CBC reports today that a judge in Saskatchevan acquitted a woman who gave birth in a Wal-Mart’s washroom. According to April Dawn Halkett, 22, “the birth happened very quickly and … the child did not look like he was alive.” The infant, who was found in the toilet, survived. He lives with a family. Halkett is in “regular contact” with the boy.

The charge was child abandonment. Apparently, Queen’s Bench Justice Neil Gabrielson focused on Halkett’s state of mind in reaching his decision.

He ruled out intent. The defence said at trial that “Halkett didn’t know she was pregnant that day” and that home pregnancy tests came back negative. The judge also held that “[t]he fact she turned herself in and wanted to see the baby once she knew it was alive is not consistent with someone who intended to endanger the life of a child.”

As for negligence, even if it existed, it did not reach the level of criminal offence, Justice Gabrielson held. According to him, it was reasonable to believe the baby was dead. CBC reported that “[c]ourt heard the child was blue and cold to the touch.” The judge did refer to Halkett’s actions as “negligent” and “inappropriate,” according to CBC.

So what is the standard of care in criminal law for women giving birth on Saskatchewan toilets? I guess the baby is deemed dead if it’s blue and cold to the touch. I would need to read the full reasons for a better idea, but it looks like it takes a few days for judgements to be put online in Saskatchewan.