Dad's COVID Vaccine Abduction Trial on Appeal

Michael Gordon Jackson is appealing his conviction for parental child abduction. The conviction arose from him taking his seven-year-old daughter into hiding to prevent her from receiving the COVID-19 vaccine. A jury found Jackson guilty in 2024. His appeal centers on the argument that the trial judge erred by not permitting the jury to consider the defence of necessity.

Jackson testified that he believed his ex-wife, who had final health decision-making authority, would get their daughter vaccinated, which he considered dangerous. He claimed he took her "to avert an imminent harm." The judge ruled this defence lacked "an air of reality." The Crown countered that the situation was a "prolonged and predictable dispute," not an imminent crisis, and that Jackson had legal alternatives through family court.

Further complicating the defence, Jackson’s ex-wife signed an affidavit stating she would not vaccinate their daughter, a move police urged, which the Crown says removed any claim of urgency. Jackson still did not return the child. The Crown argued that allowing the necessity defence in this scenario would "invite anarchy into family law."

Jackson is also appealing his sentence of one year in jail and two years of probation, arguing the judge didn't fully consider his "pure motivations." He received credit for 531 days of remand, thus avoiding further custody time after sentencing. The Saskatchewan Court of Appeal in Regina is scheduled to hear oral arguments on Monday.