The Supreme Court of Canada agreed in a unanimous decision released today that a Toronto-area woman should face a new trial on a charge of hiding the body of her baby, which she had apparently miscarried.
The case concerns Ivana Levkovic, who gave birth at her Mississauga, Ont., apartment in 2006 to a baby she says was stillborn.
The woman was charged with concealing the body of a child after her landlord found the baby's decomposed remains in a garbage bag on the balcony of her apartment in Mississauga, Ont.
Levkovic told police she had fallen, gone into labour, and given birth to what she believed was a stillborn child. She then put the body in a garbage bag and left it on her balcony.
The Criminal Code dictates an individual cannot conceal the birth of a "child," whether it died "before, during or after birth."
Levkovic's lawyers had argued the law wasn't clear enough and could leave women unclear about when a fetus is deemed to have been born.
A lower court agreed with that argument. It said the word "before" in the law was vague, and Levkovic was acquitted. But the decision was reversed in the Ontario Court of Appeal, and a new trial was ordered.
Canada's top court agreed with the appeal court in a 7-0 decision on Friday.
"A conviction will only lie where the Crown proves that the child, to the knowledge of the accused, was likely to have been born alive," said the decision, which was written by Justice Morris Fish.
With files from Laura PaytonAnda sedang membaca artikel tentang
Top court backs new trial for woman who hid baby's body
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