Prosecution seeks 42-month sentence for Montreal father who kidnapped autistic daughter

A Montreal man who pleaded guilty to kidnapping his autistic daughter, who was then kept in a crawl space, was back in court Tuesday for his sentencing hearing.

The father is trying to avoid prison, but the prosecution says he's not helping his case.

The girl cannot be identified due to a publication ban. According to an agreed statement of facts presented by the prosecution and the defence, 2021 was a tough year for her. She was diagnosed with autism and lived in a group home. She eventually reached out to her estranged father, who decided to take her out of where she lived, with the assistance of two relatives.

The statement says that after watching a report on the disappearance on CTV News, a witness called police to say she had seen her in her apartment building, leading to her rescue.

The teen, who has the mental age of an eight-year-old, later told investigators a relative hid her in a crawl space for several hours. Her hair was also dyed red to avoid detection. Last year, the father pleaded guilty to two counts related to parental abduction.

At the sentencing hearing, the mother testified how stressed and anxious she became when her ex took their autistic teen away, leaving her sleepless and worried for days.

Three years later, the mother says she and her daughter are still reeling, as the incident happened when they were going through a difficult time together.

"It's taken a long time. Obviously, this was a setback and all of the other things we were doing to try to support her. But she is definitely on the right track."

The accusation of taking a child without the other parent's knowledge isn't as severe as kidnapping and carries a maximum sentence of five years in prison, as opposed to an actual kidnapping that comes with the possibility of a life sentence. During a passionate and sometimes very intense argument that forced Justice Nathalie Duchesneau to ask him to tone it down, defence lawyer Walter Sterling suggested a sentence to be served at home.

However, the Crown prosecutor Jessica Drolet wants a three-and-a-half-year prison sentence. She claimed the father discredited himself by denying the facts of the case on social media. At the time, he made comments on a social media account belonging to CTV News, calling the facts untrue and threatening to sue everyone involved.

"We see that the accused expresses remorse. But his actions are completely the opposite. So we saw that he published some comments on social media where he blames the mother, where he says this is all untrue, it's all lies. So for me, he does not acknowledge [that he is to blame]," Drolet said.

Outside the courtroom, a relative of the accused repeated similar claims of unfair prosecution.

"I don't trust the prosecution. I think it's a vindictive woman with an agenda in the courtroom that's trying to nail a man."

When asked by CTV News why the father would plead guilty, the relative said, "Because he knows he did a few things wrong. Were those kidnappings? No, absolutely not."

Sentencing arguments are expected to continue in December.