Closing arguments were heard Thursday morning in the case of Michael Gordon Jackson, the Saskatchewan man accused of kidnapping his daughter in 2021 to prevent her from receiving the COVID-19 vaccine.
Both sides asked the 14-person jury to judge Jackson’s intent with his actions.
Jackson claims it was not his intention to hide the child from his mother, only to prevent her from receiving the COVIC-19 vaccine.
“You are the ones who judge the facts,” Jackson, who has been representing himself, told the jury. “As a criminal matter, this case is easy to solve.”
From the beginning, Judge Heather MacMillian-Brown has told the jury that the burden of proving guilt was on the Crown.
“At the heart of the matter, Mr. Jackson clearly illustrated his intent,” argued prosecutor Zoe Kim-Zeggelaar.
“The overwhelming amount of evidence unanimously demonstrated with indisputable facts, that intent was never proven,” Jackson believes.
In his testimony, Jackson told the court that he went into hiding because he felt there was “no remedy in court.”
“No one testified, not even [the mother]it was to deprive [my child] of the mother,” he said in his closing arguments Thursday. “Everyone said what my intention was.”
Jackson reiterated that his only intention was to prevent his daughter from being vaccinated.
“In every sense of meaning, singular reason [for taking her] I was going to be his father,” he said. “And protect it from the imminent, irreparable and irreversible damage of the COVID-19 vaccine.”
“Those actions contravened a legal custody order,” the Crown refuted.
Based on his own testimony, the Crown argued that Jackson could not have intended a singular result.
“He had to have the intention of depriving the mother [of seeing her daughter]”said Kim-Zeggelaar. “That action still needed to be carried out to carry out [his] goals.”
“His intention was to deprive the mother,” he added. “The reason was to prevent her from getting vaccinated.” [their daughter].”
Custody Order Arguments
The couple’s custody order in effect in November 2021 stated that the wife had final say over decisions about the child’s health, but must consult with the father.
Jackson testified that he asked the mother for more than eight months before the events about her feelings about the COVID-19 vaccine.
In his testimony last week, he said he was awaiting guidance from the government and the Saskatchewan Health Authority (SHA).
“[She] “He didn’t allow me to give my opinion at all,” Jackson argued. “[Her] “The persistent contravention of the custody order forced the issue.”
The Crown argued to the jury that Jackson did contribute to the decision after sending several articles and text links about the COVID-19 vaccine.
“Although there was no formal debate, it was clear what his opinion was,” Kim-Zeggelaar said. “She said that she did not want her vaccinated and expressed it to her mother.”
“He had no power to make medical decisions,” he added. “He regained control and took justice into his own hands.”
‘It was left in the dark’
The final aspect of the Crown’s argument focused on Jackson’s actions while in hiding.
“Of [Nov. 21, 2021] Until February 22, 2022, the mother did not speak to her daughter and did not know where she was,” Kim-Zeggelaar told the jury. “In January 2022, no one knew where Jackson was or the status of [his daughter].”
“It was left in the dark,” he added.
In his testimony, Jackson said he was always willing to negotiate with police and the mother about the boy’s return.
“They put obstacles in my way,” Jackson argued.
But Kim-Zeggelaar argued that he was never the one who approached or initiated those conversations.
“It was the RCMP who contacted [Shawn Sim] to establish contact with Jackson,” he said. “They arrested him because the police tracked his phone. Not because he approached [to them] or he gave himself up.”
Both the mother and father testified that Jackson asked the mother for a signed and sworn affidavit promising that she would not vaccinate the child.
But when it arrived, Jackson didn’t believe it would happen.
“I didn’t trust the courts or the mother,” Kim-Zeggelaar said.
Kim-Zeggelaar then cited a text conversation between Jackson and Sim after the mother made such a promise in a sworn statement.
“That was the first thing [Jackson] requested,” he said. “And he called it ‘a legal half-promise.'”
The Crown ended its argument by showing that Jackson saw no end to the dispute.
“These are the actions of someone who was willing to hold [the daughter] for as long as it took until he got what he wanted,” Kim-Zeggelaar said. “Mr. Jackson created a no-win situation.”
Jackson ended his argument by “humbly asking” the jury to find him not guilty.
“My intention was very clear,” Jackson said. “And if you have any doubts about my intentions; The law says I am not guilty.”
Judge MacMillian-Brown scheduled the hearing to continue Friday morning when Jackson’s final charge and instructions will be read to the jury.
Before deliberations begin, two of the 14 jurors will be eliminated at random.
They will then be released “until a unanimous verdict is reached,” the judge said.