Dad lashes out after conviction in son’s death upheld

Tamara Lovett, who was convicted in January of criminal negligence in the infection-related death of her son, will learn her fate Friday.

Among the possible outcomes for Lovett is a ruling she wasn’t tried in a reasonable amount of time, ending her prosecution before she can be sentenced.

Justice Kristine Eidsvik is scheduled to decide whether Lovett’s Charter right was breached because it took too long for the Crown to bring her justice.

Defence counsel Alain Hepner argued in October that the 38 months it took from the time Lovett was charged to her conviction violated her right to be tried within a reasonable time.

If Eidsvik agrees, Lovett will be freed instead of sent to jail.

The judge said following arguments by Hepner and Crown prosecutor Jonathan Hak she would be proceeding to sentencing if she rejects the Charter argument.

Lovett, 48, was convicted in January of criminal negligence causing death in the fatal illness of her son, Ryan.

Ryan Lovett, seven, died March 2, 2013, after his mom continued to treat the gravely ill boy with “natural” remedies, instead of getting him professional medical care, which would have saved his life.

In convicting her, Eidsvik found Lovett gambled with the boy’s life by sticking to her belief system, ultimately losing that gamble.

At her September sentencing hearing, Lovett said she no longer adheres to the belief system that led her to treat the dying boy with oil of oregano and dandelion tea.

Hepner argued his client’s conviction should result in a one-year jail term followed by probation.

But Hak is seeking a much more severe penalty, arguing for a penitentiary term of four to five years.

At her sentencing hearing, the Calgary woman said she now understands she acted wrong.

“Every day I punish myself. I think of Ryan and blame myself for not knowing better,” Lovett said following Crown and defence sentencing submissions.

“At the time, I believed I was doing the best for my children,” said Lovett, who also has an older son who was not under her care. “I hope others learn from my ignorance.”

In her ruling, Eidsvik said Ryan’s critical but treatable illness would have been evident to Lovett more than a week before he died from overwhelming sepsis related to a streptococcus infection.

“I do not believe that Ms. Lovett was unaware that Ryan was suffering from a very serious and worsening infective process,” the judge said, in rejecting the woman’s claim she believed her son had a bad cold.

“Nor do I accept that she was unaware that her efforts of treatment with her so-called ‘natural’ remedies were not working. She knew he was getting worse, yet continued along the same course until it was too late.”