The Immigration and Refugee Board of Canada has ruled that Monty Ray Turner, 51, must remain in custody while preparations are made for an immigration admissibility hearing on whether he should be sent back to the United States.
"You are likely a fugitive from justice in the United States. You are the subject of a number of warrants out of the United States," board member Laura Ko said Tuesday in the detention review hearing, which was held via teleconference. Ko was in Vancouver while Turner was at the Winnipeg Remand Centre.
"It indicates to me that you have not complied with instructions of the police or the court system in the United States ... and that leads me to have a concern that you would not be likely to comply with conditions of your release to appear for future immigration proceedings here in Canada."
What remained unclear Tuesday was how Turner managed to cross the border with his three-year-old son last weekend, despite being the subject of arrest warrants and a court order prohibiting him from contacting the boy.
Warren Kelley, a lawyer for the Canada Border Services Agency, told the hearing Turner did not volunteer any information or answer any questions after being arrested. The agency is still investigating what happened.
Tuesday's detention review hearing is mandatory under Canadian law — people in custody have their situations reviewed within 48 hours.
Turner, who was found by police at a motel in Brandon, 200 kilometres west of Winnipeg, asked to be released but was denied.
"I have funds that I could stay in a motel and be subject to one location and ... not be able to go anywhere," Turner said.
"I'm not able to travel. My vehicle was (seized). I don't know what more to say. I can't go anywhere, but it is your hands, so I just ask for your mercy."
Turner said he had contacted legal aid about getting a lawyer, but had not yet secured one.
Ko ruled that Turner must remain in custody until at least his next detention review hearing next Tuesday. An admissibility hearing, at which the border services agency will seek to have him removed from the country, is expected to follow shortly after.
Turner is suspected of breaking into the home of Brandy Turner in Longmont, Colo., on Saturday, blasting her with a stun gun and pepper spray and kidnapping three-year-old Luke.
Turner was already under a court order prohibiting him from contacting his wife or son after disappearing with the boy for eight months in 2012, Tuesday's hearing was told.
Police tracked down Turner in Brandon on Sunday after he used a credit card to check into the Casablanca Motor Inn. He surrendered peacefully. Young Luke was taken into care by a child services agency while authorities made plans to have him reunited with his mother.
Brandy Turner was reunited with her son on Tuesday and both attended a news conference in Denver where the little boy smiled as he sat on his mother's lap.
She described feeling terror and disbelief after her son was taken, then anxiousness trying to figure out how to get her son home.
"There are some wonderful people in Canada who co-operated and then cared for Luke and did everything they could to safely return him," she said.
Monty Turner faces charges in the United States that include second-degree burglary, second-degree kidnapping, menacing, violation of a custody order, third-degree assault and child abuse.
The Canada Border Services Agency will argue that because the alleged crimes would carry at least a 10-year prison term in Canada, Turner must be returned to the U.S., Kelley said.
Luke's grandfather, Ronald Turner, 72, was pulled over in Missouri on Sunday on a warrant for second-degree kidnapping. He was driving a vehicle with a licence plate number listed on an Amber Alert that had been issued after Luke was taken.