The appellant father and the mother separated, and the mother agreed that the child would live with the father.
Years later, the mother obtained an ex parte interim access order.
The father then left the jurisdiction with the child.
He was charged with child abduction under s. 283(1) of the Criminal Code.
The trial judge acquitted him, finding he had not 'taken' the child since the child was legally in his care.
The Court of Appeal overturned the acquittal and ordered a new trial.
The Supreme Court of Canada dismissed the father's appeal, holding that s. 283(1) does not require the deprived parent to have actual physical possession of the child at the time of the offence, and that the offence can be committed by a parent with lawful care of the child.
