Final arguments have been set for September in a murder trial for a woman accused in the death of a toddler found outside a church.
Tasha-Lee Doreen Mack and the child's father, Joey Crier, are charged with second-degree murder in the 2017 death of 19-month old Anthony Joseph Raine.
Crier is to go to trial on Oct. 7.
Mack's trial heard Monday that her statement to police cannot be used as evidence.
Court of Queen's Bench Justice Rob Graesser says it would be unfair to allow prosecutors to use the statement because it was introduced on the eve of trial.
Neither the Crown nor the defence are to call any additional evidence, so final arguments have been set for Sept. 20.
"We will be taking the position that the Crown simply hasn't proven the guilt of Ms. Mack -- proof beyond a reasonable doubt," defence lawyer Ajay Juneja said outside court.
He said Monday's decision by the judge was significant but that the statement isn't overly important to his client's case.
"There were certain things said in that statement that could properly be construed in favour of the prosecution," said Juneja. "But there was no confession or nothing overwhelmingly conclusive of guilt or innocence in the statement."
