A Canadian man, Malcolm Watson, 35, who was convicted of a sex crime for having sex with a 15-year-old student of his, has been sentenced by Cheektowaga Justice Thomas Kolbert to choose either exile in Canada for the next three years or spend as much as a year in jail. Watson, already living in Canada with his wife and three children chose the exile, but many lawyers question the sentence.
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. ...
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.
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