A northern Manitoba man accused of second-degree murder in the death of his 13-month-old foster son is a free man after a judge ruled evidence was lacking in the case.

Roderick Blacksmith was acquitted on Friday, according to his lawyer, Saul Simmonds.

Simmonds told CBC the judge agreed with his argument that the Crown had put forward no evidence against his client in the child's death, and the judge has acquitted Blacksmith.

Simmonds also said Sunday the case will be back in court on Wednesday and that the judge is considering having the crown pay the court costs in the case.

Cameron Ouskan died Nov. 12, 2008, after he was rushed to hospital in the small town of Gillam, then transferred to hospital in Thompson, where he died the following day.

Court heard during the trial that by the time the baby arrived at the hospital he was unresponsive and covered in vomit. 

Police said an autopsy had determined that Ouskan’s death was a homicide.

Ouskan was in foster care in Gillam for 10 months before his death, his care overseen by Awasis, an aboriginal child and family services agency that serves 12 First Nations.

Blacksmith's acquittal comes on the heels of a massive report into the death of another child who was in and out of foster care during her short life, Phoenix Sinclair.

Gillam is about 1,000 kilometres north of Winnipeg.