Latest news with #Cranbrook
CBC
2 days ago
- CBC
B.C. babysitter must be acquitted in toddler's 2011 drowning death, Supreme Court rules
Johna Baylon Tammy Marion Bouvette was caring for a 19-month-old girl in Cranbrook in 2011 when the toddler drowned The Supreme Court of Canada has ruled that a woman originally convicted in the 2011 drowning death of a toddler in her care must be acquitted. Tammy Marion Bouvette was babysitting 19-month-old Iyanna Teeple in Cranbrook, B.C., in 2011 when the toddler was found unresponsive in the bath. Teeple was flown to a hospital in Calgary, where she later died. Bouvette was originally charged with second-degree murder in the child's death, then later pleaded guilty to the lesser charge of criminal negligence. She was sentenced to 12 months in jail. But an independent review of the case determined that the Crown hadn't disclosed all the evidence to Bouvette or her counsel before she entered her guilty plea. In 2023, the B.C. Court of Appeal quashed her conviction and ordered a stay of proceedings, but declined to enter an acquittal. Bouvette appealed and, in a ruling released Friday morning, the Supreme Court of Canada concluded she should be immediately acquitted on the grounds that the Crown also sought an acquittal and said it would call no evidence at a new trial. 'A miscarriage of justice' The case became the subject of an investigation by CBC's The Fifth Estate in 2020 after CBC journalists uncovered a report that criticized pivotal pathology evidence in the Crown's case against Bouvette. Bouvette has maintained she did not abuse or kill the child and told The Fifth Estate she had wanted to avoid a lengthier prison sentence for a murder charge when she made her plea. In 2023, the B.C. Court of Appeal determined that the B.C. Prosecution Service had failed to disclose to Bouvette's defence lawyers several items of key evidence, including the pathology evidence report, which supported Bouvette's claim that she had not hurt or neglected the child. Bouvette's former defence lawyer told The Fifth Estate that he had not received that report from the Crown during the prosecution. At the time, the judges wrote that they "make no finding of bad faith or malice on the part of the Crown. But neither can we ignore that the disclosure breaches were not isolated or confined to information of dubious value to the appellant." B.C. Court of Appeal quashes conviction of woman in toddler's death, calling it 'miscarriage of justice' "As a consequence of material non-disclosure, the appellant was deprived of the opportunity to make an informed decision about how to plead, apprised of the strengths and weaknesses of the case against her on fundamental issues." The court ruled that Bouvette's criminal negligence conviction, causing the toddler's death, was "the product of a miscarriage of justice," and ordered a stay of proceedings because retrying her case would be an "abuse of process." 'Conviction would be unreasonable... with no evidence' The Supreme Court's Friday decision says the circumstances of Bouvette's case "weigh heavily in favour of an acquittal." "[Bouvette] has already served the entirety of her sentence. The victim's family fully supports an acquittal, and the conviction resulting from her false guilty plea has had a devastating impact on her life," the decision reads. The judges were unanimous in their decision that Bouvette should be acquitted, if for different reasons. Writing for the majority, Justice Nicholas Kasirer said the first possible ground for an acquittal under the Criminal Code is where there's a lack of evidence to ground a reasonable conviction. The second possible ground is where the Crown seeks an acquittal and says it would call no evidence at a new trial. Kasirer said Bouvette was acquitted on this second ground. The judgment notes that when Bouvette appealed to the court to seek an acquittal, the Crown also "made significant concessions" and agreed that she should be acquitted. It notes that the Crown clarified in submissions to the Supreme Court that if a new trial were ordered, it would 'call no evidence.' WATCH | B.C. Court of Appeal says Bouvette's conviction was a miscarriage of justice: "Unless it would be contrary to the public interest, an appellate court must acquit, thereby giving effect to circumstances that would lead directly to an acquittal if a new trial were ordered, because conviction would be unreasonable on a record with no evidence," the decision reads. Kasirer goes on to write that "rather than forcing the parties to go through pro forma proceedings to achieve this result [the acquittal], or standing in the way of this result by entering a judicial stay, the just result is for the acquittal to be entered now, even though there is evidence on the record that could lead a reasonable jury, properly instructed, to convict [Bouvette] at a new trial."
National Post
2 days ago
- National Post
Babysitter must be acquitted in toddler's drowning death, Supreme Court of Canada says
OTTAWA — An acquittal is the appropriate outcome for a British Columbia woman whose conviction in the drowning death of a toddler was set aside two years ago, the Supreme Court of Canada has ruled. Article content Tammy Bouvette was charged with second-degree murder but pleaded guilty to the lesser charge of criminal negligence causing the bathtub drowning death of a 19-month-old girl she had been babysitting in 2011 in Cranbrook, B.C. Article content Article content Article content In April 2023, the B.C. Court of Appeal found the Crown had failed to disclose key evidence to Bouvette's lawyers, depriving her of the opportunity to make an informed decision about how to plead. Article content Article content The Court of Appeal called the original conviction 'the product of a miscarriage of justice' because the evidence and circumstances established a reasonable possibility that Bouvette would not have pleaded guilty to criminal negligence causing death if full disclosure had been made. Article content The Appeal Court ordered a judicial stay of proceedings, permanently halting the case without determining guilt or innocence. Bouvette then asked the Supreme Court for an acquittal — a declaration of being found not guilty. The Crown agreed that she should be acquitted. Article content In its decision Friday, the Supreme Court unanimously said an acquittal is the appropriate remedy in the case and provided two sets of reasons for reaching the conclusion. Article content Under section 686(2) of the Criminal Code, a conviction is quashed when an appeal has been allowed due to a miscarriage of justice. Article content Article content The appeal court then looks at the appropriate remedy: an acquittal, a new trial or a judicial stay. Article content Writing for the Supreme Court majority, Justice Nicholas Kasirer said Bouvette should be acquitted immediately on the grounds that the Crown seeks an acquittal and has expressly stated that it would call no evidence at a new trial. Article content Rather than forcing the parties to go through pro forma proceedings to achieve this result, or standing in the way of it by entering a judicial stay, the just outcome is for the acquittal to be entered now — even though there is evidence that could lead a reasonable jury, properly instructed, to convict Bouvette at a new trial, Kasirer said. Article content 'Consequently, Ms. Bouvette must be acquitted by the Court without further delay or any possible distress associated with sending the matter back to the trial court,' he wrote. Article content
CBC
2 days ago
- CBC
B.C. babysitter must be acquitted in toddler's drowning death, Supreme Court rules
The Supreme Court of Canada has ruled that a woman originally convicted in the 2011 drowning death of a toddler in her care must be acquitted. Tammy Marion Bouvette was babysitting 19-month-old Iyanna Teeple in Cranbrook, B.C., in 2011 when the toddler was found unresponsive in the bath. Teeple was flown to a hospital in Calgary, where she later died. Bouvette was originally charged with second-degree murder in the child's death, then later pleaded guilty to the lesser charge of criminal negligence. She was sentenced to 12 months in jail. But an independent review of the case determined that the Crown hadn't disclosed all evidence to Bouvette or her counsel before she entered her guilty plea. In 2023, the B.C. Court of Appeal quashed her conviction and ordered a stay of proceedings, but declined to enter an acquittal. Bouvette appealed and, in a ruling released Friday morning, the Supreme Court of Canada concluded she should be immediately acquitted on the grounds that the Crown also sought an acquittal and said it would call no evidence at a new trial. 'A miscarriage of justice' The case became the subject of an investigation by CBC's The Fifth Estate in 2020 after CBC journalists uncovered a report that criticized pivotal pathology evidence in the Crown's case against Bouvette. Bouvette has maintained she did not abuse or kill the child and told The Fifth Estate she had wanted to avoid a lengthier prison sentence for a murder charge when she made her plea. In 2023, the B.C. Court of Appeal determined that the B.C. Prosecution Service had failed to disclose to Bouvette's defence lawyers several items of key evidence, including the pathology evidence report, which supported Bouvette's claim that she had not hurt or neglected the child. Bouvette's former defence lawyer told The Fifth Estate that he had not received that report from the Crown during the prosecution. At the time, the judges wrote that they "make no finding of bad faith or malice on the part of the Crown. But neither can we ignore that the disclosure breaches were not isolated or confined to information of dubious value to the appellant." "As a consequence of material non-disclosure, the appellant was deprived of the opportunity to make an informed decision about how to plead apprised of the strengths and weaknesses of the case against her on fundamental issues." The court ruled that Bouvette's criminal negligence conviction causing the toddler's death was "the product of a miscarriage of justice," and ordered a stay of proceedings because retrying her case would be an "abuse of process." Friday ruling In the Friday ruling, judges were unanimous in their decision, if for different reasons. Writing for the majority, Justice Nicholas Kasirer said the first possible ground for an acquittal under section 686(2) of the Criminal Code is where there's a lack of evidence to ground a reasonable conviction. The second possible ground is where the Crown seeks an acquittal and says it would call no evidence at a new trial.
CTV News
2 days ago
- CTV News
Supreme Court of Canada says babysitter must be acquitted in toddler's death
The Supreme Court of Canada is framed between tulips in Ottawa on Monday, May 6, 2024. THE CANADIAN PRESS/Sean Kilpatrick OTTAWA — The Supreme Court of Canada says an acquittal is the appropriate outcome for a British Columbia woman whose conviction in the drowning death of a toddler was set aside two years ago. Tammy Bouvette was charged with second-degree murder but pleaded guilty to the lesser charge of criminal negligence causing the bathtub drowning death of a 19-month-old girl she had been babysitting in 2011 in Cranbrook, B.C. In April 2023, the B.C. Court of Appeal found the Crown had failed to disclose several items of key evidence to Bouvette's lawyers, depriving her of the opportunity to make an informed decision about how to plead. The Court of Appeal called the original conviction 'the product of a miscarriage of justice' because the evidence and circumstances established a reasonable possibility that Bouvette would not have pleaded guilty to criminal negligence causing death if full disclosure had been made. The Appeal Court ordered a judicial stay of proceedings, meaning a permanent halt to the case without determining guilt or innocence. Bouvette then asked the Supreme Court for an acquittal — a declaration of being found not guilty. This report by The Canadian Press was first published June 6, 2025. Jim Bronskill, The Canadian Press
Associated Press
3 days ago
- Business
- Associated Press
Eagle Plains Announces Uplisting to OTCQB Venture Market
CRANBROOK, BC / ACCESS Newswire / June 5, 2025 / Eagle Plains Resources Ltd. (TSXV:EPL)(OTCQB:EGLPF) ('EPL' or 'Eagle Plains') is pleased to announce that its common shares have been approved to uplist from the OTC Pink market to the OTCQB Venture Market (OTCQB), operated by OTC Markets Group Inc., effective as of market open June 05, 2025. Eagle Plains U.S. listing will trade under the symbol 'EGLPF' while the Company's primary Canadian listing will continue to trade on the TSX Venture Exchange under the symbol 'EPL'. Chuck Downie, President and CEO of Eagle Plains stated: 'The additional visibility and credibility provided by the OTCQB listing will improve Eagle Plains' access to U.S. capital markets and provide greater liquidity to U.S. investors.' The OTCQB Venture Exchange, established in 2010, is the premier marketplace for entrepreneurial and development stage U.S. and international companies that are committed to providing a high-quality trading and information experience for their US investors. To be eligible, companies must be current in their financial reporting, pass a minimum bid price test, and undergo an annual company verification and management certification process. The OTCQB Venture quality standards provide a strong baseline of transparency, as well as the technology and regulation to improve the information and trading experience for investors. About Eagle Plains Resources Based in Cranbrook, B.C., Eagle Plains is a well-funded, prolific project generator that continues to conduct research, acquire and explore mineral projects throughout western Canada, with a focus on critical metals integral to an increasingly electrified, decarbonized economy. The Company was formed in 1992 and is the ninth-oldest listed issuer on the TSX-V (and one of only three that has not seen a roll-back or restructuring of its shares). Eagle Plains has continued to deliver shareholder value over the years and through numerous spin outs has transferred over $100,000,000 in value directly to its shareholders, with Copper Canyon Resources and Taiga Gold Corp. being notable examples. Eagle Plains latest spinout, Eagle Royalties Ltd. (CSE:"ER') was listed on May 24, 2023, and holds a diverse portfolio of royalty assets throughout western Canada. On October 2, 2024, Eagle Plains announced announce the formation of a separate division within the Company that will give Eagle Plains' shareholders direct exposure to strategic opportunities in Canadian green energy transition. As a wholly owned subsidiary of Eagle Plains, Osprey Power Inc. ('OP') will focus on identifying and advancing innovative and diverse clean energy project portfolios in target markets throughout Canada, with an initial focus on Western Canada. Eagle Plains' core business is acquiring grassroots critical- and precious-metal exploration properties. The Company is committed to steadily enhancing shareholder value by advancing our diverse portfolio of projects toward discovery through collaborative partnerships and development of a highly experienced technical team. Expenditures from 2010-2023 on Eagle Plains-related projects exceed $39M, the majority of which was funded by third-party partners. This exploration work resulted in approximately 50,000m of diamond-drilling and extensive ground-based exploration work facilitating the advancement of numerous projects at various stages of development. Throughout the exploration process, our mission is to help maintain prosperous communities by exploring for and discovering resource opportunities while building lasting relationships through honest and respectful business practices. On behalf of the Board of Directors 'C.C. (Chuck) Downie' President and CEO For further information on EPL, please contact Mike Labach at 1 866 HUNT ORE (486 8673) Email: [email protected] or visit our website at Cautionary Note Regarding Forward-Looking Statements Neither the TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release. This news release may contain forward-looking statements including but not limited to comments regarding the timing and content of upcoming work programs, geological interpretations, receipt of property titles, potential mineral recovery processes, etc. Forward-looking statements address future events and conditions and therefore, involve inherent risks and uncertainties. Actual results may differ materially from those currently anticipated in such statements. SOURCE: Eagle Plains Resources Ltd. press release
