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Thread started 10/22/06 9:37am

luv4u

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Unusual sentence: U.S. man chooses exile in Canada over jail; legality in doubt

at 11:39 on October 22, 2006, EST.

BUFFALO (AP) - Jail or Canada? Malcolm Watson chose Canada.

In an unusual sentence that has immigration lawyers questioning its legality, Watson, a 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, Ont., with his Canadian wife and three children.

But exiling a citizen is unheard of, said Robert Kolken, a Buffalo immigration lawyer.

"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.


©The Canadian Press, 2006


What was this judge thinking?????
canada

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Reply #1 posted 10/22/06 11:55am

matt

Sr. Moderator

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luv4u said:

What was this judge thinking?????


Exactly. Why should the U.S. use Canada as a place to get rid of unwanted people? And AFAIK, unless this guy is a Canadian citizen or permanent resident, he has no right to be there anyway.

On a vaguely related note, I think I'm going to Vancouver next month.

canada thumbs up!
Please note: effective March 21, 2010, I've stepped down from my prince.org Moderator position.
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Reply #2 posted 10/22/06 1:49pm

ehuffnsd

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matt said:

luv4u said:

What was this judge thinking?????


Exactly. Why should the U.S. use Canada as a place to get rid of unwanted people? And AFAIK, unless this guy is a Canadian citizen or permanent resident, he has no right to be there anyway.

On a vaguely related note, I think I'm going to Vancouver next month.

canada thumbs up!



his wife and kids are Canadian
You CANNOT use the name of God, or religion, to justify acts of violence, to hurt, to hate, to discriminate- Madonna
authentic power is service- Pope Francis
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Reply #3 posted 10/22/06 1:52pm

shockadelicaa

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So, what, he'd gonna come and have sex with our female students?

Why do we always end up with your castoffs? razz


I was in Vancouver last weekend...I love it. Gorgeous town. cool
"You could say I'm a terminal case/You could burn up my clothes/Smash up my ride...well, maybe not the ride"
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Reply #4 posted 10/22/06 1:58pm

ehuffnsd

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shockadelicaa said:

So, what, he'd gonna come and have sex with our female students?

Why do we always end up with your castoffs? razz


I was in Vancouver last weekend...I love it. Gorgeous town. cool


maybe he should be sent Austrilia
You CANNOT use the name of God, or religion, to justify acts of violence, to hurt, to hate, to discriminate- Madonna
authentic power is service- Pope Francis
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Reply #5 posted 10/22/06 2:01pm

Teacher

I'd choose exile!!!!! wave mr.green of course with my monkey fallinluv
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Reply #6 posted 10/22/06 2:03pm

MikeMatronik

I'd love to go to Canada! sad
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Reply #7 posted 10/22/06 2:24pm

fathermcmeekle

MikeMatronik said:

I'd love to go to Canada! sad

Just find a fifteen year old and, well, maybe not...

confused
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Reply #8 posted 10/22/06 2:25pm

MikeMatronik

fathermcmeekle said:

MikeMatronik said:

I'd love to go to Canada! sad

Just find a fifteen year old and, well, maybe not...

confused


confused

lol lol lol lol lol
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Reply #9 posted 10/22/06 3:08pm

emm

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Teacher said:

I'd choose exile!!!!! wave mr.green of course with my monkey fallinluv

we'd gladly take you!! hug
on the condition that you and monkey meet us wonderful gals! biggrin
doveShe couldn't stop crying 'cause she knew he was gone to stay dove
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Reply #10 posted 10/22/06 3:17pm

SpisaRibb

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I like the comments Bill Maher said about pedophilia recently

"there are alot of creepy old men out thier lusting for your kids
They work for MTV, the pharmacutical industry, McDonalds....."from episode 85 podcast
0
and Im quite tired of hear this 'righteous indignation about pedophiles'


SHUT UP!

"the ones fucking your kids are Y-O-U!"
[Edited 10/22/06 15:18pm]
..
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Reply #11 posted 10/22/06 3:58pm

shockadelicaa

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MikeMatronik said:

I'd love to go to Canada! sad


We'd love to have you!

hug
"You could say I'm a terminal case/You could burn up my clothes/Smash up my ride...well, maybe not the ride"
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Reply #12 posted 10/22/06 4:26pm

MikeMatronik

shockadelicaa said:

MikeMatronik said:

I'd love to go to Canada! sad


We'd love to have you!

hug

hug
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Reply #13 posted 10/22/06 4:28pm

Handclapsfinga
snapz

but...why canada? you'd think if one wanted to go into exile for that kinda shit, they'd go someplace further away than canada. disbelief
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Reply #14 posted 10/22/06 4:32pm

emm

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because
Watson already lives across the border in Fort Erie, Ont., with his Canadian wife and three children
doveShe couldn't stop crying 'cause she knew he was gone to stay dove
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Reply #15 posted 10/22/06 4:34pm

Handclapsfinga
snapz

emm said:

because
Watson already lives across the border in Fort Erie, Ont., with his Canadian wife and three children

coulda taken the wife and kids and booked it to buttfuck, mongolia or someplace and went into exile there. ill
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Reply #16 posted 10/22/06 4:37pm

emm

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i would guess it's less about exile and more about "don't come back for three years"

hardly an appropriate punishment for the crime, no matter which way you look at it.
what prevents him from perving out again? no matter where he lives?
doveShe couldn't stop crying 'cause she knew he was gone to stay dove
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Reply #17 posted 10/22/06 4:40pm

Handclapsfinga
snapz

emm said:

i would guess it's less about exile and more about "don't come back for three years"

hardly an appropriate punishment for the crime, no matter which way you look at it.
what prevents him from perving out again? no matter where he lives?

very true. dude shoulda been locked up. disbelief
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Reply #18 posted 10/22/06 4:48pm

emm

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being locked up for a year doesn't necessarily stop him from perving out either

if he understands that sex with a minor is not okay
especially when you were seminary teacher disbelief

but all of this is moot as he wouldn't be allowed in this country with that criminal record. period.

edit: he's a permanent resident of canada so this isn't going to prevent him from entering the country confused
[Edited 10/24/06 23:16pm]
doveShe couldn't stop crying 'cause she knew he was gone to stay dove
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Reply #19 posted 10/22/06 4:52pm

ZombieKitten

ehuffnsd said:

shockadelicaa said:

So, what, he'd gonna come and have sex with our female students?

Why do we always end up with your castoffs? razz


I was in Vancouver last weekend...I love it. Gorgeous town. cool


maybe he should be sent Austrilia


omfg

we don't want him! hmph!

no no no!
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Reply #20 posted 10/22/06 6:56pm

CinisterCee

.... Cuz Canada doesn't have 15 year olds? confuse

Am I missing some logic here? neutral
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Reply #21 posted 10/22/06 7:11pm

shockadelicaa

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How is that even a punishment?
Canada's an awesome place to live. I love it. biggrin

And, as a fifteen year old female, I'd rather rather less pedophiles hanging around.
"You could say I'm a terminal case/You could burn up my clothes/Smash up my ride...well, maybe not the ride"
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Reply #22 posted 10/22/06 8:05pm

SlamGlam

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luv4u said:

"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.


poor baby... he should spend the next 30 years in a prison.

What was this judge thinking?????


i do not know... seems to need to be given 30 years as a dish washer to think about what he did...

on a related note: if he were to have sex with a girl under 18 while in Canada the US Federal government could put him in federal prison.
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Reply #23 posted 10/24/06 7:15pm

matt

Sr. Moderator

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ehuffnsd said:

matt said:



Exactly. Why should the U.S. use Canada as a place to get rid of unwanted people? And AFAIK, unless this guy is a Canadian citizen or permanent resident, he has no right to be there anyway.


his wife and kids are Canadian


Oops... that'll teach me to read before I respond. boxed
Please note: effective March 21, 2010, I've stepped down from my prince.org Moderator position.
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Forums > General Discussion > Unusual sentence: U.S. man chooses exile in Canada over jail; legality in doubt