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:
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.
QuoteU.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.