American Exiled to Canada for Sex Offenses
- Thread starter Rodahn
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When I read the article something piqued my interest first this line
and then this
, and then I remembered a big front page article in the New York Times (I was in one of those news stand stores with magazines and newspapers from all over the globe), about a growing problem in New York State with "Town Courts", and the fact that the overwhelming majority of the presiding judges have no legal training whatsover, and that they quite often make rulings, that are not in sync with the law. So I googled Cheektowaga Town Court Justice, and I get this page http://www.cheektowagacourt.com, and low and behold you can read a very extensive bio about the "enlightened" justice who made this ruling. And my suspicions were correct, this dolt, is one of those "Town Court Judges" who have never had any formal legal training, in fact it appears as though he just sort of lucked in to the job. Gotta love the American Justice system. :
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Well. After watching the late night CTV news, I have a better picture of this event. The guy lives in Canada, and used to Teach in the US. He was caught with a teenager and then sentenced. He has since lost his job in the US as a Teacher, but still has to report to a Parole Officer. As crossing the Border daily may cause him problems in the future, he is now living and working (not as a Teaher) in Canada.
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George Wallace said:
That clarifies things a little bit, thanks for clearing this up somewhat. Although if he crosses the border, would that not give the customs agents/border guards the authority to refuse him entry?
Also Thanks George for putting this where it belonged, I wasn't sure at the time....
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His crossing of the Border and the possibilities of being detained by Border Services officers was one of his concerns. He still has to make visits to his Parole Officer, but no longer makes the daily crossings, thus cutting down his opportunities for being detained. With his having to report to a Parole Officer, in the US, it does look like he has been processed through the US Legal System and has gotten off lightly in the eyes of many here. I am sure that this protects him from prosecution a second time, here in Canada, for the same crime.
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OMG! The pedofilic lowlife goof is living just down the road... figuratively speaking.
Get this! He is not even registered as a predator in Canada and can continue to teach!!!!!
Children!
This is enough to make a grown man barf, this just isnt right!
http://www.niagarafallsreview.ca/webapp/sitepages/content.asp?contentid=242218&catname=Local+News&classif=
Sex offender exiled to Niagara
U.S. court banishes teacher to home in St. Catharines
ALISON LANGLEY
Local News - Tuesday, October 24, 2006 @ 02:00
A U.S. teacher convicted of having sex with a 15-year-old female student was offered two punishment options.
Spend up to a year in an American jail cell or a three-year exile to Canada.
Malcolm Watson, a U.S. citizen, chose Canada - specifically the St. Catharines home he shares with his Canadian wife and three children. The question now is - does Canada want him?
The 35-year-old former Buffalo Seminary teacher, who had previously lived in Fort Erie, appeared in Cheektowaga Town Court Monday and was sentenced to three years probation.
He can only enter the U.S. to report to his probation officer.
The Canada Border Services Agency and Citizenship and Immigration Canada are now reviewing the case to determine if Watson can remain in this country.
Niagara Falls Conservative MP Rob Nicholson said Canada will do "whatever we can using all the resources at our disposal to remove any non-citizen living in this country who is a threat to the public."
Although he refrained from commenting on the case for privacy reasons, Citizenship and Immigration Minister Monte Solberg used tough language to describe how Canada 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.
While not commenting on the specifics of the case, CBSA spokeswoman Jean D'Amelio Swyer said a foreign national convicted of a serious offence can be found inadmissible to Canada.
"All admissibility determinations are done on a case-by-case basis. Each case is reviewed to establish the exact nature of the foreign conviction and its Canadian equivalency before a final determination of admissibility can be made by the CBSA," she said.
Watson's lawyer, Oscar Smukler, also wonders what the future will hold for his client.
"We did some research on the question of whether Canada might consider throwing (Watson) out, which would make him a man without a country," Oscar Smukler said.
The unusual sentence also has lawyers questioning its legality.
Fort Erie immigration lawyer Rod McDowell said he has never heard of a court making a ruling that effectively exiles an American citizen to another country.
"This is like medieval times when a knight would be banished by the king," he said.
"We don't do that anymore. You cannot just revoke a person's citizenship like that. I'm shocked the DA isn't appealing the case." McDowell said there are means of revoking citizenship of a person who entered a country under false pretenses, such as a war criminal. But to banish a born citizen from the U.S. or Canada is nearly impossible, no matter what crimes they have committed.
Over the weekend, Smukler conceded the plea bargain was unusual.
"We did some research on the question of whether Canada might consider throwing (Watson) out, which would make him a man without a country," he said.
Normally, anyone convicted of a serious crime in the U.S. would not be allowed to enter Canada, McDowell said. But Watson's crime may not be one in Canada, where the age of consent is 14, unless sex occurs during a relationship of trust or dependency - in which case it becomes criminal.
In June, the federal Conservatives moved to raise the sexual age of consent by two years to 16.
"This sort of thing shows exactly why we have to raise the age of consent and hopefully, the opposition parties will get on board and pass this bill," Nicholson said. "We cannot allow Canada to become a haven for criminals."
As the offence occurred in the U.S., Watson will not have to register on the Ontario Sex Offender Registry, said Det. Sgt. Paul Bevan, of the Niagara Regional Police sexual assault unit. Although it is unlikely Watson would be able to obtain employment as teacher on this side of the border, local police will be keeping an eye on the former educator.
"We have assigned a detective to look into the matter to see if there is anything available to us within the Criminal Code. If there is anything we can do, then we will be taking whatever steps are appropriate," Bevan said. He also questions the legality of the sentence and hopes the case does not send the message that Niagara is a refuge for convicted sex offenders from the U.S.
"It's not our problem in Canada that he was convicted of a sex offence involving a minor over there," he said.
Watson was charged with endangering the welfare of a child and two counts of sexual abuse in April after a security guard at a Buffalo mall noticed him and the girl sitting in a parked car for two hours. While he was fired from the school after the allegations were made public, he had earlier been suspended for two weeks while school officials investigated previous concerns from parents who had heard about an inappropriate relationship.
According to published reports, five sets of parents met with school officials in early February and shared their knowledge of Watson's relationship with a 15-year-old girl.
After that meeting, Watson was warned to stay away from the girl.
Get this! He is not even registered as a predator in Canada and can continue to teach!!!!!
Children!
This is enough to make a grown man barf, this just isnt right!
http://www.niagarafallsreview.ca/webapp/sitepages/content.asp?contentid=242218&catname=Local+News&classif=
Sex offender exiled to Niagara
U.S. court banishes teacher to home in St. Catharines
ALISON LANGLEY
Local News - Tuesday, October 24, 2006 @ 02:00
A U.S. teacher convicted of having sex with a 15-year-old female student was offered two punishment options.
Spend up to a year in an American jail cell or a three-year exile to Canada.
Malcolm Watson, a U.S. citizen, chose Canada - specifically the St. Catharines home he shares with his Canadian wife and three children. The question now is - does Canada want him?
The 35-year-old former Buffalo Seminary teacher, who had previously lived in Fort Erie, appeared in Cheektowaga Town Court Monday and was sentenced to three years probation.
He can only enter the U.S. to report to his probation officer.
The Canada Border Services Agency and Citizenship and Immigration Canada are now reviewing the case to determine if Watson can remain in this country.
Niagara Falls Conservative MP Rob Nicholson said Canada will do "whatever we can using all the resources at our disposal to remove any non-citizen living in this country who is a threat to the public."
Although he refrained from commenting on the case for privacy reasons, Citizenship and Immigration Minister Monte Solberg used tough language to describe how Canada 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.
While not commenting on the specifics of the case, CBSA spokeswoman Jean D'Amelio Swyer said a foreign national convicted of a serious offence can be found inadmissible to Canada.
"All admissibility determinations are done on a case-by-case basis. Each case is reviewed to establish the exact nature of the foreign conviction and its Canadian equivalency before a final determination of admissibility can be made by the CBSA," she said.
Watson's lawyer, Oscar Smukler, also wonders what the future will hold for his client.
"We did some research on the question of whether Canada might consider throwing (Watson) out, which would make him a man without a country," Oscar Smukler said.
The unusual sentence also has lawyers questioning its legality.
Fort Erie immigration lawyer Rod McDowell said he has never heard of a court making a ruling that effectively exiles an American citizen to another country.
"This is like medieval times when a knight would be banished by the king," he said.
"We don't do that anymore. You cannot just revoke a person's citizenship like that. I'm shocked the DA isn't appealing the case." McDowell said there are means of revoking citizenship of a person who entered a country under false pretenses, such as a war criminal. But to banish a born citizen from the U.S. or Canada is nearly impossible, no matter what crimes they have committed.
Over the weekend, Smukler conceded the plea bargain was unusual.
"We did some research on the question of whether Canada might consider throwing (Watson) out, which would make him a man without a country," he said.
Normally, anyone convicted of a serious crime in the U.S. would not be allowed to enter Canada, McDowell said. But Watson's crime may not be one in Canada, where the age of consent is 14, unless sex occurs during a relationship of trust or dependency - in which case it becomes criminal.
In June, the federal Conservatives moved to raise the sexual age of consent by two years to 16.
"This sort of thing shows exactly why we have to raise the age of consent and hopefully, the opposition parties will get on board and pass this bill," Nicholson said. "We cannot allow Canada to become a haven for criminals."
As the offence occurred in the U.S., Watson will not have to register on the Ontario Sex Offender Registry, said Det. Sgt. Paul Bevan, of the Niagara Regional Police sexual assault unit. Although it is unlikely Watson would be able to obtain employment as teacher on this side of the border, local police will be keeping an eye on the former educator.
"We have assigned a detective to look into the matter to see if there is anything available to us within the Criminal Code. If there is anything we can do, then we will be taking whatever steps are appropriate," Bevan said. He also questions the legality of the sentence and hopes the case does not send the message that Niagara is a refuge for convicted sex offenders from the U.S.
"It's not our problem in Canada that he was convicted of a sex offence involving a minor over there," he said.
Watson was charged with endangering the welfare of a child and two counts of sexual abuse in April after a security guard at a Buffalo mall noticed him and the girl sitting in a parked car for two hours. While he was fired from the school after the allegations were made public, he had earlier been suspended for two weeks while school officials investigated previous concerns from parents who had heard about an inappropriate relationship.
According to published reports, five sets of parents met with school officials in early February and shared their knowledge of Watson's relationship with a 15-year-old girl.
After that meeting, Watson was warned to stay away from the girl.
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Well, now that I understand the issues...I've put away the chain-saw.
Clearly, he should be released in between the two countries.....from the centre span of the Rainbow Bridge, into the Niagara gorge.
Clearly, he should be released in between the two countries.....from the centre span of the Rainbow Bridge, into the Niagara gorge.
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I second the motion!
x-grunt
Full Member
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Now why would the reporter say it may not be criminal here? Watson is a teacher, he had sex with a minor age student = criminal behaviour under our laws, even according to the info that directly follows the reporter's statement. Ahh, maybe I'm just being too picky about wording.
It's interesting that the lawyer researched whether or not Canada might not allow him in (I'm assuming before working out the plea). Apparently what he found convinced him we were a safe bet. I wonder if we will prove him right or wrong?
Personally, what I find most disturbing isn't so much the criminal offence, as the arrogance of that court in using Canada as part of the sentence of a US citizen. I'd like to b-slap that judge.
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ProPatria Mike said:
Oh my, I just don't know whether to laugh or cry at this whole stupid babblekife......There are friggin' thousands of clowns out there running around with deportation orders a lot worse than this particular clown.
Criminy, I'm sick of mealy-mouthed politician stooges who have no idea what is REALLY going on in this country, but comment on the flavour of the moment anyway.
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x-grunt said:
The idiot who made this ruling is NOT a judge, despite what the papers say. He is a Town Justice (Similiar to a Justice of the Peace in Ontario, with the exception that JPs don't preside over criminal offences here), and based on his biography he has never had any formal legal education or training. Maybe this dolt was confused and thought the liberals were still in power and would look the other way.
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FWIW, if the man is convicted of a criminal act in the US, he is now a convicted felon in the USofA. As a convicted felon, he should not qualify for continued access to Canada and should be sent packing. As a teacher, he spent his two hours in the back seat of a car - if that isn't abusing his position of trust, I don't know what is.
I say GIT!
I say GIT!
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From the info I have read from another forum (blueline), this guy is apparently has Permanent Resident Status here, add to the fact that crimes he plead guilty to, are misdemeanours in NY State, and the Canadian equivalent crimes are dual-procedure offences, there isn't alot that can be done immediately. That isn't to say that the CBSA officers at the ports of entry in the Niagra Region won't give this guy a little extra attention as it were, next time he tries to come back across. I am sure the unofficial word will come down to find some reason not to let this jackass back in.
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geo said:
Well IMHO, even more appalling that the village judge/idiot, thought that this would be an acceptable punishment.... We as Canadians and Canada have now become the dumping ground for any of the undesirables... And the precedent has now been set. by this ruling..
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In the papers this morning - Dalton McGintie (sp?) PM for Ontario has said the fella is persona non grata and will be pushing the Feds to revoke the man's papers.
Given the number of votes that the Conservatives can gain / lose from Ontario, someone might listen............
Given the number of votes that the Conservatives can gain / lose from Ontario, someone might listen............
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Arrested at the border!
http://www.cbc.ca/canada/toronto/story/2006/10/26/sex-offender.html
An American teacher exiled to Canada after he was convicted of sexually assaulting a student was arrested by Canadian border guards on Thursday.
Malcolm Watson was arrested while returning from a court appearance in Buffalo, N.Y., officials with Public Safety Minister Stockwell Day's office have confirmed.
Malcolm Watson agreed to a three-year exile sentence at his home in Canada.Malcolm Watson agreed to a three-year exile sentence at his home in Canada.
Watson, who was convicted of sexually assaulting a 15-year-old student at a New York state school, lives in St. Catharines, Ont.
He was sentenced to serve three years probation in Canada after he requested to live in Ontario with his Canadian wife and children. A U.S. judge approved the plea bargain.
If Ottawa bars him from entering Canada, his sentence will be declared null and void, and he will be forced to return to the U.S.
Niagara Regional Police had been reviewing his conviction, and reasons and terms for his probation order, as well as whether he had any history with police in the St. Catharines region.
Watson was ordered by the U.S. court to provide a DNA sample and is forbidden from re-entering the U.S., except for probation hearings.
Ontario Premier Dalton McGuinty has slammed the American court for approving the plea bargain, saying Canada is not a "dumping ground" for U.S. offenders.
With files from the Canadian Press
http://www.cbc.ca/canada/toronto/story/2006/10/26/sex-offender.html
An American teacher exiled to Canada after he was convicted of sexually assaulting a student was arrested by Canadian border guards on Thursday.
Malcolm Watson was arrested while returning from a court appearance in Buffalo, N.Y., officials with Public Safety Minister Stockwell Day's office have confirmed.
Malcolm Watson agreed to a three-year exile sentence at his home in Canada.Malcolm Watson agreed to a three-year exile sentence at his home in Canada.
Watson, who was convicted of sexually assaulting a 15-year-old student at a New York state school, lives in St. Catharines, Ont.
He was sentenced to serve three years probation in Canada after he requested to live in Ontario with his Canadian wife and children. A U.S. judge approved the plea bargain.
If Ottawa bars him from entering Canada, his sentence will be declared null and void, and he will be forced to return to the U.S.
Niagara Regional Police had been reviewing his conviction, and reasons and terms for his probation order, as well as whether he had any history with police in the St. Catharines region.
Watson was ordered by the U.S. court to provide a DNA sample and is forbidden from re-entering the U.S., except for probation hearings.
Ontario Premier Dalton McGuinty has slammed the American court for approving the plea bargain, saying Canada is not a "dumping ground" for U.S. offenders.
With files from the Canadian Press
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