OTTAWA - Canada's top court has reserved its decision on whether to order a new trial for a Calgary woman convicted of infanticide after tossing three of her newborns into the garbage.

Meredith Borowiec was originally charged with two counts of second-degree murder in the deaths of two of her children in 2008 and 2009.

A third infant born in 2010 survived when the baby's father, not knowing it was his child, helped pull the newborn out of a neighbourhood trash bin after a passerby heard cries.

The trial judge ruled that Borowiec was suffering from a mental disturbance at the time and found her guilty of the lesser crime of infanticide and an additional charge of aggravated assault.

Alberta's Crown argued this morning that the charge of infanticide is outdated and requested a new trial on charges of second-degree murder.

Borowiec's lawyer is asking for the appeal to be dismissed, saying in this case infanticide was appropriate.