The Ontario Court of Appeal will hear the case of the last known parent who remained behind bars based on the testimony of disgraced pathologist Dr. Charles Smith.

Tammy Marquardt was convicted of second-degree murder in the death of her son Kenneth and was handed a life sentence in 1995.

On Thursday, the Supreme Court of Canada sent the case to Ontario’s top court to weigh fresh evidence and whether the conviction constitutes a miscarriage of justice.

“We’re going to have this case back and essentially redo it in the Ontario Court of Appeal,” said Marquardt’s lawyer, James Lockyer of the Association in Defence of the Wrongly Convicted.

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