Father on run sought deal on COVID-19 jab: affidavit
Court papers outline negotiations with man at large with daughter
While she waited to hear news of her missing daughter, the RCMP brought Mariecar Latina Jackson a proposition from a man on the lam.
The child was under the control of her then-fugitive father, Michael Gordon Jackson. And he wanted to know whether Mariecar, from whom he was separated, would promise not to vaccinate the girl against COVID -19, as a term of her return.
That's according to the sworn affidavit of Mariecar, quoted in a Family Law Division decision dated April 20 from Regina Queen's Bench Justice Michael Megaw, which only recently became publicly available.
The decision sheds new light on what went on behind the scenes, as Michael went underground with the little girl, leading the police on a hunt that ended two provinces to the west.
Jackson picked up his daughter for his allotted “parenting time” on Nov. 10, 2021, but didn't return her when he was supposed to. So, Mariecar “applied for an order compelling the return of the child to her and for the assistance of the police in enforcing any such order.” She had last spoken to her daughter on Nov. 21 of that year, and a judge granted the order Nov. 26, including the police enforcement clause.
Megaw's decision outlines that a legal struggle ensued, but the order for Michael to return the child ultimately remained, though he failed to do so.
In addition to more legal manoeuvring to attempt to change the terms of custody for their child in “early January” of 2022, Mariecar also “engaged with the police to assist in enforcing the terms of the court order. She expressed concern over her perception of the lack of resources committed to the enforcement by the authorities,” the decision reads.
And as a result, she filed “an application seeking an order for contempt against the R.C.M.P. and court involvement in causing both the R.C.M.P. and Regina Police Services to more effectively investigate the matter.”
This order was later withdrawn by Mariecar, “and the authorities, through their counsel, sought to assure the court and the mother that the investigation was being taken seriously,” the decision states.
Neither the date when Mariecar sought an order for contempt against the Mounties, nor when she withdrew her application are clear from the decision.
But it was Jan. 15 when the RCMP issued its first public press release, seeking the public's assistance in locating the then-missing father and his then seven-year-old daughter.
The Mounties charged Michael with abduction and obtained a Canada-wide warrant for his arrest on Jan. 21.
According to Mariecar's affidavit, the RCMP negotiated with Michael through a third party. The judge's decision draws attention to a particular section of that affidavit: “Commencing on January 22, 2022 until Michael's arrest, my counsel and I were in close contact with the RCMP with respect to the investigation into whereabouts,” the affidavit is quoted as reading, with the letter X standing in place of the child's name.
Mariecar's affidavit is quoted as saying the RCMP approached her about whether she would “provide Michael an undertaking” to not vaccinate the child.
“Through my counsel, I provided a letter to Michael, along with an Affidavit, the terms being that if Michael returned and provide to him an original copy of the Affidavit.” But still the child was not returned.
“RCMP officers advised me on several occasions that Michael's “demands” were “escalating in relation to his requests of me, regarding the family law matters pending,” Mariecar's affidavit is quoted as saying.
The decision provides no dates with regard to the negotiations, but on Feb. 2, RCMP again put out a call for the public's assistance, noting “sightings and information from tips received have not yet assisted investigators in locating (the child) or Michael.”
And on Feb. 16, the Mounties released a video featuring Mariecar asking for the public's assistance in locating her daughter.
Police located Michael and the child in Vernon, B.C. on Feb. 24, and he was arrested and charged criminally with abduction in contravention of a custody or parenting order. Separate from the criminal proceedings, Megaw granted an order requested by Mariecar on March 11 that suspended Michael's parenting privileges and restricted his ability to contact the mother and child.
Megaw's April 20 decision relates to requests Michael made with respect to Mariecar's application for an order to find him in contempt for disobeying previously granted court orders pertaining to custody of the child.
Michael brought an application asking Megaw to grant requests including: that the matter be assigned to a judge without knowledge of the case; an order be made allowing Mariecar to be cross-examined on her affidavits; that the matter be adjourned so he could obtain “certain evidence;” and that the proceedings be recorded for use at a future appeal.
RCMP approached her about whether she would `provide Michael an undertaking' to not vaccinate the child.
Megaw dismissed Michael's application.
Asked Tuesday about issues raised by the decision, the Saskatchewan RCMP responded briefly in an email.
“As result of a complex threemonth-long investigation by the Saskatchewan RCMP, officers located and arrested Michael Gordon Jackson on February 24, 2022 and reunited a little girl with her relieved mother,” the email states.
“As charges against Michael Gordon Jackson are still before the courts, we are unable to provide further comment.”
Jackson, who remains in custody, is due in Regina provincial court this month on the abduction charge.