A Brampton, Ont., man who abducted a nine-year-old boy has failed to convince a judge it was a “cultural misunderstanding.”
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.
“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.
“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.’”
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.
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.”
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.
That concern didn’t affect the judge’s analysis.
“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.
Govindbalunikam, 37, pleaded guilty to abduction last year.
“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.
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.
When Govindbalunikam arrived in Thessalon, he went to the mouth of the Thessalon River, said the decision.
After taking photos of some kayakers, Govindbalunikam approached a then-nine-year-old boy who had been fishing at the mouth of the river.
“He had a conversation with the child and offered him a fidget spinner toy as well as his business card,” said the decision. “Mr. Govindabalunikam told the victim that he was a realtor.”
When the boy left the area carrying his fishing gear, Govindbalunikam “drove towards the victim’s destination and stopped him at the curling club in Thessalon. He offered the victim a ride home. The victim accepted the ride,” said the decision.
“Mr. Govindblalunikam told the victim to leave his bicycle and fishing gear at the curling club because there was no room for them in the vehicle. Mr. Govindbalunikam drove to the Sinton Tavern where he purchased an ice cream for the victim. The pair exited the tavern.”
Two people in the tavern knew the boy.
“They instantly became concerned because they did not recognize Mr. Govindbalunikam,” said the decision. “They got into their pickup truck and drove to the victim’s residence. They spoke with the victim’s father who indicated that he did not know anyone who had a yellow Camaro. The victim’s father asked the pair for a ride to the location where they last saw the victim.”
Around the same time, the boy gave Govindbalunikam his address in Thessalon.
“Mr. Govindbalunikam drove towards that residence and, when they reached the home, the victim told Mr. Govindbalunikam to stop the vehicle. Mr. Govindbalunikam slowed down but did not stop. He continued past the residence.”
The boy’s father spotted the Camaro driving down Federation Street, said the decision.
The couple who gave the dad a lift in a pickup pulled up to the Camaro, said the decision. “The father approached the driver side of the Camaro. He observed the victim in the front passenger’s seat eating ice cream. As the father approached, Mr. Govindbalunikam pulled away. The father reached into the driver’s side of the vehicle in order to get the vehicle to stop. Mr. Govindbalunikam identified himself as a realtor and stated that he was looking for houses in the area. Mr. Govindbalunikam gave the father his business card. The father told Mr. Govindbalunikam to leave the community and told his son to exit the Camaro. The son exited and the father and son went to their residence.”
When police later contacted Govindbalunikam about the incident, he “stated that he was a realtor, and that the situation was ‘a misunderstanding with the boy’s father.’”
Govindbalunikam was arrested on Aug. 16, 2023, said the decision. The Ontario Provincial Police “seized his cell phone which contained a number of pictures including a picture of himself and the victim by the Thessalon River, as well as a photo of the victim eating ice cream in the Camaro.”
The young boy who was abducted, “although not physically harmed by the incident, was psychologically hurt by it,” said the decision. “He is bullied at school as a result of this incident, and he suffers from trust issues, panic issues and sleep issues.”
Govindbalunikam “arrived in Canada in 2012 and was granted Permanent Resident status in 2017,” said the decision.
Govindbalunikam has a degree in aerospace engineering from India and a master’s degree in the same subject from the University of Toronto, according to his pre-sentence report.
Govindbalunikam told the report’s author that he “worked at one of the largest aerospace companies in Ontario from 2019 – 2023. Unfortunately, he was dismissed then laid off after a periodic criminal record check conducted by his company.”
He lost jobs at Remax Realty and Collins Aerospace “as a result of these charges,” said the decision. “He deposed that his inability to go to India resulted in the termination of his arranged marriage and that his inability to attend that wedding and other family events has affected his mental health and wellbeing.”
Govindbalunikam apologized to the victim and his parents, said the decision. “I now realize how serious and inappropriate my actions were, and I am truly sorry for the fear, confusion, and distress I caused to the child and his family.”
Govindbalunikam said that, at the time, he was trying to be helpful by offering the boy a ride. “My intent was never to cause harm or alarm, but I fully acknowledge that good intentions do not excuse poor judgment. I deeply regret not considering the serious implications of my actions and the rightful concerns they raised.”
The Crown asked the judge “to find that Mr. Govindbalunikam was engaged in sexual grooming behaviour with the victim when he purchased ice cream (and) gave him a fidget spinner,” said the decision.
Varpio agreed with Govindbalunikam’s lawyer that he did “not have the evidential foundation to make such an inference,” said the decision.
“Giving the child ice-cream and a fidget spinner suggests that Mr. Govindbalunikam was attempting to gain the child’s trust, but (the judge did) not have any evidence suggesting that he did so for sexual purposes.”
Varpio said he saw no evidence pointing to Govindbalunikam’s intentions.
“Given that evidential vacuum, I cannot make any findings with respect to sexualized grooming,” said the judge. “Ergo, and despite my strong suspicions about the accused’s intentions, I am unable to find that Mr. Govindbalunikam engaged in grooming for sexual purposes.”
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