High-risk offender in Yarmouth County temporarily banished from Canada

A provincial court judge inShelburne, N.S., hasbanished a dual U.S.-Canadian citizen from the country temporarily for five yearsin what hedescribed as an"extremely extraordinary" sentencing.

Allen Desrosiers, 64, was charged with two counts of criminal harassment last monthafter he was accused ofstalkinga 25-year-old woman in Yarmouthon two occasions, in October and December respectively.

The RCMPalso issued a publicnotification in December describingDesrosiers as a high-risk offender.

More than two decades ago, he was convicted of sexual offences in the United States that included kidnapping, aggravated rape, rape, assault with intent to rape, and assault and battery, according to a police news release at the time.

He completeda 23-year sentence in the U.S.for the crimes, which were committed in Massachusetts.

On Wednesday, Desrosierspleaded guilty to criminal harassment. He was sentenced to three years probation, which include conditions he leave Canada and cannot return without the court's permission. He also entered into a peace bond whichtakes effect at the end of his probation and that further restricts him from coming back to the countrywithout the court's permission for another two years.

Joint recommendation

Both the Crown and Desrosiers's lawyerrecommended thesentencing conditions toJudge Jim Burrill.Desrosiers has spent the majority of his life in the United Statesand had returned to Nova Scotia in August 2022.

"I am now convinced a return to the U.S. offers the best hope of any type of rehabilitation because that's where he has resided for most of his 64 years. It's where any supports he has will be and have been," Burrill said.

"And he has been followed by corrections there, and I'm told is subject to some reporting provisions as a sex offender in that jurisdiction as well. And that hope for rehabilitation offers some protection for the citizens of Canada as well."

No intentions of returning to Canada

Desrosiers told the judgeif he was allowed to return to the U.S., he wouldn't come back to Canada.

"I talked to a lawyer and it would be my wish to return to the United States. I don't have any intention of coming back to Canada," he said.

Burrill asked Desrosiers if he had an address in the U.S.Desrosiers said he didn'tbut he had "an arrangement already in place" with a shelter in Boston.

The judge described the sentence as "extremely extraordinary" because it "is primarily designed to banishan individual from a locale." He said he's never seen a case like it.

"In this case, the sentence is designed to banish a Canadian citizen from Canada," Burrill said."A review of the case law has not resulted in me finding one case across this country such has been done or acknowledged to have been done to a Canadian citizen."

Desrosiers's dual citizenship is what makes the circumstances unique,Burrillsaid. His only connection to Nova Scotia is through his mother and he had only recently arrived in the province, the judge noted.

Concerns about 'limiting the right of return'

Burrill said he had reservations about extinguishing Desrosiers's rights as a Canadian citizenand about the United Nations Universal Declaration on Human Rights, which includes a right of returnto one's country.

"When we are limiting that right of return, we have to be very careful and only do it in exceptional circumstances where it's appropriate and where the accused agrees to it, whether he or she is aware of the rights they are giving up," he said.

Under some of the conditions of his sentence, Desrosierscan't apply for a Canadian passport. He can't havecontact with females unless they are peace officers or are helping to facilitate travel. And he must keepthe court informed of any name or address changes.

On Thursday, RCMP said in a news release thatDesrosiers hadleftCanada.