Based on coverage from CBC, The Toronto Star, and Toronto Sun.
Supreme Court Restores Conviction in Insulin Case
The Supreme Court of Canada has reinstated the conviction of a woman, known only as B.F. due to a publication ban, for attempting to murder her mother by injecting her with insulin. This decision overturns a previous ruling by the Ontario Court of Appeal, which had ordered a new trial for the charge. The Supreme Court's ruling emphasized that the jury was adequately instructed and did not need to consider whether B.F. was aiding suicide, as she was not charged with that offence.
Incident Details and Initial Trial
In June 2019, a neighbour discovered B.F., her mother, and her 19-month-old daughter unconscious in their home. Emergency responders found five empty insulin pens and a handwritten note at the scene. All three had been injected with insulin. While B.F. and her mother fully recovered, the child sustained serious injuries. During the trial, the Crown argued that a custody dispute over the child provided B.F. with a motive. The defence, however, suggested that B.F.'s mother might have injected herself and the others in a suicide attempt. Ultimately, the jury found B.F. guilty of attempting to murder both her mother and daughter.
Ontario Court of Appeal's Decision
The Ontario Court of Appeal had previously allowed B.F.'s appeal regarding the attempted murder of her mother, suggesting a new trial was necessary. The court posited that B.F. might have provided the insulin to her mother, who could have then injected herself. However, the appeal concerning the attempted murder of her daughter was dismissed, a decision that the Supreme Court upheld.
Supreme Court's Rationale
Justice Michelle O'Bonsawin, writing for the majority, stated that the jury was properly equipped to decide B.F.'s guilt and that there was "no air of reality" to the scenario where B.F. aided her mother in a suicide attempt. The court clarified that the legal relationship between attempted murder and aiding suicide was irrelevant to the appeals, as B.F. was not charged with aiding suicide. The trial judge's decision not to address this scenario in his instructions was deemed appropriate.
Implications of the Ruling
This ruling underscores the Supreme Court's stance on the clarity of jury instructions and the separation of charges. By restoring B.F.'s conviction, the court has reinforced the original jury's decision, closing a complex legal chapter. The case highlights the intricate nature of legal interpretations in situations involving mental health and familial disputes, particularly when life-threatening actions are involved.
Source 1 | Source 2 | Source 3
This article synthesized reporting from several sources. The coverage from CBC, The Toronto Star, and Toronto Sun was largely consistent, focusing on the Supreme Court of Canada's decision to restore B.F.'s conviction for attempting to kill her mother by injecting her with insulin. However, CBC uniquely highlighted the legal argument regarding the distinction between attempted murder and aiding suicide, which was not mentioned by the other outlets. Both The Toronto Star and Toronto Sun emphasized the procedural history, noting the Ontario Court of Appeal's decisions, but neither delved into the motive behind the crime as CBC did by mentioning the custody dispute.
