A young Toronto mother who pleaded guilty to manslaughter after her 15-month-old son drowned in a bathtub told a judge that coming to court forces her to relive “the worst day” of her life — the day she lost her child.
“Due to my own negligence, Mashiach is not four years old this year, and that guilt haunts every fibre of my being,” wrote 22-year-old Tajah Henry in a letter to the court. “I promise, Mashiach’s death was not on purpose. I made a grave unintended mistake.”
In July 2024, Henry pleaded guilty to manslaughter, admitting that on Nov. 5, 2022, her 15-month-old son, Mashiach Henry, drowned after she left him unattended in a bathtub inside their apartment.
According to an agreed statement of facts, Henry had been in the care of the Children’s Aid Society (CAS) since age seven.
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She became pregnant while still a Crown ward and gave birth to Mashiach shortly after turning 18.
“I promise, Mashiach’s death was not on purpose. I made a grave unintended mistake. I promise you,” she added.
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Assistant Crown attorneys Adriana Moser and Beverley Olesko argued for a four-year prison sentence, calling Henry’s actions a foreseeable and serious risk that resulted in the baby’s death.
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“Leaving a nearly 15-month-old child unattended in a bathtub filled with water to the overflow drain, without a mat or seat, when Mashiach himself was not walking and weighed only 20 pounds … This falls on the higher end of the spectrum,” Moser told Superior Court Justice Jane Kelly.
Moser said Henry had been warned twice by CAS about leaving her child unattended. In November 2021, Mashiach fell from a chair after Henry stepped away briefly, and in January 2022, he rolled off a bed. Both times, he was taken to hospital, and Henry was cautioned not to leave him alone.
Despite those warnings, Moser said Henry left Mashiach for five to 10 minutes with the bathroom door ajar, while she cleaned and listened to music with headphones.
“It’s a very long time to be left alone submerged under water,” she said. “Mashiach Henry lost his life. It’s the ultimate result of parental neglect.”
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Defence lawyer Janelle Belton said a more appropriate sentence would be two years less a day served in a conditional sentence order (CSO). A CSO is a form of incarceration in the community to be served under house arrest.
Belton told the court that after Mashiach’s death, Henry became homeless, struggled with alcohol, and attempted suicide.
She said her client did not fully appreciate the danger at the time, describing her as an overwhelmed young mother with a history of neglect and abuse.
Belton said Henry had drawn a warm bath to help relieve her son’s cold and left briefly to clean food off the floor before returning to find him unresponsive. She called 911 immediately.
“Her circumstances are mitigating,” Belton said. “They had an impact on her behaviour, which resulted in the death of her child.”
Belton said Henry is now rebuilding her life. She has stable housing, a dog, and is completing her high school education.
“If she were taken into custody, she would lose her housing and would be once again isolated. The separation from her family would be highly traumatic.”
Belton added that Henry is not a danger to society and said she will never commit a similar offence again.
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The judge has reserved her decision on sentence until the new year.
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