The Supreme Court of Canada has 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 decomposed remains in a garbage bag.
The Canadian Criminal Code says it's illegal to hide the body of a child with an intent to conceal that the mother had given birth.
The charge applies whether it died "before, during or after birth."
A lower court ruled that the word "before" was too vague and acquitted the woman, but that decision was reversed in the Ontario Court of Appeal, and a new trial was ordered. Canada's top court agreed with that decision.
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