An American teacher, who persuaded a U.S. court to let him serve three years on probation in Canada after pleading guilty to sexual abuse, was released by Immigration Canada Friday after an official ruled he posed little threat to society.
At the immigration hearing Friday morning in Niagara Falls, Ont., Malcolm Watson was released after two days in custody and ordered to stay with his Canadian wife and three children at their home in nearby St. Catharines.
Malcom Watson was released from Canadian custody after an immigration hearing in Niagara Falls, Ont., Friday.
(CBC)
"I'm satisfied that as a danger, you're at the low end," Ken Thomson, the immigration review board member who gave the ruling, told Watson.
"When I look at the evidence … it's clear that he comes out at the low end of the scale."
Watson, 35, was teaching at an all-girls school in Buffalo, N.Y., when he was charged for having a relationship with a 15-year-old student. He pleaded guilty on Monday in a Buffalo court to sexual abuse in the third degree and endangering the welfare of a child.
The judge in Buffalo approved a plea bargain that — at Watson's request — sentenced him to three years probation in Canada, which caused outrage across the country and prompted the Conservative government to vow it would kick Watson out.
Canadian border guards arrested Watson on Wednesday as he returned from a court appearance in Buffalo.
Watson, who has landed immigrant status in Canada and has lived in Ontario for four years, sat next to his wife during Friday's proceedings and appeared relaxed.
Harper: Canada laws 'too loose'
Hours after the ruling, Prime Minister Stephen Harper promised the federal government would do everything within its legal power to get Watson out of the country.
"Obviously, like most Canadians, we're outraged, but we are extremely limited when it comes to legal options," Harper told reporters on Friday afternoon in Oakville, Ont.
'We'll use every legal means possible to prevent this individual from being free in Canada.'-Prime Minister Stephen Harper
"We'll use every legal means possible to prevent this individual from being free in Canada. He is, unfortunately, a Canadian resident, and Canada's laws on this regard are too loose."
Harper also said the case was a perfect opportunity for opposition parties to stop "stalling" his government's criminal justice agenda, including Bill C-22, which if passed, would raise the general age of sexual consent to 16 from 14.
In New York state, the age of consent for male-female sexual relations is 17.
Barred from re-entering U.S.
Government lawyers are scheduled to be in court next week to argue for Watson's deportation.
If Watson is returned to New York, he would most likely face another sentencing hearing and could be sentenced to probation again.
Watson was ordered by the U.S. court to provide a DNA sample and is forbidden from re-entering the country except for probation hearings.
Under Canadian law, permanent residents can be deported for serious crimes that would garner jail sentences of 10 years or more, including crimes that are considered misdemeanours in the United States.
With files from the Canadian Press
