Convicted Sex Offender Chooses Canadian Exile Over Jail
Sunday, October 22, 2006
BUFFALO, N.Y. — Jail or Canada? Malcolm Watson chose Canada.
In an unusual sentence that has immigration lawyers questioning its legality, the U.S. citizen has agreed to stay out of the United States for the next three years as punishment for having sex with a 15-year-old female student.
The exile starts Monday for the 35-year-old former Buffalo Seminary teacher, who was arrested in April after a mall security guard noticed him and the girl sitting in a parked car for two hours.
Erie County District Attorney Frank Clark called the plea deal "a little dicey" but said the girl's family was happy with it.
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, Ontario, with his Canadian wife and three children.
"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.
Cheektowaga Justice Thomas Kolbert could not be reached for comment.
Another immigration lawyer, Robert Berger, warned that Watson could be barred from entering Canada because of his new criminal record.
Even Watson's lawyer, Oscar Smukler, said he was surprised by the deal.
"We did some research on the question of whether Canada might consider throwing [Watson] out, which would make him a man without a country," Smukler said.
The alternative sentence? As much as a year behind bars.
unusual sentence in sex offender case.. canada..not jail!
by candidlynuts 6 Replies latest watchtower child-abuse
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candidlynuts
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Scully
You would think that this kind of sentence would have to be approved by the country he was being "banished" to. We might need to make some calls to the Ontario Attorney General's office about this guy. FFS, I don't want him here either, despite the fact that he has a family here. I'm betting that the community where he lives would rather have him in jail for a couple of years too.
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candidlynuts
the article also states he stll lives with his wife and children.. wonder if they're girls?
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kwintestal
If I understand the laws correctly, in Canada it wouldn't be a crime as the age of consent is 14 yo. I don't think Canada would refuse entry to someone who committed a crime, that isn't considered a crime in Canada. Not that I think it's right, just the lawyer in me thinking through this.
Kwin
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voltaire
Personally, I'd rather go to jail. ;)
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Satanus
They could always send him to mexico, or africa. If they stuff a thousand dollar bill in his pocket, those places will welcome him
S
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SirNose586
If I were given a choice of Canada or jail, I think I'll take jail. I can't stand cold weather, sorry.