Ontario court overturns conviction over discredited medical evidence

An Ontario Appeal Court has overturned the manslaughter conviction of Jennifer Gaskin, who was originally convicted in 2002 for the death of her infant son. The court ruled that the conviction was based on discredited medical evidence regarding ‘shaken baby syndrome’. Experts retained by Gaskin’s legal team argued that the cause of death should have been classified as ‘undetermined’ rather than attributed to shaking.

Medical understanding of the condition has evolved significantly. Many health organizations, including the Public Health Agency of Canada, have moved away from the term ‘shaken baby syndrome’ in favor of ‘traumatic head injury due to child maltreatment’ (THI-CM) to more accurately reflect current professional language.

The term was originally coined in the 1970s to describe internal brain and retinal bleeding without external signs of trauma. The evolution of this medical field follows historical scrutiny of forensic practices in Ontario, including a public inquiry into errors made by former forensic pathologist Dr. Charles Smith.