Indian man tried to explain Ontario boy’s abduction as a ‘cultural misunderstanding’

An Indian citizen and Canadian permanent resident who abducted a nine-year-old boy in Brampton, Ont., has failed to convince a judge it was a "cultural misunderstanding." Photo by Luke Hendry/Postmedia

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A Brampton, Ont., man who abducted a nine-year-old boy has failed to convince a judge it was a “cultural misunderstanding.”

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Manoj Govindbalunikam, an Indian citizen who is a permanent resident of Canada, was sentenced earlier this month in Ontario’s Superior Court of Justice to 18 months in jail and three years of probation for the August 2023 abduction.

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“The fact that Mr. Govindbalunikam has been in Canada for more than 12 years demands that he would have been well aware of this country’s cultural norms,” Michael Varpio wrote in a recent decision.

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“Any suggestion to the contrary – especially for someone of Mr. Govindbalunikam’s ability and experience – would constitute willful blindness at the very least. As such, I reject the defence position that this case amounts to a ‘cultural misunderstanding.'”

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The Crown sought a sentence of 18 months behind bars. Govindbalunikam’s lawyer argued unsuccessfully for a conditional discharge so her client could avoid deportation.

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A conditional discharge would “not adequately address the need to denounce and deter Mr. Govindbalunikam’s conduct,” Varpio said. “Society cannot allow adults to simply abscond with young children and drive them around for their own purposes. Accordingly, my sentence must send a clear message to both Mr. Govinbalunikam and to society at large that those who abduct our most vulnerable citizens (in this case, children) need to be held accountable for their actions. Anything less than a meaningful custodial sentence would not accomplish this aim.”

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The court heard from an immigration lawyer that a “conditional discharge or peace bond would not affect Mr. Govindbalunikam’s immigration status,” but that a jail sentence of six months or more would render him inadmissible to Canada “and he could face deportation,” said the decision.

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That concern didn’t affect the judge’s analysis.

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“Simply put, the crime was of such a magnitude that giving this factor any meaningful weight would only serve to achieve exactly that which the Supreme Court of Canada cautioned against: It would create another, lighter sentencing regime for non-citizens,” Varpio said in his April 21 decision.

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Govindbalunikam, 37, pleaded guilty to abduction last year.

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“The import of this phenomenon is somewhat lessened by the fact that Mr. Govindbalunikam continues to minimize the offence as a ‘cultural misunderstanding,’” said the judge.

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The court heard that on Aug. 15, 2023, Govindbalunikam drove his yellow Chevrolet Camaro with black racing stripes from his home in Brampton to Thessalon, “in order to look for properties to purchase as part of his real estate business,” said the decision.

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When Govindbalunikam arrived in Thessalon, he went to the mouth of the Thessalon River, said the decision.

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After taking photos of some kayakers, Govindbalunikam approached a then-nine-year-old boy who had been fishing at the mouth of the river.