A former Brampton, Ont., real estate agent who was found guilty of child abduction in Thessalon faces possible deportation once he has served his 18-month sentence.
Manoj Govindbalunikam, 37, was sentenced earlier this month for abducting someone under the age of 14 in an incident on Aug. 15, 2023.
He pleaded guilty last May, with his lawyer seeking a conditional discharge to help him avoid possible deportation to India.
The defence in the case said only a conditional discharge would not affect his immigration status, but that a “term of imprisonment of six months or more would render Mr. Govindbalunikam inadmissible under the (Immigration and Refugee Protection Act) and he could face deportation.”
Bright yellow Camaro
In the bizarre case, the court heard that Govindbalunikam arrived in Thessalon that day in 2023, driving a bright yellow Chevrolet Camaro. He spoke with the nine-year-old victim at the mouth of the Thessalon River and offered him a fidget spinner and gave the child his business card.
He later stopped the victim, who was walking near the local curling club, and offered him a ride home.
“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,” the court decision said.
“Mr. Govindbalunikam drove to the Sinton Tavern where he purchased an ice cream for the victim. The pair exited the tavern.”
Two people at the tavern became concerned because they didn’t know the man who was driving the Camaro and notified the victim’s parents.
“Around the same time, the victim gave Mr. Govindbalunikam his address in Thessalon,” the court said.
“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.”
A short time later, the father spotted the Camaro and saw his son sitting in the front seat. He reached inside the driver’s side, at which point Govindbalunikam gave him his business card and told him he was a Realtor.
“The father told Mr. Govindbalunikam to leave the community and told his son to exit the Camaro,” the court said.
“The son exited and the father and son went to their residence.”
Claimed it was a misunderstanding
Ontario Provincial Police tracked him down the next day in Sault Ste. Marie, at which point he again said he was a realtor and that the “situation was a misunderstanding with the boy’s father.”
He was arrested Aug. 16 and police found on his cellphone photos of the victim eating ice cream in the Camaro, and a picture of the victim and Govindbalunikam by the Thessalon River.
The defence claimed that the whole matter was a “cultural misunderstanding.” The pre-sentence report said that Govindbalunikam has a degree in aerospace engineering from India and a master’s degree in the same subject from the University of Toronto.
“The subject also admitted offering the victim a toy and food as a kind gesture with no intention or desire to do something wrong or harmful,” according to his pre-sentence report.
“In fact, the subject informed that he has never experienced racial discrimination until his arrest. He claims that conversing with any individual and offering transportation would be considered acceptable in his culture. As such, he claims that this offence is misinterpreted on how authorities have perceived his actions.”
However, Justice Michael N. Varpio wrote that Govindbalunikam is an intelligent man who has been in Canada long enough to “understand Canadian cultural norms.”
“I do not accept that this abduction was as a result of a ‘cultural misunderstanding’ whereby he mistakenly believed that it was acceptable to take a child. He has been a resident of Canada for too long to suggest that this was an innocent error.”
— Justice Michael N. Varpio
“Mr. Govindbalunikam has been here for over a decade and has worked in two demanding fields,” the judge said.
“I do not accept that this abduction was as a result of a ‘cultural misunderstanding’ whereby he mistakenly believed that it was acceptable to take a child. He has been a resident of Canada for too long to suggest that this was an innocent error.”
As a result, Varpio said a jail term was needed to “denounce and deter Mr. Govindbalunikam’s conduct.”
“Society cannot allow adults to simply abscond with young children and drive them around for their own purposes,” the judge said.
“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.”
Read the full decision here.
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