The Crown has made its sentence submissions for Michael Gordon Jackson, the Saskatchewan man found guilty of withholding his daughter to prevent her from receiving a COVID-19 vaccine.
Jackson, 55, was found guilty by a jury in April following two weeks of court proceedings for contravention of a custody order for withholding his then seven-year-old daughter from her mother in late 2021 and early 2022.
As part of her submissions, Crown Prosecutor Zoe Kim Zeggelaar submitted her arguments to the court for a two-year prison sentence.
“General deterrence sends a message,” she said.
In addition to time behind bars, Kim Zeggelar also requested three years of probation plus 200 hours community service.
“This sentence speaks to the need to denounce and deter [Jackson’s conduct],” she said.
Court also heard from the girl’s mother once again.
For the final time in the courtroom, she recounted the nearly 100 days away from her daughter and the emotional toll it had on her.
“The months [my daughter] was missing were so unbearable,” she read to the court. “As a mother, I almost lost my mind.”
The mother says she has developed anxiety and been diagnosed with post-traumatic stress disorder as a result of the events of late 2021.
“As the days turned into weeks and the weeks into months, I began to feel helpless and hopeless,” she said. “I would pray to God to help me so I could be with my daughter once again.”
Before being granted bail, Jackson spent over a year in custody and is credited with serving 541 days behind bars, leaving 199 remaining of the requested two-year sentence.
Delayed proceedings
Friday morning’s proceedings were slightly delayed.
Along with the Crown submitting its arguments, Jackson, who is representing himself, was also scheduled to submit his sentence request.
Before arguments were heard, Jackson requested an adjournment of a week because he said he did not receive the Crown’s nor his Amicus Curiae’s arguments until arriving at the courthouse in the morning.
“I am just asking for time,” Jackson said. “That would be a rush considering the seriousness of the situation.”
Jackson said due to a technical issue, he did not receive the Crown’s brief in an email before Friday’s proceedings.
Justice Heather MacMillian-Brown questioned his reasoning.
“Why would you not have asked for a conference call?” she asked Jackson. “Why would you not have asked [the Amicus] what this is and what it is about?”
The Crown apologized for not making the emailed attachment explicitly clear.
However, Justice MacMillian-Brown did grant Jackson more time to review both briefs and time to write his defence arguments.
“You have the right to make submission,” she told Jackson. “I don’t want to short change you.”
Jackson will make his defence sentencing submission Aug. 19.
Justice MacMillian-Brown will hand down her final sentence decision Oct. 21.