Jeremy Hinzman - AbsoluteAstronomy.com

Jeremy Dean Hinzman is the first American

United States

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

Iraq war resister/deserter to seek 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 in 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...

.

He enlisted in the U.S. army as a paratrooper

Paratrooper

Paratroopers are soldiers trained in parachuting and generally operate as part of an airborne force.Paratroopers are used for tactical advantage as they can be inserted into the battlefield from the air, thereby allowing them to be positioned in areas not accessible by land...

with the 82nd Airborne Division and deserted

Desertion

In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...

in 2004 to avoid participating in the Iraq War. "He fled to Canada

Canada

with his wife and preschool-age son. Now living in Toronto

Toronto

Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...

and working as a bike courier, Hinzman faces a court martial and a possible five-year prison sentence if he returns to the U.S.. Hinzman said he sought refugee

Refugee

status because he opposed the war in Iraq on moral

Morality

Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...

grounds and thought the U.S. invasion violated international human rights standards

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...

."

He "was one of the first to have his application [for refugee status] rejected – a decision he unsuccessfully appealed to 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...

and the 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...

. His request to appeal

Appeal

An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

the decision to the Supreme Court was rejected...November [2007]. At that time, he filed for a pre-removal risk assessment with the citizenship and immigration department

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 determines if a denied refugee

Refugee

applicant would be subject to torture, death or a risk of cruel and unusual treatment or punishment

Cruel and unusual punishment

Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...

if returned to their country of origin.

Distinct from his application for refugee status, he also filed for permanent residency

Permanent resident (Canada)

A Permanent Resident in Canada is someone who is not a Canadian citizen but who has been granted permission to live and work in Canada without any time limit on his or her stay...

on compassionate and humanitarian grounds." In this distinctly different approach, he achieved a major step forward on July 6, 2010.

Military service

Hinzman voluntarily joined the military early in 2001, completing basic combat training

Recruit training

Recruit training, more commonly known as Basic Training and colloquially called Boot Camp, is the initial indoctrination and instruction given to new military personnel, enlisted and officer...

and airborne school in Fort Benning, Georgia.

Along with his wife, Nga Nguyen, he began attending meetings of the Religious Society of Friends

Religious Society of Friends

The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...

in January 2002. His newfound pacifist beliefs and the birth of his son, Liam, in May 2002, were among the reasons he cited for applying for 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....

status in August 2002. 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 Hinzman "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".

His unit was deployed to take part in the war in Afghanistan

War in Afghanistan (2001–present)

The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...

later in 2002. Hinzman fulfilled a non-combat role

Non-combatant

Non-combatant is a term in the law of war describing civilians not taking a direct part in hostilities, as well as persons such as medical personnel and military chaplains who are regular soldiers but are protected because of their function as well as soldiers who are hors de combat ; that is, sick,...

there while his conscientious objector application was being processed. It was ultimately denied, and he then returned to his regular unit, serving as its armorer

Armorer

An armourer or armorer is a member of a military or police force who maintains and repairs small arms and weapons systems, with some duties resembling those of a civilian gunsmith....

. When his unit received orders to join in the Iraq War, Hinzman deserted, crossing the border into Canada with his wife and son.

Life in Canada

He filed a refugee claim upon his arrival in Canada, in January 2004. He is one of at least 28 soldiers actively seeking refugee status in Canada after deserting the United States military out of opposition to the Iraq conflict. While waiting for various legal decisions to be made on his case, Hinzman and his family continued to live in Toronto

Toronto

, 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....

. Hinzman, along with fellow deserter Brandon Hughey, has become a popular figure in the anti-war movement

Peace movement

A peace movement is a social movement that seeks to achieve ideals such as the ending of a particular war , minimize inter-human violence in a particular place or type of situation, often linked to the goal of achieving world peace...

. He occasionally travels to other Canadian cities to speak on campus

Campus

A campus is traditionally the land on which a college or university and related institutional buildings are situated. Usually a campus includes libraries, lecture halls, residence halls and park-like settings...

es and at peace rallies

Protest

A protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...

. Hinzman has also drawn criticism, and during his hearing stated that he has received death threat

Death threat

A death threat is a threat of death, often made anonymously, by one person or a group of people to kill another person or groups of people. These threats are usually designed to intimidate victims in order to manipulate their behavior, thus a death threat is a form of coercion...

s from American citizens

Citizenship

Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

.

If and when his legal options are exhausted, Hinzman will then face the prospect of deportation from Canada and extradition to U.S. military custody. If he is ultimately deported, he faces court martial in the US Army. And if the Army pursues a general court-martial, he could be sentenced to punishment of up to five years in prison and a dishonorable discharge for 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 intent to avoid hazardous duty or to shirk important service."

In a May 12, 2005 Media Briefing, Amnesty International

Amnesty International

stated:

“Amnesty International considers Mr. Jeremy Hinzman to have a genuine conscientious objection to serving as a combatant in the US forces in Iraq. Amnesty International further considers that he took reasonable steps to register his conscientious objection through seeking non-combatant status in 2002, an application which was rejected. Accordingly, should he be imprisoned upon his return to the United States, Amnesty International would consider him to be a prisoner of conscience.”

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

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...

presided over by Coram

Coram non judice

Coram non judice, Latin for "before one who is not a judge," is a legal term typically used to indicate a legal proceeding without a judge, with improper venue, or without jurisdiction....

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...

. It was the first of similar refugee applications.

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."

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 this precedent-setting hearing. "Government lawyers argued at Hinzman'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

)] 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. 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.

Reporting on Brian P. Goodman

Brian P. Goodman

's decision, the BBC

BBC

The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...

stated that the ruling "did not come as a surprise...[Canadian] officials are aware that accusing Washington of persecuting its own citizens would cause an international diplomatic incident".

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

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...

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

Supreme Court of Canada

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

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

made of Justices Michel Bastarache

Michel Bastarache

J. E. Michel Bastarache is a Canadian lawyer, businessman, and retired puisne justice on the Supreme Court of Canada....

, Rosalie Abella

Rosalie Abella

Rosalie Silberman Abella, is a Canadian jurist. She was appointed in 2004 to the Supreme Court of Canada, becoming the first Jewish woman to sit on the Canadian Supreme Court bench.- Early life :...

, and Louise Charron

Louise Charron

Louise Charron is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge...

refused an application to have the Court hear the case on appeal, without giving reasons.
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 in 2007 and 2008

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

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...

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 recommending that "the government immediately implement a program to allow conscientious objectors and their immediate family members (partners and dependents), who have refused or left military service related to a war not sanctioned by the United Nations and do not have a criminal record, to apply for permanent resident status and remain in Canada; and that the government should immediately cease any removal or deportation actions that may have already commenced against such individuals."

On June 3, 2008, 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...

passed a 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

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...

…to…remain in Canada…” 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

On July 22, 2008, Officer S.Parr issued a negative decision on the Hinzman application to stay in Canada on "Humanitarian and Compassionate Grounds." On July 25, 2008, she also issued a distinctly separate negative decision on the Hinzman application to stay in Canada as refugees (in their "Pre-Removal Risk Assessment")

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

The Stay of Deportation

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….The judge's decision will allow the family to remain in Toronto while the court decides whether to review a decision by Citizenship and Immigration officials not to let the Hinzmans remain in Canada on 'Humanitarian and Compassionate grounds'." (This was a distinctly separate legal effort from the refugee application and its accompanying Pre-Removal Risk Assessment.)

At the September 22, 2008, hearing, ”Hinzman’s lawyer Alyssa Manning told Justice Richard Mosley

Richard Mosley

A Canadian Federal Court trial judge, Richard Mosley has a background in National security interests, and has taken a role in hearing a number of Canadian anti-terrorism cases, including those relating to Abdullah and Omar Khadr, as well as Hassan Almrei. He has also taken a role in hearing the...

that new evidence suggests outspoken critics of the 2003 American-led invasion of Iraq face harsher treatment than other deserters. For example, she said, deserter 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...

was sentenced to 15 months in prison last month after prosecutors made mention of a media interview he had given in Canada

Canada

before he was deported in July.... The issue of “differential” treatment for those who have spoken out against the U.S.-led invasion appeared to trouble Mosley

Richard Mosley

.

“I don’t know how it is an aggravating

Aggravation (legal concept)

Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."...

feature or element to be introduced in sentencing

Sentence (law)

In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...

,” the judge

Richard Mosley

said.

“Based on the evidence and submissions before me, I am satisfied that the applicants would suffer irreparable harm if a stay were not granted pending determination of their leave application,” Mosley said in his three-page endorsement.”

In order to win the stay of deportation, Hinzman’s lawyer, Alyssa Manning, had to show that her client would suffer “irreparable harm,” if returned to the U.S. as noted in Justice Mosley’s quote (above). Manning also argued that this legal criteria of “irreparable harm” is met in another way: The permanent loss of voting privileges in the country of one’s residence (which accompanies the felony 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...

in the US) also constitutes “irreparable harm,” Manning argued.

The case for allowing Hinzman to stay in Canada on Humanitarian and Compassionate Grounds

On February 10, 2009, Federal Court Justice James Russell heard the appeal of the decision in the Hinzman family's "Humanitarian and Compassionate Grounds" application, (not an appeal of their refugee claim). This was an application to allow the Hinzman family to stay in Canada on "Humanitarian and Compassionate Grounds" ("H&C"). On April 24, 2009, the judge upheld the negative decision in the Hinzmans' H&C application. (His judgment was officially issued June 2, 2009.)

However, this was appealed to a higher court, the Canadian Federal Court of Appeal

Federal Court of Appeal (Canada)

, on May 25, 2010. An eye witness of that hearing, journalist and blogger Laura Kaminker, described it this way:

"Much of the submissions were [contrasting] the decisions in Jeremy's Pre-Removal Risk Assessment (PRRA) [from] 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 (S. Parr) decision (July 22, 2008)), and also the lower court's upholding of that decision (June 2, 2009), both failed to consider the "hardships" of Hinzman. The court said the 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."

Hinzman's case will now go back for another hearing before a different immigration officer. Michelle Robidoux, a spokeswoman with 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...

, said the appellate ruling is important for other war resisters in Canada

Canada and Iraq War resisters

During the Iraq War, which began with the 2003 invasion of Iraq, there were United States 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...

as well. (See full length court decision)

Arguments

The March 16, 2005 IRB Decision full text can be found at: Hinzman Decisions Immigration and Refugee Board of Canada

It has been widely argued that Hinzman is not a prisoner of conscience because he has not been persecuted for his claimed new-found beliefs. In the United States military, 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...

is a crime, specifically a federal offense under Article 85 of the Uniform Code of Military Justice

Uniform Code of Military Justice

The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

, despite his claimed motivation. Hinzman's application for 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....

status was denied due to the fact that he was known to have made statements to the effect that he would consider participating in certain types of defensive actions. 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....

status is only granted to those in the US military who object to all warfare, not to military personnel who object to a specific war or conflict.

Hinzman enlisted voluntarily in the Army, volunteered for infantry duty, and further volunteered for airborne

Airborne forces

Airborne forces are military units, usually light infantry, set up to be moved by aircraft and 'dropped' into battle. Thus they can be placed behind enemy lines, and have an ability to deploy almost anywhere with little warning...

training, a series of delibrate and conscious decisions on Hinzman's part which would practically guarantee combat duty. These circumstances cause critics to be skeptical as to the sincerity of Hinzman's claims to being a 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....

. Such critics have suggested that, if Hinzman were sincere in his beliefs, he would return to the United States voluntarily and accept whatever consequences his actions and beliefs might bring about.

Key to this discussion are three questions: 1. Are soldiers legally allowed to change their minds if they encounter new information? 2. Did Hinzman encounter new information? 3. At what point in his service did Hinzman acquire new information? The answer to the last two questions have been answered in Hinzman's sworn testimony

Sworn testimony

Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are...

(see above links to court cases). The answer to the first question one is "yes" according to the following international statutes:

On March 8, 1995, 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 position 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 . . . .”

External links

CBC news article on rejection of refugee status
Kyle Snyder Courage to Resist
Operation Objection, a pan-Canadian counter-recruitment campaign
UNHCR Database info
War Resisters Support Campaign - Toronto-based organization lobbying the federal government in favour of the soldiers

Videos of Press Interviews with Hinzman

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, Sept 16, 2008. (duration 9:13) http://www.cbc.ca/thehour/videos.html?id=858923262
Democracy Now (US) interview with Hinzman, August, 2008. (Duration: 10:46) http://www.youtube.com/watch?v=ji22-Ayj2gw
Afshin Rattansi interviews Hinzman. Aug 13, 2008. (Duration: 8:45)

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Military service

Life in Canada

Hearing at the Immigration and Refugee Board of Canada

Federal Court Appeal

Supreme Court of Canada

Political Aftermath in 2007 and 2008

The Stay of Deportation

The case for allowing Hinzman to stay in Canada on Humanitarian and Compassionate Grounds

Arguments

See also

External links

Videos of Press Interviews with Hinzman