B.C.’s Court of Appeal has set aside the conviction of a woman who pleaded guilty to criminal negligence causing the death of a 19-month-old child left in her care.
“The conviction must be set aside as the product of a miscarriage of justice,” Justice Gregory Fitch said in the April 12 unanimous decision of a three-judge panel.
He said new evidence not disclosed to the defence at trial raised the possibility Tammy Marion Bouvette would not have pleaded guilty.
Bouvette pleaded guilty to the charge in the death of Iyanna Teeple, who had been left in her care May 26, 2011 in Cranbrook.
On appeal, Bouvette sought to admit fresh evidence to establish non-disclosure by the Crown. She further sought a vacating of the guilty plea and a setting aside of the conviction. She asked that the court enter an acquittal or, in the alternative, direct a stay of proceedings.
The Crown conceded those issues.
“The failure of the Crown and/or police to disclose relevant information violated the appellant’s right to make full answer and defence,” Fitch said. “It renders the appellant’s guilty plea invalid as it deprived her of an opportunity to make an informed choice about how to proceed.”
The judge added: “An acquittal is not the appropriate remedy.”
Impacts on Bouvette
The judge said Bouvette “has suffered serious prejudice as a consequence of the disclosure breaches and she has served the entirety of her sentence, ordering a new trial would constitute an abuse of process.”
Fitch said “the systemic prejudice identified herein is irreparable.”
He said while in prison, Bouvette lost her children and was assaulted because she was perceived to be a “baby killer.” She was moved to segregation for her own protection.
“She has struggled with addiction issues, homelessness, poverty, social isolation, and physical and mental health challenges,” Fitch said. “She attempted suicide on several occasions. Her children have been harassed and bullied at school because their mother has been found to be criminally responsible for the death of a child.”
The case
Teeple was dropped off at Bouvette’s home, where she had regularly babysat Teeple in the past.
Teeple’s mother told police her daughter was in good health that day. “Iyanna was described as a content child who was just beginning to walk on her own,” Fitch said.
Bouvette was almost 28 years old on the date of the alleged offence. Her older brother was her primary caregiver as their alcoholic father had abandoned them and their mother struggled with mental health and addiction issues.
Bouvette is a mother of four, one 18 months old and one four years old at the time. They were in the house at the time. The court heard those children might have struck Teeple with toys.
At some point that morning, Bouvette left Teeple unattended in a bathtub for an unknown period of time. It did not have a slip guard.
She said she had turned away only for a moment. The court heard Teeple had slipped under the water, face first.
“Iyanna’s mother had also observed her climbing and standing up while in the bathtub,” Fitch said.
She had also fallen from a high chair earlier that day, Bouvette told police.
At 11:30 a.m., Bouvette phoned 911 seeking emergency medical assistance for the child.
First responders arrived and found Bouvette attempting resuscitation.
“Iyanna was not breathing and did not have a pulse. Iyanna’s heartbeat was restored due to resuscitation efforts at the scene and at East Kootenay Regional Hospital,” the judge said.
She was airlifted to Calgary Children’s Hospital but was pronounced brain-dead the next day.
An autopsy by Dr. Evan Matshes, then Alberta’s assistant chief medical examiner, concluded death by drowning. Asked what he would say in court, the doctor said he would testify “[t]his is a child who has been injured by another person in the last couple of days.”
Second-degree murder charges were laid on Oct. 24, 2011.
Autopsy reviews
However, in May 2012, Alberta Justice advised Cranbrook RCMP that Matshes’ work was under review, a probe that included Iyanna’s case.
“There are no documents in the defence, RCMP or Crown files to suggest that disclosure was made to the defence of any of these May 2012 Alberta-based communications,” Fitch said.
In August 2012, Alberta chief medical examiner Dr. Anny Sauvageau sent Cranbrook Crown counsel a peer review of Teeple's autopsy.
“I don’t agree that there is any ground, on the autopsy findings alone, to support that this is an inflicted trauma. The opinions expressed to [deputy regional Crown counsel] are disturbing and clearly unreasonable,” Sauvageau wrote.
New Mexico chief medical examiner Dr. Ross Zumwalt called Matshes’ conclusions logical and based on sound medical and forensic pathology principles.
Another reviewer, Dr. Sam Andrews, was Matshes’ superior when the autopsy was performed. He agreed with Matshes that the injuries were highly concerning and raised the possibility that they resulted from non-accidental trauma.
He also opined that the theoretical scenarios offered for the injuries — presumably, the fall from the booster seat and the possibility that Teeple may have struck her head while in the bathtub — were not consistent with the injuries Matshes documented.
Further, Dr. Stephen Cina expressed a number of possibilities, including that Teeple had been struck and subsequently drowned in the bathtub.
“The letters sent by Dr. Zumwalt and Dr. Cina were disclosed to the defence; Dr. Andrews’ letter was not,” Fitch said, later noting other related documents had not been disclosed.
And, Bouvette had made a fourth statement to police on the case that could have been found involuntary and inadmissible in court. That also did not appear in Crown disclosure before her guilty plea, Fitch said.
Also not disclosed were records of Teeple’s clinical records about her hospitalization for three days in March 2011 for a suspected viral brain infection.
“The records reflect that Iyanna presented with a sudden onset of loss of balance and hypertonia (abnormally increased muscle tone resulting in rigidity). She was noted to be arching and flopping backwards,” Fitch said.
The guilty plea
In March 2013, a plea agreement was reached with a new charge: criminal negligence causing death.
“The appellant would plead guilty to that charge in provincial court, and the murder charge would be stayed,” Fitch said.
“The Crown submitted that the appellant’s failure to protect Iyanna amounted to a wanton and reckless disregard for her life and safety as “’here was an obviously injured, bleeding, and distraught child, who was crying and trying to stand in the tub, and she was left alone in that shape for…at least three to five minutes,’” Fitch said.
No blood was found in Bouvette’s home.
On May 16, 2013, Bouvette was sentenced to 12 months’ imprisonment and probation.
The special prosecutor
In January 2020, the BC Prosecution Service appointed a special prosecutor to conduct an independent review of the case to determine whether a miscarriage of justice may have occurred.
On Feb. 25, 2021, that the special prosecutor had made a series of remedial recommendations to the service and soon disclosed previously undisclosed information to Bouvette’s counsel.
A month later, the appeal notice was filed leading to the April 12 decision.
