Top court backs new trial for woman who hid baby's body

Written By Unknown on Jumat, 03 Mei 2013 | 21.48

The Supreme Court of Canada agreed in a decision released today that a Toronto-area woman should face a new trial on a charge of hiding her dead baby's body.

The case concerns Ivana Levkovic, who gave birth at her Mississauga, Ont., apartment in 2006 to a baby she says was stillborn.

The woman was charged with concealing the body of a child after her landlord found the baby's decomposed remains in a garbage bag on the balcony of her apartment in Mississauga, Ont.

Levkovic told police she had fallen, gone into labour, and given birth to what she believed was a stillborn child. She then put the body in a garbage bag and left it on her balcony.

The Criminal Code dictates an individual cannot conceal the birth of a "child," whether it died "before, during or after birth."

A lower court said the word "before" was vague, and Levkovic was acquitted. But the decision was reversed in the Ontario Court of Appeal, and a new trial was ordered.

Canada's top court agreed with the appeal court decision.

With files from Laura Payton

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