Lethbridge Herald

Documents sought in abduction case

- Delon Shurtz LETHBRIDGE HERALD

Ajudge is expected to hear an applicatio­n next week seeking an order to release documents

in a child abduction case. Lethbridge lawyer Bill Wister announced his intentions in September that he would make what is known as an O'Connor Applicatio­n, and Friday in Lethbridge provincial court an agent for the defence said a hearing to address the applicatio­n is set for Wednesday.

The O’Connor Applicatio­n, if granted, could order a third party, in this case Global Affairs Canada, to produce documents relevant to the case. The disclosure relates to the actions of authoritie­s in Belize where a woman, who can’t be identified under a court-ordered publicatio­n ban, was apprehende­d more than three years after she fled to Central America with her son. Wister also previously indicated he may file a Charter applicatio­n to deal with a possible breach of his client’s Charter rights.

On Jan. 6, 2014 the boy’s father reported his exwife had not dropped off their son for a courtorder­ed visit, had fled the country and wasn't planning to return. Two days later the father was granted sole interim custody, and a court order was sent to the mother by email, as well as to members of her family, ordering her to return immediatel­y.

Police made numerous attempts to contact her, as well, urging her to return to Canada, but she did not respond. On Feb. 5, 2014 she was charged with child abduction and a warrant was issued for her arrest.

Police tracked the woman and child to Mexico, Guatemala and various parts of Belize, and the mother was the subject of various internatio­nal Interpol alerts. The boy was listed with numerous missing children organizati­ons.

Last July Lethbridge police learned Belize authoritie­s found the pair in the town of San Ignacio in the Cayo District and took them into custody. The mother was jailed and fined for failing to produce valid immigratio­n documents, and the boy, who is now four years old,

was placed in the care of Belize Human Services.

In August the mother was deported to the U.S., where she was arrested after landing in Houston, Tex., then returned to Canada later that night. She was taken into custody by Lethbridge police officers at the Calgary Internatio­nal Airport and charged with child abduction.

The woman was released from custody Aug. 23 following a bail hearing in Lethbridge, and ordered to live with her brother and sisterin-law, attend court when required, report weekly to the Lethbridge Police Service, and not contact or go near her ex-husband.

Although accused has yet to plead to the single charge of child abduction, defence said Friday the woman wants to be tried by a provincial court judge.

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