Law360 Canada ( June 6, 2025, 1:13 PM EDT) -- Appeal by Bouvette from a judgment of the British Columbia Court of Appeal which set aside her conviction and entered a stay of proceedings. Bouvette entered a guilty plea for criminal negligence causing the death of a 19-month-old child who had been left in her care. She was sentenced to 12 months’ imprisonment and probation. Following a far-reaching review, a special prosecutor revealed that the Crown had failed to disclose information relating to the reliability of a medical expert’s evidence prior to Bouvette’s guilty plea, thereby breaching her right to a full and fair defence. The Court of Appeal concluded that the conviction was the result of a miscarriage of justice and quashed the conviction. However, it did not find the matter to be an appropriate case in which to enter an acquittal since there was evidence on the record on which a reasonable jury, properly instructed, could convict Bouvette. Instead, a judicial stay of proceedings was entered. Now, before the Court, both parties agreed that the Crown breached its disclosure obligations and there was no dispute that Bouvette’s tainted guilty plea was properly set aside. Both parties agreed that the Court of Appeal was wrong to order a stay and that an acquittal should be entered. Bouvette argued that an acquittal should be entered because there was, in her estimation, no evidence upon which a reasonable jury could convict her of the charge. The Crown submitted that, in its view, there was evidence on the record upon which a reasonable jury could convict, however it joined Bouvette in calling for an acquittal on a discretionary basis based on the miscarriage of justice. The Crown also announced its refusal to prosecute Bouvette at a retrial....