Calgary Father to Remain in Custody After Alleged International Child Abduction
A Calgary father accused of illegally taking his five-year-old son from Canada and keeping him from his mother for two years will remain behind bars pending trial, a judge ruled on Monday. Justice Peter Barley of the Calgary Court of Justice denied bail to Muhammad Zia-Ur Rahman, citing substantial flight risk concerns and the strength of the Crown's case.
Judge Cites Triple Citizenship and Financial Resources as Flight Risks
Justice Barley noted that Rahman holds citizenship in three countries besides Canada, which significantly increases his flight risk. "He could get a temporary passport from any of those nations and be gone before anyone was aware," Barley stated during the hearing. The judge emphasized that Rahman's access to substantial financial resources made proposed bail conditions inadequate.
Court documents revealed that Rahman was found in possession of $50,000 cash just before departing for Turkey with his son in December 2023. Additionally, he had previously transferred more than $560,000 U.S. overseas. When defense lawyers proposed a $15,000 cash deposit as part of bail conditions, Barley dismissed this amount as "insignificant" given the accused's demonstrated access to much larger sums.
Strong Crown Case and Public Confidence Concerns
The judge determined that Crown prosecutor Colin Schulhauser had established grounds for detention in all three categories outlined in the Criminal Code. These include ensuring court attendance, protecting the public, and maintaining confidence in the administration of justice. Barley noted that on its face, the Crown has presented a strong case against Rahman, and releasing him could undermine public confidence in the justice system.
"There is no reason to think the accused is any less interested in doing this as he did then," Barley said, referring to the alleged abduction. The judge found no evidence suggesting Rahman was less inclined now than in 2023 to remove his child from Canada.
Defense Arguments and International Capture
Defense lawyers Lakhwinder Sandhu and Himmat Shergill argued that Rahman did not pose a flight risk, noting that he waived extradition back to Canada after his arrest. They claimed Rahman took the child to Turkey for holistic treatment of a brain injury and that the large amounts of cash were intended to cover medical expenses.
The defense also presented a document allegedly signed by Rahman's ex-wife allowing him to remove the child from the country. However, Barley noted that when questioned in Turkey about the child in 2024, Rahman chose to flee to Russia rather than provide proof of his entitlement to have the boy with him.
Rahman, 62, was arrested in Mauritius in December following an Interpol alert for him and his now seven-year-old son. The accused is a trained doctor currently suspended by the Alberta College of Physicians and Surgeons. He is scheduled to return to court next week as legal proceedings continue.
