Minister's Final Submissions

1. Status in Canada — Foreign National

Exhibit M-1, p. 5: GCMS search shows Mr. SNOW is neither a citizen nor a permanent resident of Canada.
Transcript, p. 13, lines 609–618: Mr. SNOW confirms he is a U.S. citizen, not a permanent resident, and not a registered Indian under the Indian Act.

Conclusion: Under subsection 2(1) of IRPA, Mr. SNOW is a foreign national without the right to enter or remain in Canada.

2. Conviction of an Offence Outside Canada

Exhibit M-1, p. 11: Judgment of conviction, Fourth Judicial Circuit Court, South Dakota, U.S.A.
Dean COCHRUN (DOB: Feb 28, 1984) pled guilty to Kidnapping in the First Degree (§ 2-19-1(5)) on Jan 19, 2011; found guilty Feb 16, 2011.
Transcript, p. 13, lines 620–635: Mr. SNOW confirms identity as the person named in the judgment.

Conclusion: Mr. SNOW was convicted of a serious offence outside Canada.

4. Equivalency to a Canadian Offence

Legal Framework

Per IntHill v. Canada, equivalency may be established by:

Comparing the elements of the foreign and Canadian statutes.
Examining the evidence presented in foreign proceedings.
Combining (1) and (2).

Foreign offence: South Dakota Code § 22-19-1(5) — Kidnapping, first degree (Aug 20–21, 2010).
Canadian reference: Criminal Code §§ 281–282 — Abduction/child custody violations (2010, 2025).
Both versions of the Criminal Code are functionally identical.

Comparison Table: Core Elements

Jurisdiction	Offence	Age	Actions	Custody Violation	Intent	Maximum Penalty
SD Code §22-19-1(5)	Kidnapping, 1st degree	<14	Unlawful removal, enticement, concealment, detention	Yes	To deprive lawful custodian	Class C felony: life + $50,000 fine
CC §§281–282	Abduction under custody order	<14	Unlawful removal, enticement, concealment, detention	Yes	To deprive lawful guardian	Indictable offence: up to 10 years

Key Point: Both statutes criminalize unlawful taking/keeping of a child under 14 against custody orders. U.S. penalties are harsher; Canadian law caps at 10 years.

5. Evidence of Actions in the Foreign Offence

Row	Focus	Evidence
2	Parentage/Victim Identification	Mr. SNOW admitted kidnapping his daughter (8 y.o.) and step-son (9 y.o.). Lost full custody of daughter; listed as respondent father. Convicted Feb 16, 2011.
7	Contravention of Custody Order	Court placed child with SD Dept. of Social Services for adoption; no parental consent needed. Confirms violation of custody order.
8	Intent to Deprive Custodian	Mr. SNOW and ex-spouse took children from in-laws, intending to travel to Canada and California. Children deprived of lawful possession for 5 days.

Conclusion: The evidence confirms the South Dakota offence aligns with Canadian offence elements — unlawful removal, violation of custody order, and intent to deprive guardian of custody.

6. Admissibility Conclusion

The acts committed by Mr. SNOW satisfy the elements of Abduction under Canadian law (CC §281).
Maximum Canadian penalty: 10 years’ imprisonment.
Reasonable grounds exist to find Mr. SNOW inadmissible under section 36(1)(b) of IRPA.