A sentencing decision for a Saskatchewan father who withheld his seven-year-old daughter from her mother for more than 100 days in 2021 and 2022 in an attempt to prevent her from getting a COVID-19 vaccine is now in the hands of a Court of King’s Bench judge.

Michael Gordon Jackson, 55, was found guilty of contravention or a custody order by a jury following two weeks of court proceedings in April.

The Crown asked for a two-year prison sentence credited with time served on remand, plus three years of probation and 200 hours of community service.

Jackson, who represented himself throughout the proceedings, initially delayed announcing his sentence submission in August after saying he never received the Crown’s nor his Amicus’ submission briefs until arriving at court the morning of.

Justice Heather MacMillian-Brown, who is preceding over the case, allowed Jackson to August 19 to bring his submissions.

There, he voiced his belief spending more than two and a half years apart from his daughter has been punishment enough.

Jackson then went on to detail allegations of mistreatment he received while being held on remand. Testifing under oath that during his time behind bars he was singled out saying other inmates meddled with his food and that his cell was trashed by guards during searches.

Crown Prosecutor Zoe Kim-Zeggelaar asked for an adjournment before completing a cross examination in order to review the testimony and potentially investigate the claims further.

Back in court

When court resumed Monday, Kim-Zeggelaar notified the judge she felt no further cross examination would be needed.

“What appeared to be where [Jackson] was going with the evidence ultimately was not where the evidence ended up,” she said.

Jackson challenged the Crown saying he expected further investigation.

“I find it strange my hearing was stopped, delayed two months and only days later [she] said, ‘no, we’re not going to do anything,” he told the judge.

“It would have been unfair for me as the trial judge, working in the best interest of justice, to write a decision not taking [the allegations] into account,” Justice MacMillian-Brown responded. “That’s why I told you, ‘if you want me to consider this, you’ll have to take the stand.”

“The allegations were serious and the Crown was not expecting them … it’s entirely up to the Crown as to whether she was going to cross-examine and further or call any witnesses,” she added.

“It’s unjust the way you handled that situation,” Jackson claimed.

Sentencing submissions

Jackson reiterated Monday he has faced more than enough punishment for his actions.

“Any probation given out after everything I just presented is only to further punish me with zero benefits for any of the parties involved,” he argued. “I also do not support nor understand the reasoning behind the crowns request.”

Jackson likened his situation to that of Dawn Walker, a Sask. mother who faked her and her son’s death to flee to Oregon.

She was handed a 12-month conditional sentence, following 18 months of probation for contravention of a custody order, among other charges.

“I was shocked the Crown wants more jail time and wants to set an example [of me],” Jackson said. “Yet the same court system in the same province does nothing for this woman for what she did.”

“I think this shows the Crown has undue bias against me,” he added.

During his argument Jackson suggested this case could set a precedent for similar cases around the world.

“This case is one of the first cases globally that addresses all of the legal and practical aspects surrounding protection of children worldwide,” he said.

In her reply, Kim-Zeggelaar argued Jackson has ‘unwavering in his reasoning’ and warned he may offend again if not incarcerated.

“Mr. Jackson has painted himself a martyr to his noble and righteous motives,” she said. “And would have this court conclude, ‘if your motives are pure, he ought not receive some credit for that.”

“There is risk here. If the conditions were the same and he thinks he needs to do it again, he will,” Kim-Zeggelaar added.

Conditional sentence possibility

Justice MacMillian-Brown has said this case has the potential to be “ripe for a conditional sentence order (CSO).”

A conditional sentence is served in the community, not behind bars, often with several restrictions in place.

Both Jackson and the Crown disagree with a CSO, but for the differing reasons as laid out in both sides sentencing submissions.

However, should the judge impose a conditional sentence, the Crown is seeking the orders to include Jackson report and maintain an address, a curfew, a probation on possessing firearms, drugs, or alcohol as well as maintaining the current court-imposed non-contract order with his ex-wife and daughter.

Justice MacMillian-Brown will issue her sentence on Dec. 6.