A provincial court has ordered Aset Magomadova to undergo a new trial in connection with the murder of her daughter four years ago.
Magomadova was convicted of manslaughter in the death of her 14-year-old daughter Aminat in 2007.
She left court a free woman in July 2010 after a judge handed her a suspended sentence and three years probation.
During the first trial, Magomadova told court Aminat attacked her with a chair and threatened her with a knife before she strangled the girl with a scarf. She testified Aminat never really adjusted to life in Canada and got in trouble with the law and drugs.
The judge rejected self defence, but decided against jail time saying that would be more about vengeance than justice. Instead, Magomadova will be on probation for three years.
The crown originally asked for 12 years in jail.
Magomadova's defence lawyer, Alain Hepner, claimed that his client had already suffered greatly. Her husband was killed by a bomb in Chechnya and her only other child, a teenage boy, has a terminal illness.
Magomadova had to abide by some conditions during her probation and can't own weapons and had to undergo counseling for depression. She's was also ordered to attend anger management classes.
Aset Magomadova will now face a new trial for second degree murder.
A date for the trial has not yet been determined.
