Sask. man who took daughter to avoid COVID-19 vaccine has appeal dismissed

A man who took his child to avoid a COVID-19 vaccine has lost his appeal at Saskatchewan's highest court.

A man who withheld his daughter for nearly 100 days to prevent her from getting a COVID-19 vaccine has had his appeal dismissed by Saskatchewan’s highest court.

The Court of Appeal issued its unanimous decision on Tuesday, dismissing Michael Gordon Jackson’s conviction and sentence appeals but granting him leave to appeal his sentence.

The Saskatchewan man withheld his then seven-year-old daughter from her mother from December 2021 to February 2022 to prevent the girl from getting a COVID-19 vaccine.

Police found Jackson with his daughter in Vernon, B.C., in late February. A jury found the 55-year-old from Carievale, Sask., guilty on Apr. 19, 2024.

In his defence, Jackson argued his conviction represents a “miscarriage of justice” and his actions were spurred by a need to protect his daughter.

This sentiment was not shared by Justice Jerome Tholl, who wrote in the court’s decision that the trial judge made no errors treating Jackson’s motivations as mitigating factors.

“The presence of a seemingly benign motive for committing a criminal offence is not mitigating to the point that it is an error in principle to fail to explicitly account for it,” Tholl wrote.

“… It was the view of the trial judge that Mr. Jackson’s motivation did not reduce the moral blameworthiness of his conduct. That was a finding she was entitled to make. The trial judge did not err in principle in relation to Mr. Jackson’s motivation.”

Jackson was credited for the 541 days he previously spent in custody on remand — meaning he walked out of the court on the day of his sentencing a free man — subject to the terms of his probation.

During the appeal process, Jackson claimed the time he has spent away from his daughter and his time already served was punishment enough. At the date of his appeal, Jackson told CTV News he had not spoken to his daughter in four years.

Jackson will be able to appeal his sentence to the Supreme Court of Canada.

With files from Sierra D’Souza Butts

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