Canada and Iraq War resisters - AbsoluteAstronomy.com

During the Iraq War, which began with the 2003 invasion of Iraq

2003 invasion of Iraq

The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...

, there were United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

military personnel who refused to participate, or continue to participate, in that specific war. Their refusal meant that they faced the possibility of punishment in the United States according to Article 85 of the US Uniform Code of Military Justice. For that reason some of them chose to go to Canada

Canada

Canada 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...

as a place of refuge. The choice of these US Iraq war resisters to go to Canada has led to considerable debate in Canada's society, press, legal arenas, and political arenas. Much of the debate on this issue has been due to the controversial nature of the Iraq War itself. Among the many elements of that debate are Canada's relationship to the Iraq war

Canada and the Iraq War

The Iraq War began with the 2003 invasion of Iraq. The government of Canada did not at any time formally declare war against Iraq. Nevertheless, the government of Canada, and Canadian citizens had complex relationships to that war...

, and Canada's relationship to the US, its largest trading partner.

The debate has occurred in both the US and Canada. Debate in the US occurred in 2004 when on the Fox News network, the cultural critic

Cultural critic

A cultural critic is a critic of a given culture, usually as a whole and typically on a radical basis. There is significant overlap with social and cultural theory.-Terminology:...

and political commentator Bill O'Reilly

Bill O'Reilly (political commentator)

William James "Bill" O'Reilly, Jr. is an American television host, author, syndicated columnist and political commentator. He is the host of the political commentary program The O'Reilly Factor on the Fox News Channel, which is the most watched cable news television program on American television...

was so confounded by the fact that the Canadian government, a close ally that was intimately familiar with the UCMJ's policies and procedure for dealing with 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...

, yet never found it draconian, or thought to criticize it until the high profile PVT Hinzman and PVT Hughey appear, like some 21st Century political folk heros. O'Reilly perceived the affair as a patronizing insult, leading him to respond by calling for a boycott of Canadian goods if the pair [were] not extradited quickly." Debate in Canada

Canada

occurred on June 3, 2008 and March 30, 2009, when two motions were passed in the Parliament of Canada

Parliament of Canada

The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...

in support of the war resisters' efforts to stay in Canada. An Angus Reid Strategies

Angus Reid Strategies

Angus Reid Public Opinion is an international public affairs practice. It was established in 2006 under the name Angus Reid Strategies by Dr Angus Reid, a Canadian sociologist who founded his first research company in 1979. Reid sold the Angus Reid Group to Paris-based Ipsos SA in 2000...

poll taken on June 6 and 7, 2008, showed that 64% of Canadians agreed with that motion. (The motions' recommendation was non-binding and, after years, was never implemented by the minority

Minority governments in Canada

During the history of Canadian politics, eleven minority governments have been elected at the federal level. There have also been two minority governments resulting from governments being replaced between elections, for a total of thirteen federal minority governments in twelve separate minority...

Conservative

Conservative Party of Canada

The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...

government.) In Sept. 2009, a private member's bill was introduced in Canada's Parliament in an attempt to give effect to those motions, but, in Sept. 2010, it failed to pass second reading.

Debate also occurred internationally. The significance of this issue on Canada's historical international reputation as a place of refuge for "Americans in trouble" is illustrated by this quote from United Kingdom

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

's media, 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...

, when they reported on the precedent-setting case of Iraq war resister Jeremy Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

in 2004: "Americans in trouble have been running to Canada for centuries... in the wake of the American Revolution

American Revolution

The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...

... [in the] Underground Railroad

Underground Railroad

The Underground Railroad was an informal network of secret routes and safe houses used by 19th-century black slaves in the United States to escape to free states and Canada with the aid of abolitionists and allies who were sympathetic to their cause. The term is also applied to the abolitionists,...

that spirited escaped American slaves to freedom... and in the 1960s, [when] as many as 60,000 young American men dodged the draft..." After Canada deported several of these war resisters in 2008 and 2009, and after they were imprisoned in the US, the US media Newsweek

Newsweek

Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...

, among others, reported on this historical shift.

As of July 2009, there were at least 29 public cases of U.S. war resisters in Canada, or who had been in Canada, plus some families. They live in Canada legally as refugee claimants

Canadian immigration and refugee law

Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal...

awaiting legal decisions on their claims. When they first arrived in Canada, they mostly went to 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...

, 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....

; or Vancouver

Vancouver

Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...

, British Columbia

British Columbia

British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

because that is where the majority of the organizing of the War Resisters Support Campaign

War Resisters Support Campaign

The War Resisters Support Campaign is a Canadian non-profit community organization, founded in April 2004 in Toronto, Ontario to mobilize support among Canadians and worldwide to convince the Canadian government to offer sanctuary to all U.S...

takes place. An unknown number of US soldiers who have refused to participate in specifically the Iraq war, have come to Canada without going public, and have not applied for legal refugee status.

Background circumstances

Some of the Iraq war resisters enlisted in the United States military before the Iraq War, and some enlisted after it began. Before their refusal to participate in that war, some had already initially participated, and some had not. Each had their own reasons for initially deciding to enlist and/or participate in that war. Nevertheless, it's not irrational to assume that the public relations preparations for 2003 invasion of Iraq

Public relations preparations for 2003 invasion of Iraq

The Rendon Group, a Washington, DC based public relations firm with close ties to the US government, and which has had a prominent role in promoting the Iraqi National Congress, was alleged by some journalists to be planning to support the 2003 invasion of Iraq by a careful public relations...

, and media coverage of the Iraq War played a part in many of those initial decisions. Later, when these soldiers encountered differing views on the 2003 invasion of Iraq

Views on the 2003 invasion of Iraq

The events surrounding the 2003 invasion of Iraq have led to numerous expressions of opinion with respect to the war. This page contains links to several topics relating to views on the invasion, and the subsequent occupation of Iraq.American views...

and issues of 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...

, they questioned the legitimacy of the 2003 invasion of Iraq

Legitimacy of the 2003 invasion of Iraq

A dispute exists over the "legitimacy" of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion A dispute...

. Some of them then became disillusioned with all war, whereas others became "selective conscientious objectors".

Then, at various points in their lives, they became aware of the likelihood of punishment for a refusal to participate in the Iraq War. The September 6, 2003 conviction, and concomitant imprisonment, of Iraq war resister Stephen Funk

Stephen Funk

Stephen Funk is a former United States Marine Corps Landing Support Specialist and lance corporal reservist. He is also the first person to refuse to deploy in Iraq.-Background:...

, and other subsequent imprisonments, provided evidence that punishment was a very real possibility.

Eventually, many Iraq War resisters became aware of the history of draft dodgers being allowed into Canada without prosecution during the Vietnam War

Vietnam War

The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

(1959–1975). In that era, most of those draft dodgers had simply applied for landed immigrant status once in Canada, which opposed its southern neighbour's military adventures in Vietnam. But immigration rules have been tightened since the Vietnam era, making would-be migrants apply from their home countries. This has pushed war resisters into Canada's refugee system

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....

.

Unlike draft dodgers

Conscription

Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...

who immigrated to Canada as an alternative to mandatory conscription, the Iraq war resisters came to Canada after having voluntarily enlisted. It should be noted that some of the Iraq war resisters faced the involuntary extension of their active duty service under a Stop-loss policy

Stop-loss policy

Stop-loss is a term primarily used in the United States military. In the U.S. military, it is the involuntary extension of a service member's active duty service under the enlistment contract in order to retain them beyond their initial end of term of service date and up to their contractually...

. In any case, there has been some debate about whether or not the voluntary/involuntary enlistment factor even makes a difference in a decision to deport them to face likely punishment in the US. The more important factor, according to the two Parliamentary motions which were passed, was whether or not the individuals "have refused or left military service related to a war not sanctioned by the United Nations

United Nations

The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

..." Those priorities of Parliament have basis in international law

International 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...

: For example, Paragraph 171 of The Handbook on Procedures and Criteria for Determining Refugee Status (the Handbook) of the Office of the United Nations High Commissioner for Refugees

United Nations High Commissioner for Refugees

The Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...

mentions both draft evasion and desertion in this quote (See full paragraph below):

“Where... the type of military action... is condemned by the international community
International community
The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...

... [then] 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...

or draft-evasion could, ... be regarded as persecution.”

Terminology and semantics

The soldiers who have chosen to come to Canada have been referred to using various terms: "deserter", "conscientious objector

Conscientious objector

A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....

", "war resister

War resister

A war resister is a person who resists war. The term can mean several things: resisting participation in all war, or a specific war, either before or after enlisting in, being inducted into, or being conscripted into a military force....

", or "refugee

Refugee

A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...

". The decision to choose one of these terms above another is often an indication of one's position on the issue. This has led to discussions concerning general semantics

Semantics

Semantics is the study of meaning. It focuses on the relation between signifiers, such as words, phrases, signs and symbols, and what they stand for, their denotata....

, and discussions concerning specific terminology

Terminology

Terminology is the study of terms and their use. Terms are words and compound words that in specific contexts are given specific meanings, meanings that may deviate from the meaning the same words have in other contexts and in everyday language. The discipline Terminology studies among other...

.

In discussions of specific terminology, it is helpful to point out the distinction between Legal English

Legal English

Legal English is the style of English used by lawyers and other legal professionals in the course of their work. It has particular relevance when applied to legal writing and the drafting of written material, including:...

and Standard English

Standard English

Standard English refers to whatever form of the English language is accepted as a national norm in an Anglophone country...

Legal English

Before coming to Canada, some of these soldiers went through an extensive application process to attempt to gain legal status as "conscientious objector" within their own country, the US. For example, in the case of Jeremy Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

, Amnesty International

Amnesty International

Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

notes that "he took reasonable steps to register his conscientious objection through seeking non-combatant status in [August] 2002, an application which was rejected [April 2003]." This means that he tried for eight months, unsuccessfully, to be officially and legally referred to as a "conscientious objector" instead of legally referred to as a "deserter".

In any case, legally speaking, he is not a deserter until he has been convicted of 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...

. This is true because in the U.S., an accused is innocent until proven guilty

Presumption of innocence

The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...

. This also applies to all of those who left the military.

Jeremy Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

then came to Canada to apply for legal "refugee status" under Canadian law

Immigration and Refugee Protection Act

. But until Jeremy Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

gains legal status as a refugee, he cannot be legally referred to as a "refugee".

The two countries involved in this situation, the United States and Canada, may have differing legal definitions of the term "deserter". In that case, the country of citizenship of the individual soldier, not the present residence of the soldier, will determine the legal status and the legal term used to refer to that individual. But again, legally speaking, an individual is not a "deserter" until he or she has been convicted of "desertion".

All of this illustrates that the war resisters are in a legal limbo as far as legal terminology is concerned: Legally speaking, they are not yet conscientious objectors, are not yet deserters, and are not yet refugees.

In international law

International law

, specifically the Handbook on Procedures and Criteria for Determining Refugee Status (the Handbook) of the Office of the United Nations High Commissioner for Refugees (UNHCR), there is discussion of "refugee status after desertion" as being legitimate under international law.

The federal law-making body of Canada is the Parliament of Canada

Parliament of Canada

. The term "war resister" is used in the official documents of the Parliament of Canada. That is the rationale for using it as a default in this article. Even though Wikipedia is internationally used, the highest official level of debate about this issue occurred in the Parliament of Canada.

Standard English

The common usage of the verb "desert" means "to leave one's duty or post"http://en.wiktionary.org/wiki/desert#Verb "Leaving one's post" implies that the soldiers who did not want to participate in the Iraq War actually left the battleground in Iraq

Iraq

Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

. In actual fact, of all the thousands of "desertions" from that war between 2003 and 2006, there was only one reported case of a desertion within Iraq itself.

The press has not been consistent in the terms they use to refer to the Iraq war resisters in Canada: Sometimes the press uses the term "deserter," and sometimes "war resister." Because of this inconsistency, the press cannot be used as an arbiter.

The Canada/U.S. Extradition Treaty

Pursuant to the Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters, US authorities can request Canadian authorities to identify, locate, and take into custody US nationals who have committed a crime that carries a possible sentence of more than a year, and subsequently extradite the target back to the US, as per the Extradition Treaty Between the United States of America and Canada.
However, the US government must promise that those extradited will not receive the death penalty, in accordance with 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...

ruling in United States v. Burns

United States v. Burns

United States v. Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada in which it was found that extradition of individuals to places where they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms...

. Thus, deserters who may have had an arrest warrant issued against them in the US are liable for arrest in Canada, unless they legalise their status.

Canadian law

Under Canadian law, status can be legalized by pursuing a refugee claim

Canadian immigration and refugee law

, which 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...

(IRB) will consider. If the claim is refused, the claimant can appeal the decision in the Federal Court

Federal Court (Canada)

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...

, the Federal Court of Appeal, and finally, the Supreme Court of Canada, if leave is granted. If, however, appeals do not overturn the decision of the IRB, and if there is a removal order, the claimant must leave Canada within 30 days. If this is not done, or departure details are not confirmed with the Canada Border Services Agency

Canada Border Services Agency

The Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....

, a deportation order is issued, enforceable by any officer of the Queen's peace

Queen's peace

The Queen's peace is the term used in the Commonwealth realms to describe the protection the monarch, in right of each state, provides to his or her subjects...

in Canada.

On the other hand, if the refugee claim is granted, the individual or family is permitted to remain in Canada, eventually moving on to Permanent Resident status and, if the person wishes, to Canadian citizenship.

Human rights law

In 1948, the issue of the right to “conscience” was dealt with by the United Nations General Assembly

United Nations General Assembly

For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

in Article 18 of the Universal Declaration of Human Rights

Universal Declaration of Human Rights

The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

. It reads: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

Since that 1948 Declaration, the more specific issue of conscientious objection has developed within United Nations international law.

On July 30, 1993, explicit clarification of the International Covenant on Civil and Political Rights

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...

Article 18 was made in the United Nations

United Nations

Human Rights Committee

The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...

general comment 22, Para. 11: “The Covenant does not explicitly refer to a right to conscientious objection, but the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one's religion or belief.”

The international definition of conscientious objection officially broadened on March 8, 1995 when the UN Commission on Human Rights resolution 1995/83 stated that "persons performing military service should not be excluded from the right to have conscientious objections to military service." That definition was re-affirmed in 1998, when the United Nations

United Nations

Office of the High Commissioner for Human Rights document called “Conscientious objection to military service, United Nations Commission on Human Rights

United Nations Commission on Human Rights

The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...

resolution 1998/77” officially recognized that “persons [already] performing military service may develop conscientious objections.”

In 1998, the Human Rights Commission reiterates previous statements and added “states should... refrain from subjecting conscientious objectors... to repeated punishment for failure to perform military service.” It also encouraged states “to consider granting asylum to those conscientious objectors compelled to leave their country of origin because they fear persecution owing to their refusal to perform military service....”

Nuremberg Principle IV

The Nuremberg Principles

Nuremberg Principles

The Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...

were a set of guidelines for determining what constitutes a war crime

War crime

War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

. The document was created by the International Law Commission of the United Nations to recognize the legal principles underlying the Nuremberg Trials

Nuremberg Trials

The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....

of Nazi

Nazism

Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...

party members following World War II

World War II

World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

.

Nuremberg Principle IV states: "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

Handbook on Procedures and Criteria for Determining Refugee Status

The Handbook on Procedures and Criteria for Determining Refugee Status (the Handbook) of the Office of the United Nations High Commissioner for Refugees

United Nations High Commissioner for Refugees

(UNHCR) states:

“171. Not every conviction, genuine though it may be, will constitute a sufficient reason for claiming refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...

status after 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...

or draft-evasion. It is not enough for a person to be in disagreement with his government regarding the political justification for a particular military action. Where, however, the type of military action, with which an individual does not wish to be associated, is condemned by the international community
International community
The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...

as contrary to basic rules of human conduct, punishment for desertion or draft-evasion could, in the light of all other requirements of the definition, in itself be regarded as persecution.”

The legal case for allowing certain qualified war resisters to stay in Canada on Humanitarian and Compassionate Grounds

See also the case for allowing certain qualified war resisters to stay in Canada on Humanitarian and Compassionate Grounds.

Political involvement during the first legal case progress towards Supreme Court

The case of Iraq war resisters clearly became more than a legal issue when Canadian government lawyers entered the situation and presented arguments to the Immigration and Refugee Board adjudicator just prior to the precedent-setting hearing of Iraq war resister Jeremy Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

in November, 2004. "Government lawyers argued at Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

's immigration hearing that the entire question of the war's legality

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...

was "irrelevant".... The federal immigration officer adjudicating the case [(Brian P. Goodman

Brian P. Goodman

Brian P. Goodman began a four year period as Chairperson of the Immigration and Refugee Board of Canada 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...

)] agreed. He ruled [November 12, 2004] that Hinzman may not use the legal basis 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...

to justify his ... claim."
The claim for refugee status was ultimately rejected (March 16, 2005).

Reporting on this decision, the BBC

BBC

stated that the ruling "did not come as a surprise... [Canadian] officials are aware that accusing Washington

Washington, D.C.

Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

of persecuting its own citizens would cause an international diplomatic incident". The government at the time was the Liberal Party of Canada

Liberal Party of Canada

The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...

led by Prime Minister

Prime Minister of Canada

The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...

Paul Martin

Paul Edgar Philippe Martin, PC , also known as Paul Martin, Jr. is a Canadian politician who was the 21st Prime Minister of Canada, as well as leader of the Liberal Party of Canada....

; and the lawyer representing that government's Minister of Citizenship and Immigration

Minister of Citizenship and Immigration (Canada)

The Minister of Citizenship and Immigration is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing the federal government department responsible for immigration, refugee and citizenship issues, Citizenship and Immigration Canada...

, Judy Sgro

Judy Sgro

Judy Sgro, PC, MP is a Canadian politician. A member of the Liberal Party of Canada, she currently represents the electoral district of York West in the Canadian House of Commons.-Councillor:...

, was Janet Chisholm.

During that government's Parliamentary session

38th Canadian Parliament

The 38th Canadian Parliament was in session from October 4, 2004 until November 29, 2005. The membership was set by the 2004 federal election on June 28, 2004, and it changed only somewhat due to resignations and by-elections, but due to the seat distribution, those few changes significantly...

, which ended November 29, 2005, the issue would also officially become part of Parliament business: On June 21, 2005, New Democratic Party

New Democratic Party

The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...

Member of Parliament

Parliament of Canada

Bill Siksay

William Livingstone Siksay, former MP is a Canadian politician, and was the Member of Parliament who represented the British Columbia riding of Burnaby—Douglas for the New Democratic Party from 2004 to 2011.Receiving his high school diploma from McLaughlin Collegiate and Vocational Institute in...

presented to Parliament a petition of 15,000 signatures urging the Liberal

Liberal Party of Canada

government to allow Iraq war resisters to remain in Canada. This petition had been organized by the community-based War Resisters Support Campaign

War Resisters Support Campaign

First legal case: Jeremy Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

, "the first American Iraq war resister to seek refugee status in Canada", filed a refugee claim upon his arrival in Canada, in January, 2004.

Hearing at the Immigration and Refugee Board of Canada

Hinzman's first hearing was held from December 6 to December 8, 2004 at the Immigration and Refugee Board of Canada

Immigration and Refugee Board of Canada

presided over by Brian P. Goodman

Brian P. Goodman

.

Hinzman's lawyer Jeffry 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 a precedent set by federal court

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...

Judge Arthur Stone in 1995 who approved refugee status for a deserter from Iraq's 1990 invasion of 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...

. 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."

But before the hearing started, however, Goodman had already ruled that the evidence with respect to the legality of the US embarking on military action in Iraq

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's hearing. He did so after hearing government lawyers argue "that the entire question of the war's legality was "irrelevant." The claim for refugee status was ultimately rejected.

Federal Court appeal

Justice Anne L. Mactavish

Anne Mactavish

Anne L. Mactavish, a Canadian Federal Court trial judge, was born in Montreal, Quebec. Her education was at Bishop's University, University of New Brunswick and University of Ottawa. She was called to the Bar of Ontario in 1982. She became an Associate and Partner at Perley-Robertson, Panet,...

presided over the Federal Court

Federal Court (Canada)

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...

case of Hinzman v. Canada, and released her ruling on March 31, 2006 upholding the decision of the Immigration and Refugee Board.

In her decision, Mactavish addressed the issue of personal responsibility as follows: "An individual must be involved at the policy-making level to be culpable for a crime against peace... the ordinary foot soldier is not expected to make his or her own personal assessment as to the legality of a conflict. Similarly, such an individual cannot be held criminally responsible for fighting in support of an illegal war, assuming that his or her personal war-time conduct is otherwise proper."

Alex Neve

Alex Neve

Robert Alexander Neve, OC is a Canadian human rights activist and the Secretary General of Amnesty International Canada.Born in Calgary, Alberta, the son of Robert Rex Neve and Jean Elizabeth Taylor, Neve received a Bachelor of Commerce degree in 1984 and a Bachelor of Laws degree in 1987 from...

, who taught international human rights and refugee law

Refugee law

Refugee law is the branch of international law which deals with the rights and protection of refugees. It is related to, but distinct from, international human rights law and international humanitarian law, which deal respectively with human rights in general, and the conduct of war in...

at Osgoode Hall Law School

Osgoode Hall Law School

Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law...

, expressed concern that Mactavish's decision sets a precedent whereby "those at senior levels who have an objection to war may [seek refugee status], and those who deploy who have an objection may not. This runs contrary to other international law rulings." One of those rulings is Nuremberg Principle IV, which reads, "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

"The main arguments advanced by Hinzman's lawyer, Jeffry House

Jeffry House

, [were] that the war in Iraq is against international law

International law

and that Hinzman ... would have been forced to participate in unlawful acts had he gone."

Supreme Court of Canada

On Nov 15, 2007, a Coram of the Supreme Court of Canada

Supreme Court of Canada

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.
In an editorial for 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 :...

, Lawrence Hill

Lawrence Hill

Lawrence Hill is an award-winning Canadian novelist and memoirist. He is best known for the 2001 memoir Black Berry, Sweet Juice: On Being Black and White in Canada and the 2007 novel The Book of Negroes....

accused the courts of a double standard

Double standard

A double standard is the unjust application of different sets of principles for similar situations. The concept implies that a single set of principles encompassing all situations is the desirable ideal. The term has been used in print since at least 1895...

concerning the 1995 decision where 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 Iraq.

Political aftermath after Hinzman reaches Supreme Court

"In the wake of the Supreme Court's decision, NDP

New Democratic Party

immigration critic Olivia Chow

Olivia Chow

Olivia Chow is a Canadian New Democratic Party Member of Parliament and former city councillor in Toronto. She won the Trinity—Spadina riding for the New Democratic Party on January 23, 2006, becoming a member of the Canadian House of Commons. Most recently, she was re-elected in her riding for...

asked the federal standing committee on citizenship and immigration to vote in favour of allowing conscientious objectors who have refused or left American military service in Iraq to be allowed to stay in Canada."

On December 6, 2007, after some amendments to Chow's original motion, the parliamentary Standing Committee on Citizenship and Immigration adopted a motion stating: That the committee recommend....

House of Commons support war resisters motion

On May 21, 2008, US Iraq war resister Corey Glass, who had applied for refugee status 22 months earlier, was ordered deported and told that he must leave the country voluntarily by June 12, 2008. "The rejection... was based on a failed pre-removal risk assessment by Citizenship and Immigration Canada

Citizenship and Immigration Canada

Citizenship and Immigration Canada is the department of the government of Canada with responsibility for issues dealing with immigration and citizenship...

, which found that, if removed from the country, Glass would not be at immediate risk of death, torture, or cruel or unusual treatment or punishment.... "This first rejection could be a chilling sign of things to come for at least nine other war resisters who have requested a pre-removal risk assessment, Zaslofsky said, and could shut the door to other war resisters' attempts to find a home in Canada."

On June 3, 2008, the House of Commons passed the motion (137 to 110) which recommended that the government immediately implement a program which would “allow conscientious objectors…to a war not sanctioned by the United Nations

United Nations

…to…remain in Canada…” All parties and all independent Members of Parliament supported the motion, except for Conservative

Conservative Party of Canada

MPs.
The motion gained international attention from the New York Times http://www.nytimes.com/2008/07/16/world/americas/16deport.html?_r=2&ref=americas&oref=slogin&oref=slogin, Britain's BBC

BBC

http://news.bbc.co.uk/2/hi/americas/7444116.stm and the New Zealand press.http://tvnz.co.nz/view/page/536641/2006457
.

However, the next day, 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...

reported that "the motion is non-binding and the victory was bittersweet as the government is likely to ignore it. The motion – which passed 137-110 – comes about a week before 25-year-old Corey Glass is supposed to leave Canada voluntarily after the former national guardsman was rejected as a refugee and ordered out of the country."

Angus Reid poll of June 6 and 7, 2008

Angus Reid Strategies

carried out a poll from June 6 to 7, 2008, which revealed that "64% [of Canadians polled] say they would agree to give these U.S. soldiers the opportunity to remain in Canada as permanent residents.....Quebec

Quebec

Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

(70%) houses the highest proportion of respondents who agree with the motion, while Alberta

Alberta

Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...

(52%) has the fewest supporters." ("sample of 1,001 adult Canadians. The margin of error for the total sample is +/- 3.1 %, 19 times out of 20") The poll was published on June 27, 2008.

Federal court orders a new IRB hearing for Joshua Key

On July 4, 2008, Joshua Key won a Federal Court

Federal Court (Canada)

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...

appeal thus forcing the Immigration and Refugee Board of Canada

Immigration and Refugee Board of Canada

(IRB) to re-examine his claim for refugee status in Canada. http://www.resisters.ca/WRSCRelease_july408_jkey.pdf This was "an unprecedented court ruling that could affect scores of other U.S. soldiers who have refused to fight in Iraq."

Canada's first deportation of an Iraq War resister

On July 9, 2008 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...

reported that Corey Glass "is [now] permitted to remain in Canada until the Federal Court makes a decision on ... cases for judicial review."http://www.thestar.com/News/GTA/article/457299

On July 15, 2008, after the Parliamentary recommendation had been in front of the minority

Minority governments in Canada

Conservative

Conservative Party of Canada

government for a month and a half, Canada

Canada

deported Iraq war resister Robin Long

Robin Long

Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status...

. This made him the first U.S. soldier to be deported from Canada to the United States.

In July 2008, the Toronto Star quoted Bob Ages, chair of the Vancouver-based War Resisters Support Campaign

War Resisters Support Campaign

who said that since the time of slavery

Underground Railroad

, Canada has been known as a place of asylum

Right of asylum

Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...

, and Long's removal marks the first time an army deserter has been deported from Canada to the USA The Globe and Mail also reported this quote from Ages: "Mr. Long's deportation would be a... precedent for Canada, especially given our history of providing sanctuary for war resisters, over 100,000 draft dodgers and deserters during the Vietnam era."
One day later, Daniel Sandate

Daniel Sandate

Daniel Sandate was the second known U.S. soldier to be deported from Canada to the United States when he was deported July 16, 2008 from Niagara Falls, Canada....

, another U.S. soldier, was also deported. Sandate had not applied for legal refugee status as had Long (see details).

Liberal Party foreign affairs critic publicly supports Jeremy Hinzman

On August 13, 2008, the Canada Border Services Agency

Canada Border Services Agency

The Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....

ordered Jeremy Hinzman, along with his wife, son, and baby daughter, to leave the country by September 23, 2008.http://www.thestar.com/News/GTA/article/477611 In response to that order, "at a press conference … [Sept 18, 2008], Bob Rae

Bob Rae

Robert Keith "Bob" Rae, PC, OC, OOnt, QC, MP is a Canadian politician. He is the Member of Parliament for Toronto Centre and interim leader of the Liberal Party of Canada....

, the
Liberal

Liberal Party of Canada

Foreign Affairs Critic

Official Opposition (Canada)

In Canada, Her Majesty's Loyal Opposition , commonly known as the Official Opposition, is usually the largest parliamentary opposition party in the House of Commons or a provincial legislative assembly that is not in government, either on its own or as part of a governing coalition...

joined U.S. Iraq War resister Jeremy Hinzman to
make an urgent appeal to the Conservative

Conservative Party of Canada

government to stop the imminent
deportation of Hinzman and his family...." "He [also] urged the government to support a motion passed earlier this year by all parties, except the Conservatives

Conservative Party of Canada

, to let [all eligible] conscientious objectors take up permanent residence."

On September 22, 2008 Hinzman “and his family were granted a last-minute stay of deportation Monday by a Federal Court judge while the court decides whether to hear their appeal…."

Government statements on Iraq War resister Jeremy Hinzman, and the Iraq War

The day before Hinzman was to have been deported, "Immigration Minister

Minister of Citizenship and Immigration (Canada)

, Diane Finley

Diane Finley

Diane 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...

said ... the government would not intervene if the courts deny his... request [to remain in Canada].” By the time she made this statement, it was public knowledge that the first deportee, Robin Long

Robin Long

, had already been sentenced to fifteen months of imprisonment. He was sentenced Aug 22, 2008, a month before Diane Finley’s statement.

Eleven days after Diane Finley

Diane Finley

's comments there was a nationally televised election debate in which the Conservative

Conservative Party of Canada

party leader Prime Minister Stephen Harper

Stephen Harper

Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...

was pressed by Gilles Duceppe

Gilles Duceppe

Gilles Duceppe is a Canadian politician, and proponent of the Québec sovereignty movement. He was a Member of Parliament in the Canadian House of Commons for over 20 years and was the leader of the sovereigntist Bloc Québécois for almost 15 years. He is the son of a well-known Quebec actor, Jean...

into answering a question about his position on the Iraq war: Harper said he erred in calling for Canada's participation in the 2003 U.S.-led invasion of Iraq

2003 invasion of Iraq

. At the time, he was Opposition

Official Opposition (Canada)

leader. "It was absolutely an error, it's obviously clear," said Harper, adding that the claim of weapons of mass destruction proved false."

Events during 40th Canadian Parliament

After the 40th Canadian Parliament

40th Canadian Parliament

The 40th Canadian Parliament was in session from November 18, 2008 to March 26, 2011, and was the last Parliament of the longest-running minority government in Canadian history that began with the previous Parliament. The membership of its House of Commons was determined by the results of the 2008...

began, the whole process of presenting the war resisters motion had to begin again in order for it to apply to the new Parliament. After coming close to forming a coalition government

Coalition government

A coalition government is a cabinet of a parliamentary government in which several political parties cooperate. The usual reason given for this arrangement is that no party on its own can achieve a majority in the parliament...

, Members of the opposition parties confirmed on January 21, 2009, that, if they were in power together in a coalition government, then the June 3, 2008 Parliamentary recommendation concerning war resisters would be implemented.

Immigration minister publicly comments on situation

On January 2, 2009, the Canadian Minister of Citizenship and Immigration

Minister of Citizenship and Immigration (Canada)

, Jason Kenney

Jason Kenney

Jason T. Kenney, PC, MP is Canada's current Minister of Citizenship, Immigration and Multiculturalism. He has represented the riding of Calgary Southeast in the Canadian House of Commons since 1997....

, responding to a previous article in the Toronto Sun
Toronto Sun
The Toronto Sun is an English-language daily tabloid newspaper published in Toronto, Ontario, Canada. It is known for its daily Sunshine Girl feature and for what it sees as a populist conservative editorial stance.-History:...

, wrote a public "Letter to the Editor," which included this statement: "Although the IRB

Immigration and Refugee Board of Canada

will consider each asylum claim on a case-by-case basis, it's our position that, as a general rule, military deserters from the United States are not genuine refugees under the internationally-accepted meaning of the term."

On January 9, 2009, the CBC

Canadian Broadcasting Corporation

The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...

, following the story, published this statement:

"In an open letter to [Minister of Immigration] Jason Kenney
Jason Kenney
Jason T. Kenney, PC, MP is Canada's current Minister of Citizenship, Immigration and Multiculturalism. He has represented the riding of Calgary Southeast in the Canadian House of Commons since 1997....

, Elizabeth McWeeny, president of the Canadians Council for Refugees, wrote that it was "highly inappropriate" for Kenney to express his opinions on how he believes board members should make refugee determinations.

"To do so gives the strong appearance of political interference," she wrote. "Public comments such as yours only make IRB members’ job more difficult and threaten claimants’ right to an unbiased decision."

In an email to CBCNews.ca on Friday [January 9, 2009], Alykhan Velshi, a spokesman for Kenney, repeated that the government doesn't believe these refugee claims are legitimate.

"Although the Immigration and Refugee Board
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...

is an independent agency that will consider each asylum claim on a case-by-case basis, it's our position as a government that, as a general rule, military deserters from the United States are not genuine refugees under the internationally accepted meaning of the term," Velshi said."

It is noteworthy that spokesperson Alykhan Velshi included the words: "as a government".

Several months later, at an Oct 19, 2009 press conference, US Iraq war resister Rodney Watson was asked the following question: “Jason Kenney, the Immigration Minister has said the government doesn’t believe the military deserters from the US are genuine refugees.…What do you say to that?” Watson replied, “Where’s the weapons of mass destruction? Is Iraq a real threat to the US?...”

Deportations and imprisonments continue

On January 23, 2009, Chris Teske was the first war resister to be forced out of Canada who had applied for legal refugee status and did not "fail to comply with bail conditions" as an earlier deportee Robin Long

Robin Long

had.

On February 4, 2009, Clifford Cornell was also forced out of Canada. He "was arrested on Wednesday after crossing the border from Canada into Washington State." On February 23, 2009, Cornell was charged with the crime of 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...

with the intent to "avoid hazardous duty and shirk important service" On April 29, 2009, Clifford was convicted of 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...

and sentenced to one year in prison."

Cornell was the first deported Iraq war resister to be charged, convicted and sentenced by the United States Military while Barack Obama

Barack Obama

Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

was its Commander in Chief. His sentence was later reduced to 11 months by the Fort Stewart

Fort Stewart

Fort Stewart is a census-designated place and U.S. Army post primarily in Liberty County and Bryan County, but also extending into smaller portions of Evans, Long, and Tattnall Counties in Georgia, USA. The population was 11,205 at the 2000 census...

post commander.

House of Commons support War resisters motion again

On Feb 12, 2009, the Standing Committee on Citizenship and Immigration again passed a non-binding motion which recommended that the government let Iraq War resisters stay in Canada. (With a new Parliament, another motion had to be introduced). A month and a half later, on March 30, 2009, the House of Commons

Canadian House of Commons

The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...

again voted in a non-binding motion

Motion (parliamentary procedure)

In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...

129 to 125 in favour of the committee's recommendation.

Government's response to the Parliamentary recommendation

As of March 30, 2009, this Parliamentary recommendation was now once again in front of the government. Since that time the minority government

Minority governments in Canada

has not acted on the Parliamentary recommendation. On June 27, 2009, the Vancouver Sun reported that "In more than 300 pages of department briefing notes, e-mails and other documents relating to the issue obtained by Canwest News Service

Canwest News Service

Postmedia News is a national news agency with correspondents in Canada, Europe, and the United States and is part of the Canadian newspaper chain owned by Postmedia Network Inc.-History:...

under Access to Information legislation

Access to Information Act

Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...

... there... is nothing in the documents that suggests the issue has spurred any debate within government ranks."

What was found in those department briefing documents were "notes [that] say refugee hearing officers have been advised to be "particularly vigilant" about refugee claims from such western democracies as the United States.” That emphasis on the criteria of "democracy" had also been apparent in Jason Kenney

Jason Kenney

's comment in early January, 2009, when he said, "We're talking about people who volunteer to serve in the armed forces of a democratic country...." That continued emphasis on "the criteria of democracy" appears to forget the July 4, 2008 Federal Court of Canada

Federal Court (Canada)

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...

ruling on the Joshua Key case, which was covered by the Toronto Star in this quote:

"In turning down several similar asylum claims, the refugee board has consistently held that the United States is a democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...

, which affords deserters due judicial process. However, the court said the board should hear evidence on whether deserters can rely on the American government to treat them fairly."

Joshua Key's new hearing at the IRB

On June 3, 2009, Joshua Key had a new hearing in front of the Immigration and Refugee Board. Ken Atkinson, the immigration board member who then heard Key's case on June 3, 2009, reserved his decision. Lawrence Hill

Lawrence Hill

was present at this hearing, while supporters held a vigil outside. Key was represented by lawyer Alyssa Manning.

Joshua Key was the first war resister to be granted such a re-assessment in Canada's legal system. (It had been granted to him on July 4, 2008 by Federal Court Justice Robert Barnes.)

However, on July 30, 2010, Key was again denied refugee status in this second IRB ruling.

Three immigration critics send letter to Conservative government

On June 27, 2009, "Immigration critics for the opposition

Official Opposition (Canada)

. Liberals Maurizio Bevilacqua

Maurizio Bevilacqua

Maurizio Bevilacqua, PC, is a Canadian politician. He was a Liberal Member of Parliament from 1988 to 2010 and was of eleven candidates for the leadership of the Liberal Party of Canada but dropped out of the race on August 14, 2006...

, NDP Olivia Chow and Bloc Québécois

Bloc Québécois

The Bloc Québécois is a federal political party in Canada devoted to the protection of Quebec's interests in the House of Commons of Canada, and the promotion of Quebec sovereignty. The Bloc was originally a party made of Quebec nationalists who defected from the federal Progressive Conservative...

Thierry St-Cyr

Thierry St-Cyr is an engineer and Bloc Québécois politician in Quebec, Canada. He served as the Member of Parliament for Jeanne-Le Ber from 2006 to 2011.- Education and Career Background :...

sent a joint letter to Kenney... asking him to halt all deportations and to respect the "will" of Parliament

Parliament of Canada

, which has approved two motions calling for permanent resident status for the war resisters."

Bill C-440 introduced in Parliament

On September 17, 2009, Gerard Kennedy

Gerard Kennedy

Gerard Michael Kennedy is a Canadian politician in Ontario, Canada. He served as Ontario's Minister of Education from 2003 to 2006, when he resigned to make an unsuccessful bid for the leadership of the Liberal Party of Canada...

introduced the binding Bill C-440, which, in his words, was “in response to the refusal of the Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney

Jason Kenney

to show Canadian sensibility.... It basically takes the spirit of two motions that have already been passed by a majority of Parliament and puts them in the form of law that would have to be followed by the minister and the ministry of immigration and citizenship.” (See details.)
The bill had its first hour of debate on May 25, 2010, and its second hour on Sept 27, 2010. On Sept 29, 2010, the bill failed to pass at second reading, lacking seven votes (143-136). At least thirteen opposition

Opposition (parliamentary)

Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...

MPs (11 Liberal

Liberal Party of Canada

and 2 Bloc Québécois

Bloc Québécois

), who were present for a vote 30 minutes earlier on a different issue, were not present for the vote on Bill C-440. CTV

CTV television network

CTV Television Network is a Canadian English language television network and is owned by Bell Media. It is Canada's largest privately-owned network, and has consistently placed as Canada's top-rated network in total viewers and in key demographics since 2002, after several years trailing the rival...

News reported that "[ Liberal

Liberal Party of Canada

party] leader Michael Ignatieff

Michael Ignatieff

Michael Grant Ignatieff is a Canadian author, academic and former politician. He was the leader of the Liberal Party of Canada and Leader of the Official Opposition from 2008 until 2011...

walked out during the vote," and was one of those not present.

Political involvement in IRB cases of US war resisters

On July 22, 2010 the Conservative government issued an instructional bulletin, Operational Bulletin 202, to all Immigration and Refugee Board of Canada (IRB) officers. It was entitled "Instruction to Immigration Officers in Canada on processing cases involving military deserters."

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...

reported that "critics say the directive’s timing was suspicious." The Bulletin was issued between the first hour and second hour of debate on Bill C-440 (i.e. one month before the scheduled second reading Parliamentary vote in last week of Sept.). One of the four paragraphs in its "Background" section is devoted specifically to deserters from the US military, stating US military law. No other country is specifically mentioned.

Another paragraph discusses those who "applied for permanent residence in Canada based on humanitarian and compassionate considerations.." The Bulletin was issued 16 days after the Canadian Federal Court of Appeal ordered officials to review Jeremy Hinzman's application to remain in Canada on exactly those legal considerations.

Chiding the Conservative Party for politicizing the immigration department, opposition politicians called on Ottawa to withdraw the “prejudicial” directive. Alyssa Manning, the lawyer representing several war resisters, said, "This directive could cause significant delay in the processing of war resister applications... [including] applications to remain in Canada based on humanitarian grounds"

In October, 2010, Peter Showler, a law professor at the University of Ottawa

University of Ottawa

The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...

and a former chairman of the Immigration and Refugee Board of Canada

Immigration and Refugee Board of Canada

for three years, said the policy "smacks of government interference." Amnesty International

Amnesty International

Canada urged Jason Kenney, minister of citizenship, immigration and multiculturalism, to withdraw Bulletin 202.

The case for allowing certain qualified war resisters to stay in Canada on Humanitarian and Compassionate Grounds

The case of Jeremy Hinzman

Legally different and distinct from a "refugee claim," is an application to stay in Canada on "Humanitarian and Compassionate Grounds" (H&C). War resister Jeremy Hinzman

Jeremy Hinzman

Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

's case was the first to test this distinction:

This particular type of case was tested and brought all the way to the higher court, the Canadian Federal Court of Appeal

Federal Court of Appeal (Canada)

The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of...

: As an eyewitness to that May 25, 2010 higher court hearing, journalist and blogger Laura Kaminker, described it in the following way (Note: A "Pre-Removal Risk Assessment" is related to a refugee claim, but not to an H&C):

"Much of the submissions were analyses of the decisions in Jeremy's Pre-Removal Risk Assessment (PRRA) and his H&C. The standards for each application are very different. To give a positive decision in a PRRA, the PRRA Officer must find that, if deported, the applicant faces persecution. To find a positive decision in an H&C, the officer must find that the applicant faces undue hardship. Big difference."

On July 6, 2010, the Canadian Federal Court of Appeal

Federal Court of Appeal (Canada)

ruled unanimously that a Canadian immigration official failed to consider the "hardships" of Hinzman when she denied him permanent residence in Canada. The court said the official’s rejection of Hinzman’s permanent residence application was “significantly flawed” because the officer did not take into consideration Hinzman’s “strong moral and religious beliefs” against participation in war. That means officials must take another look at Hinzman's application to remain in Canada on humanitarian and compassionate grounds.

Hinzman's lawyer, Alyssa Manning, said, "This officer missed the point and only considered refugee-type questions." Refugee cases typically only consider risk to life or risk of persecution. "An H&C [officer] is supposed to consider humanitarian and compassionate values — the questions inherent with a H&C application," Manning said. "Hinzman’s beliefs, his whole reasons for being in Canada in the first place, weren’t considered by the H&C officer, and that’s what was significantly flawed about [the officer’s] decision."

Michelle Robidoux, a spokesperson with the War Resisters Support Campaign

War Resisters Support Campaign

, said the appellate ruling is important for other war resisters in Canada as well ([...certain qualified resisters]). (See full length court decision)

The case of Dean Walcott

On April 5, 2011, in a similar situation, the Federal Court ruled in favor of Dean Walcott who was seeking a judicial review of his previous application to remain in Canada on humanitarian grounds. He can now reapply to remain in Canada.

Punishments given to Iraq War resisters

War Resister	Country	Date Convicted	Convicted of	Sentence	Actual Prison Time
Stephen Funk Stephen Funk Stephen Funk is a former United States Marine Corps Landing Support Specialist and lance corporal reservist. He is also the first person to refuse to deploy in Iraq.-Background:...	US	Sept. 6, 2003	”Unauthorized Absence”	6 months	6 months
Camilo Mejia Camilo Mejía Camilo Ernesto Mejía is a Nicaraguan American who was a former staff sergeant of the Florida National Guard, best known for being an anti-war activist and deserter...	US	May 21, 2004	”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... ”	12 months	9 months
Abdullah William Webster http://www.refusingtokill.net/USGulfWar2/websterurgentaction.htm ( Amnesty International Amnesty International Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's... “Prisoner of Conscience” http://www.amnesty.org/en/library/info/AMR51/137/2004)	US	June 3, 2004	”failing to obey commands from superior and missing brigade’s movements”	14 months	11 months
Kevin Benderman Kevin Benderman Kevin Benderman was born and raised in Alabama. He held the rank of Sergeant and was a mechanic in the United States Army. Kevin Benderman first enlisted in the Army in 1987 and served until 1991 when he accepted his discharge; however, nine years later in 2000 he chose to reenlist...	US	July 2005	”Missing Movement by Design,” “Desertion with Intent to Avoid Hazardous Duty”	15 months	13 months
Malcolm Kendall-Smith Malcolm Kendall-Smith Malcolm Kendall-Smith is a former medical officer in the British Royal Air Force. He was born in Australia, raised in New Zealand and has dual British-New Zealand citizenship....	UK	April 13, 2006	”Refusal to obey a legal order”	8 months plus fine, etc.	2 months plus other penalties
Agustin Aguayo Agustin Aguayo Agustin Aguayo is a veteran of the Iraq War and was convicted of desertion by a court martial March 6, 2007. He is an Amnesty International declared "Prisoner of Conscience".-Background:... ( Amnesty International Amnesty International Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's... "Prisoner of Conscience"http://www.amnesty.org/en/library/info/AMR51/041/2007/en)	US	March 6, 2007	”Desertion”		7 months
Ryan Jackson http://www.couragetoresist.org/x/content/view/593/	US	May 30, 2008	”Desertion”	100 days
***James Burmeister (He voluntarily returned to the US without being given a deportation order.)	US	July 16, 2008	”Desertion”	9 months	3 months and 10 days http://www.couragetoresist.org/x/content/blogcategory/50/103/
***Robin Long Robin Long Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status... http://www.thestar.com/article/484115 (Applied for legal status, but was given a deportation order)	US	Aug 22, 2008	"Desertion with the intent to stay away permanently"	15 months	12 months
Tony Anderson http://www.couragetoresist.org/x/content/view/624/1/	US	Nov 17, 2008	"Desertion"	14 months
***Daniel Sandate Daniel Sandate Daniel Sandate was the second known U.S. soldier to be deported from Canada to the United States when he was deported July 16, 2008 from Niagara Falls, Canada.... (imprisonment began July 16, 2008; ended January 20, 2009) (Did not apply for legal status; was deported)	US	Nov 17, 2008	"Desertion"	8 months	6 months
***Clifford Cornell http://news.therecord.com/article/528236 (Applied for legal status, but was given a deportation order)	US	April 29, 2009	"Desertion"	one year, later reduced to 11 months	11 months (Released Jan 16, 2010)

"***" - Was in Canada as an Iraq war resister

Resisters remaining in Canada

List from these references: and public information sourced from List of Resister Profiles at "Courage to Resist" website which gives evidence that these military personnel are refusing to participate in specifically the Iraq war.

Justin Colby

Dan Felushko (has dual citizenship)

Patrick Hart

Brandon Hughey (Refugee status declined by IRB
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...

)

Peter Jemley

Ryan Johnson

Christian Kjar

Dale Landry

Kevin Lee

Brad McCall - Originally he had legal status as a refugee applicant, but in the first half of 2009 he went into hiding because of the following circumstances: Seven Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...

(RCMP) officers approached his residence when he was not home. "The landlord encountered the RCMP trying to enter through a sliding glass door." "[McCall] said he thinks the Mounties showed up to arrest him because he got confused and missed a 'reporting date' set by immigration authorities"

Phil McDowell

Tim Richard (able to acquire Canadian citizenship because his father is Canadian)

David Sanders

Kyle Snyder
Kyle Snyder (soldier)
Kyle Snyder is a Private First Class and combat engineer with the 94th Engineers based at Fort Leonard Wood, who deserted his Army unit while on mid-tour leave from Iraq and fled to Canada. His application for refugee status in Canada was denied.-Childhood:Snyder spent most of his teenage years in...

James Stepp

Dean Walcott

Rodney Watson - On Aug 5, 2009 he was ordered out of Canada by Aug 10, 2009, but this was delayed to Aug. 19, 2009 http://www.news1130.com/news/local/more.jsp?content=20090810_112524_10032 It was again delayed to September 11, 2009. In light of this order of deportation, he appealed to the First United Church in Vancouver for Right of asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...

. His request was granted and he entered that church on Sept 18, 2009. (see two videos)

Chuck Wiley

Resisters granted a stay of deportation pending further decisions

Corey Glass—On July 9, 2008 the Toronto Star reported that Corey Glass "is [now] permitted to remain in Canada until the Federal Court makes a decision on ... cases for judicial review."http://www.thestar.com/News/GTA/article/457299

Jeremy Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

- (see July 6, 2010 details)

Matt Lowell (October 27, 2008 and January 6, 2009 )

Kimberly Rivera - On Aug 11, 2009, she was granted a new "Pre Removal Risk Assessment" hearing with a new officer http://www.cbc.ca/canada/toronto/story/2009/08/11/iraq-war-resister-stay081109.html

Resisters granted a new IRB panel to reconsider their application for permanent legal refugee status

("IRB" is Immigration and Refugee Board of Canada

Immigration and Refugee Board of Canada

)

Joshua Key -- On July 4, 2008, Joshua Key won a Federal Court (Canada)
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...

appeal thus forcing the Refugee board to re-examine his claim.http://www.thestar.com/News/Canada/article/454497 http://www.cbc.ca/cp/national/080704/n070470A.html http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Summary.pdf http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Decision.pdf http://www.resisters.ca/WRSCRelease_july408_jkey.pdf Joshua Key will have a new hearing in front of the Immigration and Refugee Board. The Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...

's July 4, 2008 coverage of the story said that there is now a possibility that he "could qualify as a refugee." On June 3, 2009, Joshua Key had a new hearing in front of the Immigration and Refugee Board.

Resisters who had applied for legal refugee status

Robin Long
Robin Long
Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status...

--On July 16, 2008, the Toronto Star reported that Robin Long "was ordered out of [Canada] last week after he failed to comply with bail conditions imposed when he missed an immigration hearing last year. He was deported yesterday."

Chris Teske - January 23, 2009 - Teske was the first war resister to be forced out of Canada who: 1. applied for legal refugee status, 2. did not "fail to comply with bail conditions" (as Robin Long
Robin Long
Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status...

did), and yet was still issued a deportation order.

Clifford Cornell - In January, 2009 Cornell experienced some legal events. On Feb 4, 2009 Cornell "was arrested on Wednesday after crossing the border from Canada into Washington State." On February 23, 2009, Cornell was charged with the crime of 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...

with the intent to "avoid hazardous duty and shirk important service" On April 29, 2009, Clifford was convicted of "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...

" and sentenced to one year in prison." http://news.therecord.com/article/528236

Resisters who had not applied for legal refugee status

Daniel Sandate
Daniel Sandate
Daniel Sandate was the second known U.S. soldier to be deported from Canada to the United States when he was deported July 16, 2008 from Niagara Falls, Canada....

- Deported at Niagara Falls, Canada on July 16, 2008 after having been in Canada for over 2 years. He was later court-martialed at Ft. Carson and sentenced to an 8-month prison sentence. Sandate released a written statement in prison about his opposition to the war in Iraq. He was released on January 20, 2009 at Ft. Sill, OK, and spoke publicly about his experience at a press conference in Oklahoma City on January 22, 2009 and at a peace march in Oklahoma City on March 22, 2009.

Resisters who willingly returned to the US without a deportation order

Darrell Anderson
Darrell Anderson
Darrell Anderson is a former United States Army soldier and anti-Iraq war activist.-Military service and desertion:...

- Returned to US without court-martial

James Burmeister - Returned to US, turned himself in to authorities, was convicted of desertion July 16, 2008, and was sentenced to 9 months in prison. He was released Oct 28, 2008, after three months and 10 days in prison.

External links

Videos

Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...

Television program The Hour host George Stroumboulopoulos
George Stroumboulopoulos
George Mark Paul Stroumboulopoulos is a Canadian television and radio personality, best known as the host of CBC Television's George Stroumboulopoulos Tonight and being a VJ for Canadian music television channel MuchMusic...

interviews Jeremy Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

, Sept 16, 2008. (duration 9:13) http://www.cbc.ca/thehour/videos.html?id=858923262
Democracy Now (US) interview with Jeremy Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

, August, 2008. (Duration: 10:46) http://www.youtube.com/watch?v=ji22-Ayj2gw
Afshin Rattansi interviews Hinzman. Aug 13, 2008. (Duration: 8:45)
Joshua Key being interviewed on June 2, 2009, (the day before his new hearing at the Immigration and Refugee Board). Interview is by Janette Luu
Janette Luu
Janette N. Luu is a Vietnamese-American broadcaster. Until October 2009, she hosted CANOE Live, a local TV program on Sun TV in Toronto, Ontario, Canada as Toronto's first-ever Vietnamese TV news anchor.-Personal life:...

, the host for CANOE Live, a local TV program on Sun TV
CKXT-TV
CKXT-DT was a broadcast television station based in Toronto, Ontario, Canada and serving much of southern and eastern Ontario, owned by Quebecor Media through its Groupe TVA unit. At the time of the station's closure on November 1, 2011, the station was serving as an over-the-air simulcast of...

in Toronto, Ontario, Canada
Canada
Canada 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...

http://www.youtube.com/watch?v=0-46yDrB1KM&feature=player_embedded
Gerard Kennedy
Gerard Kennedy
Gerard Michael Kennedy is a Canadian politician in Ontario, Canada. He served as Ontario's Minister of Education from 2003 to 2006, when he resigned to make an unsuccessful bid for the leadership of the Liberal Party of Canada...

being interviewed about his Bill C-440, on September 18, 2009, the day after it was introduced into the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...

. The show, Power Play (Canadian political affairs series)
Power Play (Canadian political affairs series)
Power Play is a Canadian public affairs television show which airs weekdays on CTV News Channel. Interviews are conducted with important Canadian political figures as well as political journalists and strategists, and includes a regular segment with CTV's Craig Oliver...

, broadcasts from Parliament Hill
Parliament Hill
Parliament Hill , colloquially known as The Hill, is an area of Crown land on the southern banks of the Ottawa River in downtown Ottawa, Ontario. Its Gothic revival suite of buildingsthe parliament buildings serves as the home of the Parliament of Canada and contains a number of architectural...

and is hosted by CTV's
CTV television network
CTV Television Network is a Canadian English language television network and is owned by Bell Media. It is Canada's largest privately-owned network, and has consistently placed as Canada's top-rated network in total viewers and in key demographics since 2002, after several years trailing the rival...

Tom Clark. (duration 5:22) http://www.youtube.com/watch?v=w2egKmhHowc
US war resister Pvt. Rodney Watson’s news conference about seeking refuge [(Right of asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...

)] in Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...

church. Date of video: Oct 19, 2009. Video produced and published by Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...

. (duration 13:02) http://www.cbc.ca/canada/british-columbia/story/2009/10/19/bc-rodney-watson-war-resister.html
Global Television Network
Global Television Network
Global Television Network is an English language privately owned television network in Canada, owned by Calgary-based Shaw Communications, as part of its Shaw Media division...

television program 16:9 (TV series)
16:9 (TV series)
16x9 is a Canadian investigative newsmagazine television program which airs on Global. The series debuted on November 30, 2008...

documentary entitled "War Resisters." Carolyn Jarvis
Carolyn Jarvis
Carolyn Jarvis is currently a Vancouver-based correspondent for 16x9 - The Bigger Picture and a substitute anchor for Global BC. She is also the Saturday anchor for Global National. Prior to her current position, she worked at Global Edmonton from spring 2005 to January 2009...

interviews war resisters Robin Long
Robin Long
Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status...

and Rodney Watson, and Canadian Member of Parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...

Gerard Kennedy
Gerard Kennedy
Gerard Michael Kennedy is a Canadian politician in Ontario, Canada. He served as Ontario's Minister of Education from 2003 to 2006, when he resigned to make an unsuccessful bid for the leadership of the Liberal Party of Canada...

. January 24, 2010. (duration 8:56) http://www.globalnational.com/programs/16x9/Resisters/2468254/story.html

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