Brian P. Goodman
Encyclopedia
Brian P. Goodman began a four year period as Chairperson of the Immigration and Refugee Board of Canada
(IRB) on June 4, 2007.
In 1974 he was called
to the Ontario
Bar. He has a Masters Degree in Public Law
. In 1983 he joined the Ontario
Civil Service
. In May 1998, he was appointed to the position of Executive Lead, Agency Reform for Ontario's Ministry of the Attorney General.
In 2001, Goodman was appointed a member of the Immigration and Refugee Board of Canada
, and assigned to the Convention Refugee Determination Division in Toronto
. In 2003 he was reappointed to that position.
Nuremberg Principle IV put him under legal obligation to avoid participating in the invasion of Iraq and the Iraq war. In order to avoid the punishment for desertion
which he would face if he returned to the U.S., he applied for refugee status in Canada
.
Before the hearing started, however, Goodman, Coram
at the Immigration and Refugee Board of Canada
ruled that the legality or illegality of the war
could not be used as an admissible argument in Hinzman
's hearing.
Reporting on Goodman's pre-hearing ruling on the exclusion of certain types of evidence, the Toronto Star
published this statement:
In the end, Goodman rejected Jeremy Hinzman
's claim for refugee status.
Reporting on Goodman's decision, the BBC
published this statement:
Removing the Legality of the Iraq War
as an issue in this type of case set a precedent for the similar cases of other war resisters who would come after Hinzman in subsequent years. During these subsequent years, Brian Goodman would be the Chairperson of the Immigration and Refugee Board of Canada
, as this News Release shows:
On Nov 15, 2007, in the Jeremy Hinzman
case, a coram of the Supreme Court of Canada
made of Justices Michel Bastarache
, Rosalie Abella
, and Louise Charron
refused an application to have the Court hear the case on appeal, without giving reasons.
On November 24, 2007, the Ottawa Citizen
reported the following:
“... in written arguments to the Supreme Court of Canada
, Mr. House
pointed out that although our courts have so far refused to grant refugee status to Americans soldiers who are deserting military duty out of moral objection to the war in Iraq, in 1995 the Federal Court of Appeal
granted refugee status to a deserter from Saddam Hussein's armed incursion into Kuwait
, on the basis that he should not be compelled to take part in an illegal war.
"The courts are taking one stance for Saddam Hussein
's soldiers and another one entirely for American soldiers," Mr. House
said.”
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
(IRB) on June 4, 2007.
In 1974 he was called
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
to the Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
Bar. He has a Masters Degree in Public Law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
. In 1983 he joined the Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
Civil Service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
. In May 1998, he was appointed to the position of Executive Lead, Agency Reform for Ontario's Ministry of the Attorney General.
In 2001, Goodman was appointed a member of the Immigration and Refugee Board of Canada
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
, and assigned to the Convention Refugee Determination Division in Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
. In 2003 he was reappointed to that position.
Controversy over the Jeremy Hinzman case
In 2004 and 2005, Goodman took a role in hearing the well publicized case of Jeremy Hinzman, an Iraq War Resister who claimed that the international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
Nuremberg Principle IV put him under legal obligation to avoid participating in the invasion of Iraq and the Iraq war. In order to avoid the punishment for desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
which he would face if he returned to the U.S., he applied for refugee status in Canada
Immigration and Refugee Protection Act
Immigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
.
Before the hearing started, however, Goodman, Coram
Coram non judice
Coram non judice, Latin for "before one who is not a judge," is a legal term typically used to indicate a legal proceeding without a judge, with improper venue, or without jurisdiction....
at the Immigration and Refugee Board of Canada
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
ruled that the legality or illegality of the war
Legality of the Iraq War
The legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
could not be used as an admissible argument in Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
's hearing.
Reporting on Goodman's pre-hearing ruling on the exclusion of certain types of evidence, the Toronto Star
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...
published this statement:
"... the federal immigration officer ... ruled that Hinzman may not use the legal basis of the Iraq warLegality of the Iraq WarThe legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
to justify his ... claim.
This, in itself, is odd reasoning. As HinzmanJeremy HinzmanJeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
's lawyer Jeff HouseJeffry HouseJeffry A. House is a lawyer in Toronto, Ontario, Canada. He is best-known for his efforts on behalf and representation of fugitive American soldiers and Native Canadian protesters.-American soldiers:...
points out, Canada has accepted the illegal war argument before.
In 1995, a federal courtFederal Court of CanadaThe Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
judge ruled that a deserter from Saddam HusseinSaddam HusseinSaddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
's army was entitled to refugee status because he had been ordered to participate in Iraq's illegal 1990 invasion of KuwaitInvasion of KuwaitThe Invasion of Kuwait, also known as the Iraq-Kuwait War, was a major conflict between the Republic of Iraq and the State of Kuwait, which resulted in the seven-month long Iraqi occupation of Kuwait, which subsequently led to direct military intervention by United States-led forces in the Gulf...
.
Citing what he labelled an authoritative text, Judge Arthur Stone wrote, "There is a range of military activity which is simply never permissible in that it violates basic international standards. This includes ... non-defensive incursions into foreign territory."
In the end, Goodman rejected Jeremy Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
's claim for refugee status.
Reporting on Goodman's decision, the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
published this statement:
"Brian Goodman['s]... ruling did not come as a surprise, the BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
's Lee Carter in TorontoTorontoToronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
says. While CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
opposed the US-led invasion of Iraq, officials are aware that accusing Washington of persecuting its own citizens would cause an international diplomatic incident..."
Removing the Legality of the Iraq War
Legality of the Iraq War
The legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
as an issue in this type of case set a precedent for the similar cases of other war resisters who would come after Hinzman in subsequent years. During these subsequent years, Brian Goodman would be the Chairperson of the Immigration and Refugee Board of Canada
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
, as this News Release shows:
"The Honourable Diane FinleyDiane FinleyDiane Finley, PC, MP is a Canadian politician. She serves as Minister of Human Resources and Skills Development in the cabinet of Prime Minister Stephen Harper. Of the 12 MPs in the Priorities and Planning Committee of cabinet , known as the inner cabinet, she is the only woman...
, Minister of Citizenship and Immigration, today [June 4, 2007] announced the appointment of Brian P. Goodman as Chairperson of the Immigration and Refugee Board of CanadaImmigration and Refugee Board of CanadaThe Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
(IRB) for a period of four years."
On Nov 15, 2007, in the Jeremy Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
case, a coram of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
made of Justices Michel Bastarache
Michel Bastarache
J. E. Michel Bastarache is a Canadian lawyer, businessman, and retired puisne justice on the Supreme Court of Canada....
, Rosalie Abella
Rosalie Abella
Rosalie Silberman Abella, is a Canadian jurist. She was appointed in 2004 to the Supreme Court of Canada, becoming the first Jewish woman to sit on the Canadian Supreme Court bench.- Early life :...
, and Louise Charron
Louise Charron
Louise Charron is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge...
refused an application to have the Court hear the case on appeal, without giving reasons.
On November 24, 2007, the Ottawa Citizen
Ottawa Citizen
The Ottawa Citizen is an English-language daily newspaper owned by Postmedia Network in Ottawa, Canada. According to the Canadian Newspaper Association, the paper had a 2008 weekly circulation of 900,197.- History :...
reported the following:
"[In the case of Jeremy HinzmanJeremy HinzmanJeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
]...Brian Goodman ... noted that "evidence with respect to the legality of the U.S. embarking on military action in IraqLegality of the Iraq WarThe legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
," would not be "admitted" ... "They are ducking the question of whether a soldier can be forced to fight an illegal war and whether a soldier can be jailed for refusing to fight an illegal war," Mr. Hinzman's and Mr. Hughey's lawyer, Jeffry HouseJeffry HouseJeffry A. House is a lawyer in Toronto, Ontario, Canada. He is best-known for his efforts on behalf and representation of fugitive American soldiers and Native Canadian protesters.-American soldiers:...
, said in an interview."
“... in written arguments to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, Mr. House
Jeffry House
Jeffry A. House is a lawyer in Toronto, Ontario, Canada. He is best-known for his efforts on behalf and representation of fugitive American soldiers and Native Canadian protesters.-American soldiers:...
pointed out that although our courts have so far refused to grant refugee status to Americans soldiers who are deserting military duty out of moral objection to the war in Iraq, in 1995 the Federal Court of Appeal
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
granted refugee status to a deserter from Saddam Hussein's armed incursion into Kuwait
Invasion of Kuwait
The Invasion of Kuwait, also known as the Iraq-Kuwait War, was a major conflict between the Republic of Iraq and the State of Kuwait, which resulted in the seven-month long Iraqi occupation of Kuwait, which subsequently led to direct military intervention by United States-led forces in the Gulf...
, on the basis that he should not be compelled to take part in an illegal war.
"The courts are taking one stance for Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
's soldiers and another one entirely for American soldiers," Mr. House
Jeffry House
Jeffry A. House is a lawyer in Toronto, Ontario, Canada. He is best-known for his efforts on behalf and representation of fugitive American soldiers and Native Canadian protesters.-American soldiers:...
said.”
See also
- Goodman's ruling on Jeremy Hinzman in the context of Canada and Iraq War Resisters
- Immigration and Refugee Board of CanadaImmigration and Refugee Board of CanadaThe Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
- Immigration and Refugee Protection ActImmigration and Refugee Protection ActImmigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
- Goodman's ruling on Jeremy Hinzman