A Bermuda-based doctor has been thrown in jail in Canada in a tug-of-love row, The Royal Gazette can reveal.

And Dr. Peter McLellan will appear in an Ontario court today to answer contempt of court charges.

Dr. McLellan -- an anaesthetist at the King Edward VII Memorial Hospital -- was remanded in custody after he visited Canada to attend a medical conference earlier this month.

A Toronto police spokesman confirmed: "He came into the country to go to a medical conference and he was detained on arrival.'' But he added: "He was initially arrested when he tried to leave the country.'' The case centres around a near four-year custody battle between Dr. McLellan and his former wife, who lives in Canada, over their ten-year-old daughter.

The spokesman added: "He has agreed to bring the daughter back to Toronto to re-look at the child custody situation.'' Dr. McLellan was granted custody of the child in August, 1996, on condition he remained in the Toronto area, participated in counselling by a court-appointed psychologist and foster an on-going relationship between the girl and her mother, Dr. Marguerite Kopaniak.

But Scottish-born Canadian citizen Dr. McLellan, who married a Bermudian lawyer, moved to the Island only days after the judgment -- leading to the threat of arrest for contempt of court if he returned to Canada. The same judge who gave him custody, Justice Janet Wilson, reversed her custody order in February, 1997.

Justice Wilson said then: "The father's conduct has deprived the child of a relationship with the mother. The respondent's (Dr. McLellan's) conduct since the conclusion of the trial, including his clandestine departure from the jurisdiction with the child.. .is reprehensible.'' At a hearing in April this year, another judge dismissed a bid by Dr. McLellan to have several orders of the court dismissed.

Mr. Justice Walsh said: "There is little doubt the respondent flagrantly disregarded the judgment of Justice Wilson. It is clear he acted in bad faith and against the advice of his counsel. His actions violated the undertakings he gave to the trial judge and completely frustrated the intended goals of the order.'' And Mr. Justice Walsh added: "Justice clearly prevents a custodial parent from avoiding the obligations imposed on him/her by simply removing the child from the jurisdiction.'' Dr. McLellan's lawyer in Bermuda, Georgia Marshall, yesterday declined to comment.

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