Indian realtor in Canada gets 18 months in jail for luring 9-year-old into car: Court rejects ‘cultural misunderstanding’ defence

According to court records, Govindbalunikam was driving his yellow 2011 Chevrolet Camaro with black racing stripes while scouting properties for his real estate business when he approached the boy, who was fishing alone at the mouth of the Thessalon River. He struck up a conversation, offered the child a fidget spinner toy, handed him his business card identifying himself as a realtor, and took photographs.

Later, he allegedly met the boy again near the local curling club, offered him a ride home, and asked him to leave behind his bicycle and fishing gear, saying there was “no room” in the sports car. Instead of taking him home, Govindbalunikam allegedly drove the child to the Sinton Tavern, bought him ice cream, and was seen there with him.

Two local patrons who recognised the boy, but not the driver, grew suspicious and alerted the child’s parents. Although the boy gave his home address, Govindbalunikam allegedly drove past the residence without stopping. The child’s father eventually spotted the yellow Camaro on Federation Street, reached into the vehicle, confronted Govindbalunikam, and rescued his son. The boy was unharmed physically and returned home with his father, as per court records.

Ontario Provincial Police located Govindbalunikam the next day in Sault Ste. Marie. His cellphone, seized during the investigation, allegedly contained photographs of the boy eating ice cream in the Camaro and of the two together by the river.

‘Kind gesture’ defence falls through

Court documents said the incident had a lasting psychological impact on the child, including bullying at school, trust issues, panic attacks, and sleep disturbances.

During sentencing, defence lawyer Jessica Belisle sought leniency, arguing for a conditional discharge or a sentence of less than six months, which could have helped Govindbalunikam avoid deportation under Canada’s Immigration and Refugee Protection Act. An immigration expert testified that a jail term of six months or more could trigger removal proceedings for a permanent resident.

The defence relied on the pre-sentence report, in which Govindbalunikam claimed offering a toy, food, and transport to a child was “a kind gesture” and “considered acceptable in his culture”, describing the case as a misunderstanding.

Justice Varpio rejected that argument outright.

“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,” the judge said. “He has been a resident of Canada for too long to suggest that this was an innocent error.”

He added that Govindbalunikam’s 12 years in Canada meant he would have been “well aware of this country’s cultural norms”, and said any claim otherwise amounted to “wilful blindness at the very least”.

Stressing deterrence, Justice Varpio said: “Society cannot allow adults to simply abscond with young children and drive them around for their own purposes.”

Court took into account victim’s age, trauma

The Crown had sought 18 months in jail along with probation, arguing that the gifts suggested grooming behaviour. However, the judge said there was insufficient evidence to establish sexual intent, though he noted that Govindbalunikam’s actions were clearly aimed at gaining the child’s trust.

The court considered the victim’s young age and the lasting trauma caused by the incident as aggravating factors. Mitigating factors included Govindbalunikam’s guilty plea and lack of prior criminal record, although the judge said his continued minimisation of the offence weakened the value of that plea.

In addition to the 18-month jail term, Govindbalunikam was sentenced to three years’ probation, barred from contacting the victim, ordered to provide a DNA sample, handed a 10-year weapons prohibition, and directed to undergo counselling. He was taken into custody immediately after sentencing.