The Crown Seeks Dismissal of Father's Appeal in Saskatchewan Abduction Case
The Crown is seeking the dismissal of an appeal by a father convicted of abduction in Saskatchewan. Michael Gordon Jackson was found guilty of abducting his daughter in violation of a parenting order in April 2024. He took his daughter on the run to prevent her from receiving the COVID-19 vaccine. Jackson was sentenced to one year in prison, but it was considered served due to time spent on remand. He also received two years of probation. Jackson appealed his conviction and sentence, claiming errors by the trial judge. The Crown argues against Jackson's appeal, stating that the defence of necessity was not applicable in his case and that the judge did not make mistakes in sentencing him.
The Crown's written arguments, presented in a document known as a "factum," challenge Jackson's assertion that the jury should have considered the defence of necessity. The abduction charge against Jackson occurred between December 2021 and January 2022, with him being found in Vernon, B.C., in February 2022. Jackson testified that he took his daughter to prevent her from getting vaccinated. The Crown argues that the defence of necessity requires specific criteria to be met, which were not present in Jackson's case.
In addition to disputing the necessity defence, the Crown addresses Jackson's argument regarding his sentence. Jackson was previously found in contempt of court for failing to return his daughter to her mother as per a court order. He claimed that the judge should have considered the 60-day sentence for contempt when determining his abduction conviction sentence. The Crown argues that there was no error in the sentencing and that the judge appropriately accounted for pre-sentence custody credit.
Furthermore, Jackson contended that the judge did not consider his motivations for taking his daughter on the run. The Crown acknowledges Jackson's intentions but asserts that his actions were still blameworthy. The judge's assessment of the situation was deemed appropriate by the Crown, and no legal errors were made in sentencing. The Crown urges the court to either reject Jackson's sentence appeal or not consider it at all.
The court is set to hear oral arguments from both parties in early April. The Regina Leader-Post offers an Afternoon Headlines newsletter for daily news updates. Stay informed by visiting leaderpost.com and subscribing to newsletters for the latest news.