Jun 5, 1998
Apr 12, 2021
Ontario
9 months
Joyce Hayman
Joyce was convicted in 1998 primarily on the now discredited work of the former Motherisk drug testing lab at Toronto’s Hospital for Sick Children. The flawed tests suggested that Joyce’s 5-year-old son had repeatedly ingested cocaine. There was no confirmatory test done. Her son was removed from her care. Joyce was sentenced to two years less a day. Joyce’s case was discovered in 2018 as a part of an ongoing investigation into Motherisk. In 2021, twenty-three years after her wrongful conviction, Joyce was acquitted by the Ontario Court of Appeal. The publication ban on her name was also lifted by the court, which had been imposed in 2019 when her case was reopened. Lifting the ban allows her to be clearly seen as innocent by her sons and the public.
Legal Materials
The journey
to justice
April 21
A babysitter took Joyce’s son, Randy Hayman, to the Toronto Western Hospital, concerned he might have overdosed on Ritalin. It was confirmed he had a mild overdose and was referred to The Hospital for Sick Children’s (HSC) general pediatric clinic.
May 26
Joyce took Randy to HSC. Joyce informed them she had been giving Randy ritalin purchased on the street. HSC provided her a prescription for Ritalin in a reduced dosage.
June 6
Randy tested positive for cocaine in his urine sample, and his hair was taken for further testing by the SickKids’ Motherisk Drug Testing Lab. CAS apprehended Randy, and the police were contacted.
June 5
Joyce was convicted of criminal negligence and administering a noxious substance to her 5-year-old son, Randy Hayman.
July 22
Joyce was sentenced to 2 years less a day, and her son was removed from her care.
The Toronto Star discovered Joyce’s case as part of an ongoing investigation into Motherisk. The Star informed James Lockyer about the Hayman case, and he vowed to help her clear her name.
April 12
The Ontario Court of Appeal acquitted Joyce.
The Case
In June 1996, Joyce Hayman brought her four-year-old son, Randy, to Toronto’s Hospital for Sick Children (SickKids) after a babysitter had taken him to Toronto Western Hospital, concerned about a possible Ritalin overdose. It was confirmed that Randy had a mild overdose, and Joyce admitted she had been administering street-purchased Ritalin. SickKids provided a prescription for a reduced dosage.
During the visit, Randy’s urine tested positive for cocaine. His hair was subsequently tested by the hospital’s Motherisk Drug Testing Laboratory (MDTL), which claimed he had ingested cocaine repeatedly. Based on these results, the Children’s Aid Society apprehended Randy, and police were contacted.
In July 1996, Joyce was charged with administering a noxious substance and criminal negligence, causing bodily harm. Despite denying ever giving her son cocaine and acknowledging her own struggles with addiction, she was convicted in a judge-alone trial on June 5, 1998. The court sentenced her to two years less a day, and her son was permanently removed from her care.
The Fight for Justice
Joyce initially attempted to appeal her conviction and sentence, but had to abandon the appeal due to financial constraints. She was denied bail and served her sentence.
Years later, fresh evidence emerged discrediting the reliability of Motherisk’s hair testing methods. Two published reports confirmed that the lab’s procedures were scientifically unsound and inappropriate for use in criminal or child protection cases.
In 2018, the Toronto Star uncovered Joyce’s case during its investigation into Motherisk. Lawyer James Lockyer took up her cause, and in 2019, with the Crown’s consent, the Ontario Court of Appeal reopened her conviction appeal. The Court found that Joyce had suffered an “egregious miscarriage of justice” and that her conviction was based entirely on flawed evidence from the now-discredited MDTL.
The Exoneration
On April 12, 2021, twenty-three years after her wrongful conviction, Joyce Hayman was acquitted by the Ontario Court of Appeal. The Court acknowledged the profound impact the sentence had on her life, including the loss of her children and the burden of a serious criminal record.
Chief Justice Michael Fairburn stated,
“Ms. Hayman is truly the victim of a faulty criminal process.”
Crown counsel Elise Nakelsky expressed sympathy, noting that:
“(Joyce) should not have been convicted, and she has endured tremendous hardship as a result.”
The court also lifted the publication ban on Joyce’s name, allowing her to be publicly recognized as innocent, an essential step in restoring her dignity and reputation in the eyes of her children and the public.
Photograph of Joyce by photographer Richard Lautens