Case information

Criminal Law — Sentencing — What is a fit sentence for child abduction? — What are the principles governing appellate review and parity in sentencing? — Whether R. v. Friesen applies to sentencing for child abduction — Criminal Code, R.S.C., 1985, c. C-46, s. 718.01.

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(PUBLICATION BAN IN CASE)

The applicant and his ex-wife had a child during their marriage. After the daughter was born, the parties separated and eventually divorced; a parenting order gave the mother sole decision-making authority with parenting time to the applicant. The mother signed a Travel Consent for the child to travel with the applicant to Egypt for a vacation during the summer. Shortly after their arrival in Egypt, the travel itinerary was changed and the applicant and child travelled to Iraq. The child did not return as scheduled and remained in Iraq.

The applicant was charged with child abduction and kidnapping when he returned (without the child) to Canada. At trial, he was acquitted of kidnapping but convicted of child abduction, and he was sentenced to 28 months’ incarceration. On appeal, the majority increased the sentence to eight years, less time served. In a concurring opinion, Wakeling J.A. would also have increased the sentence to eight years but would have also set out a framework for appellate courts to issue “guideline” sentencing decisions that include “starting points” for different offences.