Judge suggests psychiatric help for Olympic gold medallist as he orders on two years probation as part of conditional discharge

Rhéal Séguin

Former Winter Olympic champion Myriam Bédard avoided a jail sentence but was strongly advised to receive psychiatric help or medical attention following last year's abduction of her daughter to the United States.

In handing down the sentence yesterday, Mr. Justice Jean-Claude Beaulieu of Quebec Superior Court gave Ms. Bédard two years probation as part of a conditional discharge after she was found guilty last month of kidnapping her daughter in violation of a custody order.

In addition, Ms. Bédard, 37, who regained full custody of her daughter last February, was required to hand over her passport for two years, remit all firearms to authorities and give proper notice if she plans to move.

Judge Beaulieu recalled the gravity of Ms. Bédard's action when she took her 11-year-old daughter to the United States in the fall of 2006, accompanied by her common-law spouse Nima Mazhari. The couple explained they were on a quest to denounce "bureaucratic terrorism" in Canada and had every intention of returning home despite being gone for nearly three months. She was found guilty by a jury of six women and six men.

"Obviously, the jury didn't believe your version and the one provided by Mr. Mazhari which were, to say the least, incredible," Judge Beaulieu said in handing down the sentence. "Without being a psychiatrist, a psychologist or a doctor, I would say you present all the characteristics of someone who needs help."

He reminded Ms. Bédard that she left the country without advising the daughter's father, Jean Paquet, and noted that her family had the young girl's well-being at heart.

"Your parents, your brother, your sister and Jean Paquet ask nothing more than to help you," Judge Beaulieu said.

Ms. Bédard and Mr. Mazhari became the centre of media attention during their escapade in the United States to denounce the "injustices" committed against them in Canada. Mr. Mazhari, who was found guilty of art theft earlier this year, received little sympathy from the court in explaining the importance of his campaign.

Mr. Paquet, not knowing when his daughter would return home, filed a complaint with the police, which led to a warrant for Ms. Bédard's arrest last December.

The judge rejected the prosecution's request for a jail term to be served in the community and refused the defence's recommendation for an absolute discharge. He explained the sentence was appropriate given that Ms. Bédard had no criminal record and had been detained 14 days in the U.S. while awaiting extradition.

Ms. Bédard's lawyer, John Pepper, said his client has appealed the guilty verdict and is also considering appealing the sentence. Mr. Pepper said she remains as determined as ever to pursue her legal battle to clear her name.

"She is relieved that the trial is over. She is happy not to be in jail," Mr. Pepper said yesterday. "The legal proceedings will now go before the Court of Appeal. ... Justice follows its course."

In his motion to appeal, Mr. Pepper criticized Judge Beaulieu's "lack of impartiality," as well as his "biased" views during the trial. Mr. Pepper argued that the judge "erred" by refusing to allow the jury to hear all the evidence.

Ms. Bédard, a gold-medal-winning Olympic biathlete, was hoping to avoid a criminal record and be free to travel out of the country for future employment. The prosecution said the sentence could allow her to expunge her criminal record in two years.

"If she respects all the conditions of her sentence, in two years she will receive an absolute discharge and it will be as though she was never condemned," Crown prosecutor Josée Lemieux said.

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