The Ontario Court of Appeal decision upheld the trial judgment convicting L.B. of infanticide, even though the Crown had charged her with murder.

"The Ontario Court of Appeal decision provides a blueprint to courts and Crown Attorneys in Ontario, as well as an important precedent across Canada, for how the infanticide offence operates in the modern-day context," says Marie Henein, counsel for LEAF in the case.  "The decision confirms that even where a woman in these terrible circumstances is charged with murder, she will be convicted of infanticide where the legal elements of a 'disturbed mind' caused by 'the effects of childbirth and lactation' are present."

Henein says that "This is an important decision since it upholds Parliament's recognition of the reduced culpability of women who commit infanticide."

"A life sentence with long periods of parole ineligibility in cases of infanticide is inconsistent with Parliament's intent, the community's sense of justice, and the uniquely gendered context of the offence," says Birenbaum.   "The women who commit infanticide in Canada tend to be young, poor, socially isolated and without adequate social and economic supports to cope with childbirth or caring for a child.  They have often experienced sexual or other abuse and have often denied their pregnancy to others and even to themselves.  Many accused women have given birth alone, and commit the offence in a state of panic, intense pain, shock, disassociation, exhaustion and alienation.  The offence of infanticide is treated differently in law than murder because of these many overlapping social, cultural, psychological and medical factors, which may affect the state of mind of accused women after childbirth."