A Toronto woman who left her almost 15-month-old baby boy unattended in a bathtub filled with water, resulting in the child drowning despite being cautioned twice before by the Children’s Aid Society (CAS) about the risk of leaving the baby unattended, has been sentenced to three years in a federal penitentiary.
Tajah Henry showed no emotion as Superior Court Justice Jane Kelly explained the reasons a custodial sentence was necessary on Thursday, rejecting the defence’s position that a sentence to be served in the community was appropriate. Kelly’s voice cracked and she appeared emotional at one point before pausing for nearly a minute, during her remarks.
“Mashiach suffered the ultimate consequences of his mother’s neglect: death. The harm caused is devasting and irreparable,” said Kelly.
“Mashiach’s death could have been avoided. The sentence imposed for Ms. Henry’s conduct must deter others and therefore must be a strong denunciatory sentence. I am satisfied that the objectives of denunciation and deterrence require the incarceration of Ms. Henry. The imposition of a conditional sentence, in these circumstances, would not be consistent with the fundamental purpose and principles of sentencing.”
According to an agreed statement of facts read out when Henry pleaded guilty to manslaughter in July 2024, Henry called 911 at 4:26 p.m. on Nov. 5, 2022, and reported that she had left her baby unattended in the bath and that he had drowned.
Henry, who was 19 at the time, told the dispatcher her son “was turning blue, was not breathing and was under the water.” Henry told the dispatcher she didn’t know how to do CPR and later attempted mouth-to-mouth resuscitation but failed.
When first responders arrived, Mashiach was on the floor in the hallway outside the bathroom. Despite life-saving efforts, the baby could not be saved. Mashiach never regained a heartbeat and was pronounced dead at Scarborough General Hospital.
Henry told a police officer on the way to the hospital that Mashiach had been sick and put him in the tub “for the steam.” She then closed the door, leaving it open slightly, put on headphones on low, and started to clean the apartment.
Henry told the officer she went to check him after five to 10 minutes. When she got to the tub, Mashiach was on his back and under the water. She took him out of the tub and started pushing his chest, but she thought she was doing it wrong. She then called 911.
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According to the facts, Henry, who from the age of seven was a crown ward, became pregnant with Mashiach when she was 18. While no longer a ward of the CAS at the time of his birth, Mashiach was apprehended immediately after he was born. After 66 days, Mashiach was returned to Henry’s care with the continued involvement of the CAS.
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It is agreed upon that on Nov. 2, 2021, when Mashiach was approximately three months old, Henry placed him on a chair while she was packing a suitcase nearby. She stepped away for one second and Mashiach slipped through the chair arm rests. She called 911 immediately. The baby was taken to hospital and monitored for six hours.
Henry advised the CAS of the incident. CAS provided the young mother with a playpen to use when she needed to step away from Mashiach.
In January 2022, when Mashiach was approximately five months old, he rolled off the bed while Henry was eating lunch next to him. She called 911 and informed CAS. Paramedics advised the mother the baby was fine but brought him to hospital to be seen by a doctor. Mashiach was released with no medical concerns. Henry agreed not to leave Mashiach unattended, even for short periods of time and to use the playpen if she needed to step away.
Kelly noted in her reasons for sentence that Henry pleaded guilty, which is a sign of remorse and expressed her remorse in a letter, which the judge accepted as sincere.
Kelly said she struggled with a difficult decision explaining the death of a small child by drowning due to the inattention of his mother called for a term of incarceration. She said, on the other hand, Henry’s personal circumstances suggest that incarceration is not necessary.
“It was objectively foreseeable that by leaving 15-month-old Mashiach unattended for five to 10 minutes in a bathtub filled with water posed a risk of bodily harm that was neither trivial nor transitory. Ms. Henry’s conduct fell below the standard expected of a reasonably prudent parent in the circumstances,” said Kelly, calling it a devastating breach of trust.
Kelly also found that despite being only 19 at the time of Mashiach’s death and her upbringing involving trauma and neglect, Henry had been advised on several occasions not to leave Mashiach unattended, yet she chose to do so.
“While Ms. Henry was concerned about Mashiach’s health, she left her 15-month-old son unattended in a bathtub, filled with water, without supervision or support. He was unable to walk, He was unable to protect himself against drowning. Mashiach was totally dependent on his mother. She failed him. She must be held accountable,” Kelly concluded.
Crown prosecutors have suggested a sentence of four years in prison would be appropriate.
Henry, who has been out on bail since being charged more than three years ago, was walked into custody to begin serving her sentence.
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