Ontario mother seeks to overturn manslaughter conviction after new medical evidence emerges

In 2002, Jennifer Gaskin was convicted of manslaughter for the death of her 2½-month-old son Joseph, based on expert testimony linking the fatality to shaken-baby syndrome. Years later, a provincial review of similar cases raised doubts about the reliability of that medical evidence. Gaskin’s defense retained three new experts who examined the case file and concluded that, while they could not exclude inflicted injury, the infant’s premature birth and prior hospital stay made sudden infant death syndrome a plausible cause.

The Crown has submitted that these findings constitute fresh evidence and should lead to an acquittal, asserting that the original expert testimony is now “wholly undermined.” The appeal will be heard by the Ontario Court of Appeal today, where the court will decide whether to admit the new evidence and potentially overturn the conviction.