The Crown has withdrawn a second-degree murder charge against a woman who was convicted of killing her toddler based in part on evidence from pathologist Charles Smith.
Earlier this year, the Court of Appeal for Ontario quashed Tammy Marquardt's second-degree murder conviction, calling her a victim of a miscarriage of justice and ordering a new trial.
But the Crown says today it will not proceed with another trial due to Mr. Smith's flawed evidence and because so much time has passed.
Ms. Marquardt spent 14 years behind bars after she was convicted in 1995 in the death of her son, two-year-old Kenneth Wynne.
Mr. Smith, who was recently stripped of his medical licence for professional misconduct and incompetence, testified persuasively that Kenneth was strangled or suffocated.
Other experts have since denounced Mr. Smith's findings, concluding Kenneth's cause of death could not be determined, though her lawyer says the boy was epileptic and could have died from a seizure.
Commentary by the Ottawa Mens Centre
The decision of the Ontario Court of Appeal regarding Tammy Marquardt is
remarkable in that most of the time, the Appeal Court regards as sacrosanct, the
decisions of other lower court judges such as the Superior Court of Ontario even
when its extremely obvious that most judges would not have made a similar
The court of appeal wants matters decided to stay that way, it might negatively reflect on a judge. Tammy Marquardt is lucky, its not a judge who made a mistake but the disgraced pathologist, therefore, a judge is not responsible.
If a judge had been responsible, then odds are the Court of Appeal would have gone on a mission to white wash the judge.
The other reason Tammy Marquardt is lucky is because she is a woman.
The Court of Appeal of Ontario is extremely biased against men, if men actually rarely win an appeal, costs, are generally decided against men.
The same goes with evidence, appeals, orders for costs, all generally in favour of women.
While Tammy Marquardt is able to have the conviction overturned, tens of thousands of Ontario men, live in quasi convictions of being child abusers, never able to see their kids again because a Dead Beat Judge decided to use the illegal "tender years doctrine" to give a crazy mentally ill violent woman custody simply because a man happened to mention the taboo subject that the mother was mentally ill.
Our family courts across Canada cost 100 Billion a year that could be spent on subsidized educations and health care, all by the simple changes of a Legal Presumption of equal parenting, a reform of family law , reform of child support guidelines that are effectively Male Sharia Law, and of course, a real authority to deal with our notoriously corrupt underbelly of the judiciary.