'An extremely rare charge': Lawyer explains the charge of infanticide

Infanticide is a rare charge that can only be applied to women, says a Charlottetown criminal defence lawyer.

Conor Mullin of Key Murray Law explained the charge while speaking to CBCNews: Compass host Louise Martin.

ShannonDawn Rayner, 39, of Charlottetown was recently charged with two counts of infanticide, along with four other charges.

She is accused in the deaths of two babies in February 2014 and November 2016.

Mullin doesn't know the specifics of the case andthe charges have not been proven in court.

'Extremely rare charge'

Mullin has never seen an infanticide charge laid during his law career, he said.

"I don't even personally know of anyone who has dealt with it. It's an extremely rare charge to be laid before the courts."

[They] are often very young, they may be suffering from mental health or other emotional issues, and have found themselves facing some pretty dire economic and social circumstances.- ConorMullin

Unlike murder or manslaughter, an infanticide charge is only laid when a mother causes the death of her baby less than a year old through an intentional act or a failure to act, Mullin said.

'Disturbed' mind, says Criminal Code

According to the Criminal Code, the woman's mind must be "disturbed" at the time, either from the effects of giving birth or the effects of lactaction, Mullin said.

The wording is vague so it can be handled case by case, depending on the situation, Mullin said.

Historically, women charged with infanticide often have similarities in their cases,he said.

"[They] are often very young, they may be suffering from mental health or other emotional issues, and have found themselves facing some pretty dire economic and social circumstances."

Psychiatric evidence 'crucial'

The law was written in a way that reflects that women may be affected differently by these issues than men, Mullin said.

There are two recent precedents in Canada: a 2011 case in Ontario and a 2016 case in Alberta. The accused were both found guilty and sentenced to 18 months in jail, Mullin said.

"As the matter goes to trial, psychiatric and other expert evidence is going to be absolutely crucial."

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