American "Deported" to Canada

[Sibling Lambicus the Toluous]

I came across this news item this morning.  Don't know if it will be upheld, but it would have odd implications if it was:

U.S. teacher exiled to Canada after sexual abuse conviction

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.

...

Still, it remains to be seen how Canadian authorities will react.

Citizenship and Immigration Minister Monte Solberg said that while he could not comment on the case because of privacy concerns, he could comment in general terms about how federal officials would deal with non-Canadians convicted of crimes elsewhere.

"If non-citizens pose a threat to Canada, we will do everything in our power to have that person removed as quickly as possible," he said in an interview with the Globe and Mail.

Bizarre ruling.  And I think it's funny that, if you assume that the two options (1 year prison vs. 3 years exile in Canada) were equitable, the conclusion is that Canada is three times as nice as an American prison.*   

*actually, since the teacher chose exile, you could make a case that Canada is more than three times as nice as an American prison... I anticipate that this will be Canada's new marketing slogan for cross-border tourism.

[Outis the Unready]

Cheektowaga (I live on the cheek/buffalo border) is the famous town that handcuffed a woman in front of her 3 year old and 10 month old and called child protective services to take them away because she ran a red light.
She threatened to sue, IIRC, and they dropped the case altogether...but it's a very small town court with nutty, nutty judges.

[Bob in a quantum-state-of-faith]

As for me, I'd have taken the Canada route, and likely never returned ...

If you ask me, the bloke's mighty lucky that his wife allowed him back, if the charges are true.

[Sibling Chatty]

If the charges really are true, he'd best be thanking whatever deity of choice that he's not gettin' some really hard time.

Then again, if I was his wife, he would be... (My late spouse was a cheater. On my "morally objectionable scale" cheaters rate slightly above necrophiliac cannibals. Slightly.)

[Sibling Spoffish]

That's just plain weird. Though you're right, it does provide some nice marketing material for Canada.

[Sibling Lambicus the Toluous]

Well... it seems that Canada's decided it's having none of this.  The teacher was arrested coming back into Canada:

Canada arrests U.S. sex offender
ST. CATHARINES — An American schoolteacher serving three years' probation in Canada has been arrested by Canadian border guards.

Hamilton's CH News reported today that Malcolm Watson was arrested by Canadian officials while returning from a court appearance today in Buffalo, N.Y.

Full story here.

I guess he'll be going to American jail now.