The woman found not criminally responsible for abandoning her toddler in a field in June will remain detained at the Montreal psychiatric hospital where she’s been treated since July, a Quebec judge ruled Tuesday.
Judge Bertrand St-Arnaud said while the mother is collaborating with her treatment team and her mental health has improved, it remains fragile. Her medication still needs to be adjusted, he said.
He favoured the Crown’s arguments that at this stage, the mother poses a threat to public safety. She cannot be named due to a publication ban protecting the identity of her daughter.
The judge also agreed with the proposal submitted by Crown attorney Lili Prévost-Gravel, where the mother would be allowed occasional outings from the Institut national de psychiatrie légale Philippe-Pinel with some conditions. These include not contacting the father of her toddler and not going on the internet unless supervised by her treatment team.
During a 60-day evaluation, a psychiatrist diagnosed the woman with schizoaffective disorder which can lead to states of depression, mania and psychotic episodes. The psychiatrist said she was in a psychotic state when she drove her daughter from Montreal and abandoned her in an Ontario field.
The toddler became the subject of an intensive search when she was reported missing by her mother on June 15. She was found alive three days later on the side of a highway in Ontario, about 150 kilometres from Montreal.
When she was found, the little girl was severely dehydrated, soiled and had multiple insect bites and lesions from poison ivy. Prévost-Gravel said the girl, who is now in her father’s custody, suffers from nightmares and fears being left alone.
The mother’s mental health had significantly deteriorated over the months leading up to the events. She was not taking medication and was not being monitored by a health professional.
Her file will be handed over to Quebec’s review board for mental disorders which will become responsible for determining if, when and how she should be discharged.
The board will review her case in 90 days, just before Christmas, and could decide to release her depending on her mental state and progress.
People found not criminally responsible and who are either released under conditions or remain detained have to return at least once a year for a hearing in front of the board where their mental condition is reassessed until they receive an absolute discharge.
After delivering his ruling, Judge St-Arnaud wished the woman well, saying the dark cloud that was over her had now been lifted.
Speaking outside the courtroom Tuesday afternoon, Crown attorney Prévost-Gravel said it’s a good thing the woman will continue to receive treatment.
“Everybody was involved emotionally,” she said. “The judge is a human being and I think it’s fair to give hope to an accused even if she’s done something really impossible.”