Canada = America's Sieberia ?
WINNIPEG (CBC) - An American teacher convicted of having sex with a 15-year-old student has been exiled to Canada as punishment in an unusual case that has immigration experts questioning its legality.
A U.S. judge gave Malcolm Watson a choice between serving as much as a year behind bars or agreeing to a three-year exile in Canada. Watson, a 35-year-old former teacher at Buffalo Seminary in New York state, chose Canada.
Under the sentence for sexual abuse imposed by Cheektowaga town court, Watson can enter the United States only to report to his probation officer. Watson already lives across the border in Fort Erie, Ont., with his Canadian wife and three children. The sentence starts Monday.
Robert Kolken, a Buffalo immigration lawyer, told the Toronto Star that exiling a citizen is unheard of.
"I don't see how a judge sitting in a criminal court in the U.S. can lawfully banish a citizen as a condition of sentencing," he said.
2006-10-23 05:46:42 · 4 answers · asked by Anonymous in Politics & Government ➔ Politics
Bella Donna
I am not sure what to make of any of the article so I thought I'd post it and see what others had to say
2006-10-23 06:10:41 · update #1
Well, I don't know how that dog and pony show will wind up, but I can tell you, as a criminal defense attorney, that judges routinely make not coming back into the county or state a condition of probation, for a non-resident...
2006-10-23 05:56:24 · answer #1 · answered by ? 7 · 1⤊ 0⤋
Since he lives in Canada, I assume he is a Canadian citizen. If so, he can be barred from the US, but I think only federal judges have that authority. If he is a US citizen, I don;t think anyone does.
From your description, he was not really exiled, he had a choice of staying out of the country or going to jail, so you might say it was voluntary on his part.
I can't hrlp but wonder how Canadian authorities feel about this.
2006-10-23 12:51:12 · answer #2 · answered by yupchagee 7 · 1⤊ 0⤋
Oh great, here is an example of what Cuba did by emptying their prisons to get rid of criminals and miscreants. As for the defendant a three year exile to Canada is preferable to the one year jail term. I don't believe Canada should allow this sentence to involve a US illegal to reside here. Surely the Canadian Government would not have allowed a Visa on this basis. Apprehend and deport this bum I say.
2006-10-23 12:55:47 · answer #3 · answered by Kenneth H 5 · 0⤊ 0⤋
Are you sure. Never heard of such a thing. They have children in Canada, where is the punishment if his wife is Canadian (or is that the punishment)?.
2006-10-23 13:04:07 · answer #4 · answered by Bella Donna 5 · 1⤊ 0⤋