At issue is whether April Dawn Halkett should be held criminally responsible for abandoning the baby boy.
Halkett gave birth in the store washroom on May 21, 2007.
At earlier trials, court heard that she did not know that she was pregnant and that, right after giving birth, the baby was blue and not moving. She left the store almost immediately after having the baby.
The newborn was revived by store staff.
Halkett was charged with endangering the life of a child under the age of ten by unlawfully abandoning it. She was acquitted on that charge in Court of Queen's Bench in June of 2009.
The Crown appealed that acquittal.
In January, 2011 the province's Court of Appeal upheld the lower court ruling.
The Crown then appealed that decision to the Supreme Court. It heard the case last October.