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McConnell’s deportation continues to stir political debate

EDMONTON – It’s believed the woman who drowned her two sons is free and on her way to her native Australia.

The federal Public Safety Minister says Allyson McConnell was leaving Monday night. Airport staff tell Global News she went through an underground entrance, and boarded a plane leaving for Vancouver late Monday night. The woman’s mother was also spotted waiting to board the plane.

Canadian Border Services, however, would not confirm whether the 33 year-old did, in fact, board the flight.

Meanwhile, both federal and provincial politicians continue to criticize the decisions leading up to her deportation order.

“The justice minister clearly dropped the ball on this,” said Wildrose Justice Critic Shayne Saskiw.

Alberta’s Justice Minister Jonathan Denis is facing some harsh criticism over how his department has handled the McConnell file.

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“If he thought there was enough evidence to have an appeal hearing on sentencing, he should have ensured that her movements were restricted. The federal minister, Vic Toews, is entirely correct here; it’s the province’s responsibility to ensure that her movement is restricted,” added Saskiw.

“We have done absolutely everything that we can on this particular matter,” responded Denis.

“We have been in contact with the federal government,” he said. “On our end, our prosecution services has done absolutely everything according to the book, and I stand by their actions.”

McConnell was convicted of manslaughter for the deaths of her two sons, 2-year-old Connor and 10-month-old Jayden. She was sentenced to six years for each boy’s death, to be served concurrently. She also received two-for-one credit for her time in custody. In the end, her sentence was reduced to 15 months. McConnell finished serving her sentence April 4, 2013.

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(Contains information provided by a federal source familiar with the file)

Her deportation order has been controversial, as the Alberta Government has been fighting to keep her in the country while it appeals her conviction and sentence. However, on Friday, federal Minister of Public Safety Vic Toews issued a statement saying because McConnell is under a removal order and is free of any restriction to her crimes, the Canadian Border Services Agency (CBSA) is required by law to proceed with the scheduled deportation.

“It is unfortunate that the Alberta Government did not act prior to Ms. McConnell’s release in order to prevent this situation from occurring. I have also been advised that the Alberta Government is taking no further steps to apply to the Alberta Court of Appeal to restrict Ms. McConnell’s movements pending the outcome of the appeal,” said Toews in the statement.

“As Ms. McConnell is the subject of a valid removal order and would otherwise be free of any sentence or restriction in Canada, CBSA will be required by law to proceed with the presently scheduled removal on Monday evening.  In the event that the Alberta Government commences judicial proceedings prior to Ms. McConnell’s removal, I will reconsider whether it is appropriate to stay her removal.”

A federal source familiar with the file says Alberta could have taken a number of steps prior to the deportation to prevent this situation, including asking the Court of Appeal in January to expedite the hearing of the appeal of the sentence in recognition of the April deportation, or the Alberta Crown could have filed an appeal with the Alberta Court of Appeal to stay the deportation.

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Alberta opposition politicians believe Denis didn’t handle the file well, and his decisions are going to be felt by Albertans in a number of ways.

“It’s truly unfortunate that the Justice Minister has dropped the ball and he shouldn’t be blaming the federal minister. He should be taking responsibility here,” stressed Saskiw.

“I’m really wondering if this minister isn’t committed to always dropping the ball,” said Liberal MLA Laurie Blakeman.

The McConnell family is also weighing in on the process.

Sunday, family members released a written statement, which reads in part:

“Through the media we’ve recently learned that Allyson has been scheduled to be deported since October. The media also let us know about her release date of April 4th. This news shocked and angered our family. Why did this information not come to us from the Crown? Why did the Alberta Government not act sooner to ensure Allyson would be here for the appeals? Now that the plans for Allyson have come to light there is a mad rush to actually do something; to do the right thing and seek the justice (the judge) would not give to our beautiful boys.

“We fear that if Allyson Meager McConnell is deported to Australia, we will never see her face justice for the horror and terror she inflicted on two innocent babies before killing them. How can we be assured that this case will not get swept under the rug when we have not been kept in the loop up to this point? If the Alberta Government was having problems why did they not appeal to the Federal Government for assistance sooner? Why wait until just days before it is too late?”

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However, Denis promises his department will keep fighting this case.

“This is not over. We will continue with the appeal until all avenues have been exhausted.”

“There is no actual mechanism within the existing case that could have her stay here,” Denis explained. “Once she has a valid passport – and I spoke to Jason Kenney, the Minister of Immigration, last week on this. She has a valid foreign passport – she has every right, like everyone else to leave the country.”

Denis believes the good relationship between Canada and Australia will be helpful as the appeal process continues.

“We’re in the process of contacting the Australian foreign office to advise she is a person of interest,” he said.

“I have every confidence that… she would be able to be extradited back here to pay her debt to society”

“If the appeal does go through the courts, Alberta taxpayers are going to have to bring her back – that’s the law,” argued Blakeman.

“This government says that it has no money. Why does it keep taking actions that force it to spend more taxpayer money? I don’t get it.”

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