Legal Minute*GLM*
By Allan Gold, lawyer Montreal and elder law attorney
Vol. 17, #3 – March 31, 2026
OPENING
I hope and pray that Nancy Guthrie is okay and she’ll be returned safe and sound to her family. This is a shocking and heinous crime. That’s why I’m also angry as hell that somebody could do such a horrible thing!
As a lawyer Montreal, elder law attorney, I say, “I’m not a “hand-wringing” sort of person. I’m more a problem-solver. I look for solutions. I therefore ask, “Can we do something in order to reduce the possibility that such an abduction might happen here in Canada?”
WHAT HAPPENED?
“On February 1, 2026, Nancy Guthrie (née Long), the American 84 year old mother of NBC News journalist and Today co-anchor Savannah Guthrie, was reported missing from her home in Catalina Foothills, a suburb of Tucson, Arizona. Evidence recovered at the residence indicated that Guthrie had been taken against her will, and Pima County Sheriff Chris Nanos stated that he believed she had been abducted.”1
COMMENTARY
Mrs.. Guthrie has now been missing 2 months. Of course, our collective hearts go out to this lady and her entire family. I pray for a good outcome. But this case made me think. We have elderly people who live independently. Many are alone after divorce or having lost their spouse.
I fear we could have such a crime in Canada. I’m thinking that if our law was tougher, a potential kidnapper might not go down this road. Since many aged citizens are vulnerable, and we have a collective obligation to protect them, I think legislators should consider increasing the punishment for kidnapping an elderly victim. I have a modest proposal.
MODEST PROPOSAL
This crime is exceptionally wicked, vile, and shocking, carrying a connotation of being morally repulsive. To deter such a happening, I propose that the penal sanction be increased to the outermost threshold. In the alternative we can make it a new and distinct crime. To be clear, I’m proposing that Capital punishment also known as the death penalty be brought back for this despicable crime.
It should be noted:
- That it was abolished in Canada on December 10, 1998 – replaced with mandatory life sentences. Abolition was driven by concerns over human rights, the risk of executing innocent people, and the lack of evidence that it deters violent crime.
- That legal experts generally consider the reintroduction of the death penalty to be unconstitutional, as it would violate the Charter of Rights and Freedoms, specifically the right not to be subjected to cruel and unusual punishment.
- That nevertheless, the topic sometimes comes up.
- That apparently.some polls show public support for reinstatement in specific cases. Perhaps, the time is now.Maybe a case like this merits such an extreme sanction.
NOTEWORTHY
Allan J Gold is now featured in FeedSpot Top 90 Canada Law Blogs. Check it out at https://bloggers.feedspot.com/canada_law_blogs/
As well, Allan J Gold can be found at https://www.lexblog.com/site/allan-j-gold-blog/
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CONCLUSION
As a lawyer Montreal, elder law attorney, I say, “To deter such a happening, I propose that the sanction under the Criminal Code be increased to the forfeiture of life. Yes, that’s a severe measure, but doing nothing is not an option. Let’s start the discussion.” **
ALLAN J. GOLD, lawyer Montreal, elder law attorney.
www.allanjgold.com
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1. https://en.wikipedia.org/wiki/Disappearance_of_Nancy_Guthrie
NOTICE – CAUTION –DISCLAIMER
The material provided herein is of a general nature, strictly for informational purposes. The interpretation and analysis is not to be misapplied to a personal situation with a particular set of facts. Under no circumstances, are the herein suggestions and tips, intended to bring a reader to the point of acting or not acting, but instead, the hope is that they are to be a cause for pause and reflection. It is specifically declared that this content is not to be a replacement of, or a substitution for, legal or any other appropriate advice. To the contrary, for more information on these presents, related subjects or any other questions, it is the express recommendation of the author that everyone seek out and consult a qualified professional or competent adviser.
**© 2026– ALLAN GOLD – ALL RIGHTS RESERVED-TOUS LES DROITS SONT RÉSERVÉS Ed. 2026-03-31-001
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