Unusual justice forces man to stay in Canada

Update 10/27: The American sex offender I wrote of earlier this week was released from custody on Friday and ordered to live at his family's home in St. Catharines, Ontario.

“I'm satisfied that as a danger, you're at the low end,” said Ken Thomson, the immigration review board member who gave the ruling in Niagara Falls, Ont.

Malcolm Watson had been arrested trying to re-enter Canada from Buffalo, N.Y., where he was reporting to his probation officer.

Some of you wrote in to ask about Canada's age of consent. The way I understand it, the age of consent is 14, HOWEVER, in a teacher-student or similar relationship, the law jumps up to 18. So since it would also be a crime on Canadian soil, Watson should be treated like a criminal on Canadian soil. But nobody in power seems to understand that.



Can a convicted sex offender be sentenced to live in a country where the crime was not convicted?

Teacher Malcolm Watson chose freedom in Canada over American jail after being convicted of sexually abusing a 15-year-old student.

The sentence requires Watson to stay out of the U.S. for the next three years. Apparently Watson is a U.S. citizen with a Canadian wife and family. He can enter the United States, but only to report to his probation officer.

The case was imposed by Cheektowaga (N.Y.) Town Court. Watson lives with his wife and three children in Fort Erie, Ontario.

There are two major legal issues: can an individual be deprived of his own country as a condition of sentence? Does another country have to take that person?

If Canada kicks him out, Watson theoretically becomes a person without a country. However, he can go back to the U.S. to serve his sentence.

Think of it this way, if Watson were convicted, and ran away to Canada before going to prison, the U.S. officials would want to extradite him from Canada back to the U.S. But he didn't run away, and he gets to live in Canada scot-free.

It's unfortunate that a judge, especially one who lives so close to the border, thinks so little of Canada that it would be considered a dumping ground for sex offenders.