A foster mother accused of killing a little boy in her care can now be identified. Lily Choy is on trial for a second time in the death of a three-year-old boy. She is accused of second-degree murder after the young boy suffered severe cranial trauma.
Choy was convicted of manslaughter in 2008 but the decision was overturned by the Court of Appeal.
In her opening statement Monday, Crown Prosecutor Allison Downey-Damato described Choy as someone with an established pattern of abuse, adding that the brain injury suffered by the youngster was "non-accidental".
Court heard that in a 911 call, Choy said the child, who cannot be named, had no movement in his eyes and was wheezing deeply.
The crown prosecutor told court the boy awoke at 2 am. He was distressed and had to use the bathroom. The accused took him downstairs where he suffered a brain injury.
The child was taken to the Stollery Children's Hospital, where efforts to control swelling in his brain were unsuccessful. The boy died on Jan. 27, 2007.
The circumstances surrounding the brain injury will be at the centre of the debate between the Crown and the defence.
The defence contends the young boy was aggressive and displayed harmful behavior.
The Crown alleges Choy was neglectful and subjected the boy to extreme punishment, citing allegations he was forced to sleep in the garage in a soiled diaper.
CTV is identifying the accused in this case for the first time after lawyers reviewed provincial legislation. A court-ordered publication ban prevents the identity of the victim from being released.
The trial continues Tuesday.
With files from CTV's Serena Mah.
