted by her partner.

Emphasizing denunciation and deterrence for the prolonged and severe neglect, the court sentenced the accused to 12 months of incarceration followed by 24 months of probation.