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Ontario Court of Appeal Overturns Decades-Old Manslaughter Conviction of Jennifer Gaskin

By Drooid · · How we work

Acquittal of Jennifer Gaskin

The Ontario Court of Appeal quashed the manslaughter conviction of Jennifer Gaskin, finding that the original verdict was wrongful. Gaskin, now 51, had spent 18 months in prison after being convicted in 2002 for the death of her 2½-month-old son, Joseph, in July 1999. The court entered an acquittal after the Crown and defence jointly submitted that the conviction should be set aside. In the courtroom, Gaskin broke into sobs and later told reporters she felt “free” and hoped the public would no longer view her as a monster.

Background & Context

Gaskin’s conviction rested on testimony from two medical experts who asserted that Joseph died from shaken-baby syndrome (SBS). Subsequent provincial reviews of SBS cases from the mid-1980s to the mid-2000s raised serious doubts about the scientific basis of that diagnosis. Gaskin’s legal team secured three additional experts who reviewed the file and concluded that, while an inflicted injury could not be ruled out, Joseph—a premature infant who had spent his first two months in hospital—could also have died from sudden infant death syndrome (SIDS).

Official Statements & Responses

The Crown agreed that the new medical findings constituted fresh evidence warranting an acquittal.

Verbatim Quotes

  • “She is the victim of a miscarriage of justice,” — Justice Peter Lauwers

Impact & Significance

The decision adds to a growing list of wrongful convictions overturned on the basis of discredited SBS science, underscoring ongoing concerns about the reliability of such expert testimony in Canadian courts. Legal scholars and advocacy groups view the ruling as a catalyst for broader reviews of past SBS convictions, potentially prompting reforms in how infant-death investigations are conducted and how expert evidence is evaluated.