The Supreme Court of Canada has upheld a woman’s conviction for trying to murder her mother by injecting insulin into her. The court dismissed the argument that the jury needed instructions on the difference between attempted murder and assisting in suicide.
In June 2019, a neighbor discovered the woman, identified as B.F., her mother, and her 19-month-old daughter unconscious in their residence, all having been injected with insulin. Five empty insulin pens and a handwritten note were found at the scene.
While B.F. and her mother recovered fully, the child sustained serious injuries. During the trial, the prosecution alleged that a custody dispute over the child drove B.F. to commit the crime. The defense posited that B.F.’s mother might have self-administered the insulin to herself and her daughter and grandchild.
Following a jury trial, B.F. was found guilty of attempting to murder her mother and daughter. The Ontario Court of Appeal upheld the conviction regarding her child but ordered a new trial for the charge related to her mother.
The Supreme Court reasoned that the jury was adequately prepared to determine B.F.’s guilt in the attempted murder of her mother. Since aiding suicide was not part of the charges, the jury did not need to consider it. The court found no plausible scenario where B.F. could have assisted her mother in self-injecting insulin to end her own life.
Justice Michelle O’Bonsawin, speaking for the majority, stated that the legal connection between attempted murder and aiding suicide was irrelevant to the case. The trial judge’s decision not to include this scenario in the instructions was deemed correct.