A provincial court judge in Shelburne, North Carolina, has banished a dual US-Canadian citizen from the country for two years in what he described as an “extremely extraordinary” sentence.
Alan Derosiers, 64, was charged with two counts of criminal harassment last month after he was accused of stalking a 25-year-old woman in Yarmouth on two occasions, in October and December.
The RCMP also issued a public notice in December describing Desrosiers as a high-risk offender.
More than two decades ago, he was convicted of sex crimes in the United States, including kidnapping, aggravated rape, rape, assault with intent to rape and assault and battery, according to a police release at the time.
He served a 23-year sentence in the US for the crimes committed in Massachusetts.
On Wednesday, both the Crown attorney and Desrosiers recommended the terms of the sentence to Judge Jim Burrill. Desrosiers spent most of his life in the United States and only arrived in Nova Scotia in August 2022.
“I am now convinced that a return to the US offers the best hope of any kind of rehabilitation because that is where he has lived for most of his 64 years.” That’s where any support there is will be and has been,” Burrill said.
“And he’s on corrections there and I’m told he’s subject to some sex offender reporting provisions in that jurisdiction as well.” And this hope of rehabilitation offers some protection for Canadian citizens as well.”
He has no intention of returning to Canada
Desrosiers told the judge that if he is allowed to return to the U.S., he will not return to Canada.
“I have spoken to a lawyer and it would be my desire to return to the United States. I have no intention of returning to Canada,” he said.
Burrill asked Desrosiers if he had an address in the US. Desrosiers said he hasn’t, but he already has an “agreement” with a shelter in Boston.
The judge described the sentence as “extremely extraordinary” as it was “predominantly designed to banish an individual from an area”. He said he had never seen such a case.
“In this case, the sentence is intended to drive a Canadian citizen out of Canada,” Burrill said. “A review of the case law has not led me to discover a single case in this country that has been committed or recognized to have been committed against a Canadian citizen.”
DeRozier’s dual citizenship is what makes the circumstances unique, Burrill said. His only connection to Nova Scotia is through his mother and he only recently arrived in the province, the judge noted.
Concerns about “restriction of the right of return”
Burrill said he has reservations about removing Derosier’s rights as a Canadian citizen and about the United Nations’ Universal Declaration of Human Rights, which includes a right to return to the country.
“When we limit this right of return, we must be very careful and only do so in exceptional circumstances, where it is appropriate and where the accused consents to it, regardless of whether he or she is aware of the rights being waived,” he said.
Under the terms of his sentence, Desrosiers can only return to Canada during the term of the order if he receives the court’s permission. Cannot apply for a Canadian passport. He cannot have contact with women unless they are peace officers or help facilitate travel. And he must inform the court of any change of name or address.
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