Saskatchewan man who took daughter to avoid COVID-19 vaccine argues case at Court of Appeal

A Sask. father found guilty of abducting his daughter to avoid a COVID-19 vaccine is appealing his conviction. Sierra D’Souza Butts reports.

Michael Gordon Jackson, the man convicted of withholding his daughter in violation of a custody order, has presented his appeal to Saskatchewan’s highest court.

On Monday, the court heard oral arguments from defence lawyer Thomas Hynes and Crown counsel Pouria Tabrizi-Reardigan.

Jackson withheld his then seven-year-old daughter from her mother for nearly 100 days from December 2021 to February 2022 to prevent the child from getting a COVID-19 vaccination.

He was eventually found with his daughter in Vernon, B.C.

Jackson was tried and found guilty in late 2024. He was sentenced to 12 months in prison and 200 days of probation.

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In the appeal request, the defence argued that Jackson should receive a retrial in addition to a reduced sentence.

On Monday morning, Hynes argued that Jackson had “no other legal alternatives” when taking his daughter.

“There were sufficient steps along the way that [were] made,” said Hynes, referring to Jackson attempting to take the matter to court twice leading up to his charge. “There was an error of reality to inference that there were no more reasonable legal alternatives to a similar situated person like Mr. Jackson.”

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He added the trial judge failed to consider Jackson’s motivation was in the best interest of his child and not his own.

“An offender’s motivation for a child abduction offence - specifically if the offender is motivated by the best interest or their perception of the best interest of the child - those motivations act as a litigating factor in that sentence,” Hynes argued.

During the Crown’s submission, Tabrizi-Reardigan argued Jackson was aware of alternative courses of action.

“By his own account he acknowledged he could have gone to court. He acknowledged he was aware of lawful alternatives, he chose not to pursue them,” said Tabrizi-Reardigan. “… because he believed the courts were biased. Biased towards vaccinations and biased towards fathers.”

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Jackson told CTV News he wanted to appeal the case because he feels the jury did not have an opportunity to consider the intent behind his decision to take his daughter.

“They’re saying that two and a half months of my wife not seeing my daughter was far greater harm than the side effects of the vaccine,” Jackson said. “Now, I’m not saying everybody suffered effects from the vaccine because there’s lots of people who got it and had no issues, but there’s lots of people who did.”

Since the start of legal proceedings, Jackson said he has suffered due to not being able to contact his daughter. He told CTV News he has not spoken to her in four years.

“Because I’ve been fighting in this appeal court for years against these same judges who are ruling and making these decisions, ruling me out of my daughter’s life. I’ve never been accused of anything bad with my daughter ever.”

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.

• Sask. man who withheld daughter to prevent COVID vaccination appeals conviction

The court has reserved its decision to consider the Crown’s and defence’s submissions for whether or not a retrial will take place.