The accused was charged with abandoning her four-and-a-half-year-old child after leaving her sleeping in a locked car on a hot July day while she went into a supermarket.
The court applied the Supreme Court of Canada's decision in R. v. A.D.H., which requires proof of subjective fault for the offence.
The court found that while the accused's actions were extremely unwise, the Crown failed to establish beyond a reasonable doubt that she had the requisite awareness of the risk to which she was exposing her child.
The charge was dismissed.