In a Toronto courtroom marked by raw emotion, a young mother was sentenced to prison for the preventable bathtub drowning death of her toddler son, a tragedy a judge said was the result of a profound failure.
A Judge's Emotional Pronouncement
Superior Court Justice Jane Kelly struggled to maintain her composure while delivering the sentence in a downtown Toronto courtroom on Thursday. The case involved the senseless and preventable death of 15-month-old Mashiach, who drowned on November 5, 2022, after his mother left him alone in a full bathtub.
"Mashiach was completely dependent on his mother to be protected in the circumstances. She failed him," Justice Kelly stated, her voice breaking. The judge noted that the mother, Tajah Henry, now 22, had donned headphones, likely preventing her from hearing any distress from her son as he became submerged.
A History of Warnings and Tragic Neglect
The court heard that Henry had been cautioned multiple times by the Children's Aid Society (CAS) against leaving her son unattended. Despite these warnings, on the day of the tragedy, she left Mashiach in a tub filled with approximately 10 inches of water for an estimated five to ten minutes while she cleaned another part of the apartment.
There was no safety equipment—no baby seat, support, or anti-slip mat—in the tub. Henry, who had pleaded guilty to manslaughter in July 2024, was free on bail until her sentencing hearing.
Crown attorneys Adriana Moser and Bev Olesko argued for a four-year penitentiary sentence, while Henry's lawyer, Janelle Belton, requested a conditional sentence to be served in the community. Justice Kelly imposed a three-year prison term, stating that house arrest was insufficient for accountability and that the sentence must deter others.
A Life of Trauma and Systemic Failure
The sentencing explored Henry's deeply troubled background. She became a Crown ward at age seven due to neglect and physical abuse, cycling through foster and group homes until she aged out at 17. She gave birth to Mashiach just three weeks after her 18th birthday.
Mashiach was apprehended by CAS at birth and was not returned to his mother for 66 days. Even after his return, prior incidents foreshadowed the ultimate tragedy. When Mashiach was three months old, he slipped through a chair's armrests while Henry stepped away. At five months, he rolled off a bed. Both times, Henry called 911 and informed CAS, receiving repeated instructions to use a provided playpen and never leave him alone.
"How many chances did CAS give her? Where was child protection?" the judge's reasoning implicitly questioned, pointing to broader systemic failures alongside the mother's direct responsibility.
On the afternoon of November 5, 2022, Henry's frantic 911 call reported, "My son drowned… he's not breathing. He was under the water." Despite efforts by first responders, Mashiach could not be revived. Henry did not perform CPR, stating she did not know how.
Wiping away tears, Tajah Henry, who sported turquoise hair for the sentencing, was taken into custody in handcuffs to begin serving her sentence. Justice Kelly concluded that while Henry's traumatic upbringing was a factor, the death of a vulnerable child who "never stood a chance" demanded a strong denunciatory sentence.
