The defendant was charged with abandoning a child under section 218 of the Criminal Code after leaving her four-and-a-half-year-old daughter sleeping in a locked car on a hot July day while she briefly entered a supermarket.
The Crown alleged the child was left unattended for approximately 30 minutes in temperatures reaching 28.6 degrees Celsius.
The court applied the Supreme Court of Canada's decision in R. v. A.D.H., which requires proof of subjective fault—specifically, awareness of the risk created by the conduct.
The court found that while the defendant's actions were unwise, the evidence did not establish beyond reasonable doubt that she had the requisite awareness of the risk.
The charge was dismissed.
