Alberta fights deportation of killer mom Allyson McConnell while it appeals for stiffer sentence

There's a tug-of-war taking place over convicted murderer Allyson McConnell.

The Australian-born woman is set to be released from an Alberta psychiatric hospital, where she's been kept since her conviction last April of manslaughter in the deaths of her infant sons.

Canada Border Services Agency (CBSA) is set to deport her back to Australia but Alberta's Justice Ministry wants to keep her in Canada while it appeals her manslaughter conviction and the six-year sentence she received.

Her former husband, Curtis McConnell, is also upset that, once back in Australia, the 34-year-old woman with a long history of mental problems could be free to start another family.

CBC News reported the judge in her case also recommended McConnell, who is thought to be suicidal, be kept in hospital until she presents no threat to her own safety or others.

[ Related: Alberta mother who drowned sons eligible for release ]

We seem to be looking at a wrestling match between compassion and justice. Has McConnell paid enough for killing her children and should she be allowed to return to her homeland, where she has family who could presumably help care for her?

Or should she be kept in custody, where she might receive treatment for her psychological problems? Would she be guaranteed help if she was free in Australia?

Curtis and Allyson McConnell lived in the small town of Millet, about 40 kilometres south of Edmonton. The couple was estranged and in the middle of a divorce battle. According to The Canadian Press, evidence at her trial disclosed Allyson wanted to take the children back to Australia.

Sometime on or before Feb. 1, 2010, a depressed and suicidal Allyson drowned 2 1/2-year-old Connor and 10-month-old Jayden in the bathtub, then tried to kill herself by jumping off a highway overpass. Her husband discovered the bodies, along with her wedding ring on the toilet lid, according to trial evidence.

She was initially charged with second-degree murder. The prosecution argued at trial last year that McConnell killed her sons as revenge against her husband, who would not let her take them to Australia, CBC News said.

But she was convicted of manslaughter after the defence argued her depression, along with drinking and taking sleeping pills, meant she could not have formed the requisite intent for a murder conviction.

The judge sentenced her to six years to be served in an Edmonton psychiatric hospital. But with two-for-one credit for time served and mandatory release after serving two-thirds of her term, McConnell was eligible for release this week.

As a convicted criminal, the Australian citizen is subject to a removal order, CBSA spokeswoman Lisa White told CBC News.

The Alberta Crown wants the deportation suspended while prosecutors pursue their appeals against the manslaughter verdict and sentence. No date has been set to hear the case, CP said, and meanwhile the deportation machinery grinds on.

"Our laws state that Canada Border Services Agency must enforce the removal order as soon as is practicable," White said, adding the precise date can't be disclosed for privacy reasons. "By law, a criminal appeal of conviction does not stay a removal from Canada."

Alberta Justice officials have appealed to federal Justice Minister Vic Toews and Immigration Minister Jason Kenny to suspend McConnell's deportation, ministry spokesman Josh Stewart told CP. So far, they've received no response.

If McConnell is deported and the appeal results in a new trial or stiffer sentence, extraditing her back could be difficult, he said.

"It's important to us justice is served here in Alberta," said Stewart.

Curtis McConnell finds himself even further out of the loop. In a statement given to Global News in Edmonton, complains he's been unable to get information from the Crown about what's happening.

[ Related: Alberta government presses to keep Australian woman who drowned boys in Canada ]

An excerpt in the Edmonton Journal said McConnell was “appalled that a person who kills two innocent children and leaves their dead bodies [or her husband to find] ... only served 10 months.”

“I am not sure if Allyson is free once she lands in Australia. Will anyone there know about the murders she committed here? Being only 34 years old, will she start a new family and have another child in her care? ... The fact is Allyson has never seen the inside of a jail cell and has only served 10 months in hospital since her sentencing. This is unacceptable.”