The federal government is refusing to intervene on the planned deportation of Allyson McConnell, a woman convicted in the drowning deaths of her young sons three years ago.

Her sentence was six years for each charge, to be served concurrently, but she received two-for-one credit for time already served – making her eligible for early release in 10 months – although she was to remain in custody for 15 months.

As of Thursday, Allyson McConnell’s minimum 10 months in custody had ended, and she was eligible for early release – and would be deported back to her native Australia.

The province had wanted to keep McConnell in Alberta, as two appeals on the case are ongoing – one for her sentence, and one for the acquittals on the more serious charges she originally faced.

However, a statement from federal Public Safety Minister Vic Toews stated as of April 5, McConnell had “earned remission of her sentence.”

“She therefore is free of any restriction in relation to her crimes.”

In the statement, Toews goes on to say the province won’t take further steps to stop McConnell’s deportation.

It’s an outcome the province did not want.

“We would like to have her answer for her crimes in Alberta,” Alberta Solicitor General Jonathan Denis said.

As a result, McConnell could be deported as early as Monday evening – the statement from Minister Toews goes on to explain:

“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.”

However, Denis said Friday the province would try and bring McConnell back to Canada if the current appeals go through.

“If the appeal is successful, we fully intend to work with the Australian government and have her brought back to Canada,” Denis said.

Earlier this week, the possibility of McConnell’s release made headlines after her former husband came forward, concerned that the woman who admitted to drowning their sons would go free.

Curtis McConnell released a statement Wednesday to CTV News, saying he was appalled that former wife was eligible for early release.

Allyson McConnell was charged with second-degree murder after her sons; 10-month-old Connor and 2-year-old Jayden were found drowned in the bathtub of the family home in early 2010.

She admitted to drowning her children in her trial – but testified she couldn’t remember anything on the events of that weekend.

Her charges were downgraded to manslaughter, and she was convicted and sentenced in the summer of 2012.

With files from Bill Fortier