Woman who buried newborn’s body in basement sentenced to three years probation

Society failed to help Winnie Ensor and bears some responsibility for what tragically unfolded when she gave birth alone in a vacant Hamilton townhouse more than a year ago, an Ontario Court Justice concluded.

Ensor's life is a chilling picture of intergenerational abuse and addiction ... homelessness and mental-health issues," Judge Marjoh Agro said in court Monday.

That those needs were not adequately addressed by caregivers, school, health care and social services contributed to the commission this offence, Agro said.

I find her moral blameworthiness to be significantly diminished."

Ensor was homeless, addicted to crystal meth and squatting with her then-boyfriend Nathan O'Brien in a vacant Wellington Street North townhouse in February 2021 when she went into labour alone. The then-24-year-old woman didn't know she was pregnant.

When her daughter was born, Ensor said she heard a faint cry and felt a small kick. Moments after, the baby, still in her pants, was lifeless. However, court heard autopsy results were inconclusive. It's not clear if the baby was born alive, or what caused her death; there was methamphetamine in her body.

When O'Brien returned hours later the baby was obviously dead. He helped Ensor remove her pants, and their daughter's body was wrapped in a towel and put in another room. They never sought medical attention. Instead, they buried her in the basement of the home, which had no heat or running water, several days later on Feb. 23.

In January, Ensor pleaded guilty to disposing of her child's body with intent to conceal that she had given birth. Other charges, including criminal negligence causing death, have been withdrawn.

On Monday, she was sentenced to time-served (she was given credit for 90 days in pretrial custody), plus three years of probation.

The sense of outrage and the urgent need to understand what happened are overwhelming," Agro said, acknowledging the suspicion and concern in the Hamilton community about the death of baby Ensor."

O'Brien pleaded guilty to indignity to a dead body in December and was sentenced to time-served, plus 12 months of probation.

These events at the time they happened had an impact and really shocked the community," assistant Crown attorney Brian Adsett said in court Monday.

But he also acknowledged Ensor's difficult life and intellectual disability that made it appropriate to withdraw the more serious charge and seek no further jail time.

Ensor didn't have the life skills to look after herself let alone a child," he said.

According to her pre-sentence report, she told the probation officer that people think I am a murderer; I am not."

The pre-sentence report details the abuse and troubles Ensor faced throughout her difficult life, from being abandoned at two, to being repeatedly abused, to ending up in the foster care system and becoming homeless at 18. It was after she was 18 that her problems with crystal meth began, developing into a daily habit.

A forensic psychiatric assessment at St. Joseph's West 5th showed she had substance-use disorder, and anxiety and depression related to PTSD. She also has a mild to moderate intellectual disability.

Ensor did not remember details about her childhood and youth. Much of the information was shared by Ensor's aunt, who has been her supporter since her arrest.

The probation officer wondered if Ensor had memory loss from the trauma she faced.

Teachers and others who knew her in high school described her as kind, happy and polite. One called her sunshine." But her vulnerabilities were also clear.

The probation officer found Ensor remains vulnerable to further trauma in the social context." Proper supports are needed.

I do not believe Miss Ensor is a threat to society at large," Agro concluded. If her needs are not met, she is a bigger danger to herself."

Since her arrest and release on bail she was living with her aunt and doing well, her lawyer Joe Chrolavicius.

In court Monday, Ensor stood and nodded her head as Agro explained her probation conditions.

I have a hard time undertaking some stuff," she told the court.

I can't talk about it ... the baby thing ... I get really overwhelmed."

Agro assured her that the counselling would take some time for her to work through her issues.

Ensor's three-year probation conditions include not having contact with O'Brien or others who have criminal records and attending any counselling required by her probation officer.

Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com