Appeal court upholds Regina mother's acquittal on charges in son's death

Hannah Spray · CBC News

· Posted: Jun 11, 2025 6:00 AM EDT | Last Updated: 6 hours ago

Saskatchewan's Court of Appeal has dismissed the Crown's entreaty successful the lawsuit of Chelsea Whitby, who was recovered not blameworthy of second-degree execution and manslaughter successful the death of her son.

Whitby's 18-month-old son, Emerson, died successful infirmary connected June 10, 2020, and his decease was attributed to blunt-force trauma to the head.

The Crown argued astatine proceedings that Whitby had committed an unlawful enactment that caused Emerson's death, but the lawsuit was based mostly connected circumstantial grounds and adept sentiment evidence. Although Whitby didn't attest astatine trial, she had repeatedly denied hurting her son, including during a constabulary interrogation that lasted 7 and a fractional hours and was played successful court.

Whitby was charged with second-degree murder, but astatine proceedings the Crown argued for a condemnation connected the lesser and included complaint of manslaughter. Regina Court of King's Bench Justice Catherine Dawson acquitted Whitby of some charges successful September 2023, aft a lengthy trial.

"I cannot accidental that I americium not suspicious that Ms. Whitby whitethorn person done thing untoward to Emerson connected June 10, 2020. However, I indispensable beryllium guided by the law," Dawson said successful her proceedings decision. "I americium near successful a tenable uncertainty … and I americium not satisfied that Chelsea Whitby's guilt is the lone tenable inference to beryllium drawn from the circumstantial grounds arsenic a whole."

During the trial, the justice excluded immoderate grounds the Crown tried to introduce, limiting the scope of sentiment grounds from 2 of the Crown's adept witnesses related to the timing and origin of Emerson's death.

The Crown argued connected entreaty that was an error, but "there is nary quality that the proceedings justice correctly articulated the law," Justice Neal Caldwell wrote successful past week's entreaty tribunal decision, with Justice Jerome Thall and Justice Jillyne Drennan concurring.

WATCH | Regina parent acquitted of murder, manslaughter successful son's death: