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Charter application delayed in alleged child abduction case

May 29, 2018 | 1:53 PM

LETHBRIDGE – A hearing centred around the case of a 33-year-old woman accused of abducting her child and fleeing to Belize has been delayed, as the Crown works to gain access to authorities in the South American country.

The woman cannot be named to protect the identity of her child.

Defence lawyer Bill Wister filed the application under the Canadian Charter of Rights and Freedoms last month, and the hearing was expected to begin Tuesday, May 29. Wister explained that he feels his client was denied fundamental justice by Canadian officials, saying they had no right to have her arrested on foreign soil and sent back to Canada. During an earlier court appearance, Wister said the arrest and deportation by Belizean authorities amounted to a “disguised extradition” with a country that we share no such treaty with.

For the defence application, police officials in Belize are needed to testify in the hearing via CCTV, however, specialized prosecutor Tony Bell explained that Canada and Belize do not have a treaty known an MLAT (mutual legal assistance treaty), in which signatories will share information gathered in their country for a legal matter in another nation.

He did note that both countries are British Commonwealth nations, and as such, there is an agreement to help each other. The Attorney General of Alberta is now working with the International Assistance Group (part of the Canadian Department of Justice) to see if they can resolve the matter.

The case has been adjourned to June 11 for a progress report. If they are able to gain access to the officials they need by then, a new date will be set for the hearing.

It was noted by Wister that the defence is not willing to waive their Jordan rights – ensuring timelines for cases to be dealt with – and that his client “wants to get on with her life.”

Background

The woman had been wanted by authorities since 2014 on a charge of child abduction, after she allegedly failed to drop off the child for a court ordered visit with his father. As a result, the father was granted sole custody on an interim basis, and numerous international agencies were involved in the search.

Since then, members of the Lethbridge Police Service tracked the mother and child to Mexico, Guatemala and various parts of Belize, where she was arrested.

On July 19, 2017, police received a tip that the two were in the town of San Ignacio, where they were taken into custody by local authorities.

The woman was jailed in Belize for failing to produce valid immigration documents and deported to the U.S., before being returned to Canada. LPS officers took her into custody at the Calgary International Airport on Aug. 9.

The child went into the care of Belize Human Services and has since been returned to Canada and reunited with his father.

The woman is currently out on bail and living with family, with conditions that prevent her from possessing a passport and from having contact with her child, unless given written permission by a family court.