Latest news with #TammyBouvette
CBC
4 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."
Vancouver Sun
4 days ago
- Vancouver Sun
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. 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 key evidence to Bouvette's lawyers, depriving her of the opportunity to make an informed decision about how to plead. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. 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, 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. 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. Under section 686(2) of the Criminal Code, a conviction is quashed when an appeal has been allowed due to a miscarriage of justice. The appeal court then looks at the appropriate remedy: an acquittal, a new trial or a judicial stay. 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. 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. '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. Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
National Post
4 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
4 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.
Toronto Star
4 days ago
- Toronto Star
Supreme Court of Canada says babysitter must be acquitted in toddler's death
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. ARTICLE CONTINUES BELOW 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. Politics Headlines Newsletter Get the latest news and unmatched insights in your inbox every evening Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. Please enter a valid email address. Sign Up Yes, I'd also like to receive customized content suggestions and promotional messages from the Star. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Politics Headlines Newsletter You're signed up! You'll start getting Politics Headlines in your inbox soon. Want more of the latest from us? Sign up for more at our newsletter page.
