"She therefore is free of any restriction in relation to her crimes," Toews said in a written statement Friday. "It is unfortunate that the Alberta Government did not act prior to Ms. McConnell's release in order to prevent this situation from occuring."
Allyson McConnell's jail term ended Thursday allowing the Canada Border Service Agency to begin her deportation process.
That seemed to catch the province, which is appealing McConnell's manslaughter conviction and sentence, by surprise.
On Friday, a deportation review scheduled McConnell to leave Monday for her native Australia.
Toews said Alberta Justice Minister Jonathan Denis did not reach his office until the same day.
"As Ms. McConnell is the subject of a valid removal order and would otherwise be free of any sentence or restriction in Canada, CBSA will be required by law to proceed with the presently scheduled removal on Monday evening," Toews said.
Until then McConnell will remain in a Edmonton psychiatric hospital, a place where her lawyer Peter Royal said "she's lived safely for the last three years."
Royal told a the hearing Friday that McConnell is "anxious to return to Australia."
Alberta Justice spokeswoman Michelle Davio said the Crown has no legal grounds to appeal the deportation order.
"Whether or not Ms. McConnell remains in Canada, Albertans can be assured that the Prosecution Service is pressing ahead with these appeals and will continue to seek justice in this case," Denis said in a statement Friday.
McConnell was convicted of manslaughter in April 2012 in the deaths of her sons 2½-year-old Connor and 10-month-old Jayden.
The boys were found dead in the bathtub of their home in Millet, Alta. in February 2010.
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