War Resisters Support Campaign
Encyclopedia
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...
non-profit community organization, founded in April 2004 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...
, 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....
to mobilize support among Canadians and worldwide to convince the Canadian government to offer sanctuary to all U.S. military personnel who wish to come to Canada because of their opposition to the invasion and occupation of Iraq.
Overview
The Campaign, headquartered in TorontoToronto
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...
, has chapters in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
, Ont.; 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,...
, B.C.; Victoria
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...
, B.C.; Nelson, B.C.; Sudbury, Ont.; London, Ontario, and Thunder Bay
Thunder Bay
-In Canada:Thunder Bay is the name of three places in the province of Ontario, Canada along Lake Superior:*Thunder Bay District, Ontario, a district in Northwestern Ontario*Thunder Bay, a city in Thunder Bay District*Thunder Bay, Unorganized, Ontario...
, Ont. As well, there are supporters in almost every part of Canada, as well as many in the United States and elsewhere.
As of August 2007, the campaign has attracted support from trade unions, including the Canadian Labour Congress
Canadian Labour Congress
The Canadian Labour Congress, or CLC is a national trade union centre, the central labour body in English Canada to which most Canadian labour unions are affiliated.- Formation :...
, the United Steelworkers
United Steelworkers
The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union is the largest industrial labor union in North America, with 705,000 members. Headquartered in Pittsburgh, U.S., the United Steelworkers represents workers in the United...
, the International Association of Machinists (Ontario); the Canadian Auto Workers
Canadian Auto Workers
The Canadian Auto Workers is one of Canada's largest and highest profile social unions. While rooted in Ontario's large auto plants of Windsor, Brampton, Oakville, St...
; and many others. A very diverse support network of Faith groups have also been supportive of this campaign – ranging from the Society of Friends (Quakers) to KAIROS
KAIROS
KAIROS: Canadian Ecumenical Justice Initiatives is a Canadian faith-based ecumenical organization effecting social change through advocacy, education and research programs in: Ecological Justice, Economic Justice, Energy and Extraction, Human Rights, Just and Sustainable Livelihoods, and Indigenous...
(a joint project of many churches in Canada) to the York Region Islamic Centre and many others. Prominent individuals have also offered support, among them Shirley Douglas
Shirley Douglas
Shirley Jean Douglas, OC is a Canadian television, film and stage actress and activist. Her acting career combined with her family name has made her recognisable in Canadian film, television and politics.-Personal life:...
, Naomi Klein
Naomi Klein
Naomi Klein is a Canadian author and social activist known for her political analyses and criticism of corporate globalization.-Family:...
, Avi Lewis
Avi Lewis
Avram David "Avi" Lewis is a Canadian documentary filmmaker, host of the Al Jazeera English show , and former host of the Canadian Broadcasting Corporation current-affairs program On the Map.-Family:...
, Sarah Harmer
Sarah Harmer
Sarah Harmer is a Canadian singer-songwriter and activist.-Biography:Born and raised in Burlington, Ontario, Harmer gained her first exposure to the musician's lifestyle as a teenager, when her older sister Mary started taking her to concerts by the well-known Tragically Hip. At the age of 17, she...
, Susan Sarandon
Susan Sarandon
Susan Sarandon is an American actress. She has worked in films and television since 1969, and won an Academy Award for Best Actress for her performance in the 1995 film Dead Man Walking. She had also been nominated for the award for four films before that and has received other recognition for her...
, and Tom Hayden
Tom Hayden
Thomas Emmet "Tom" Hayden is an American social and political activist and politician, known for his involvement in the animal rights, and the anti-war and civil rights movements of the 1960s. He is the former husband of actress Jane Fonda and the father of actor Troy Garity.-Life and...
. The 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...
of Canada, is a major supporter as well, in particular the party leader Jack Layton
Jack Layton
John Gilbert "Jack" Layton, PC was a Canadian social democratic politician and the Leader of the Official Opposition. He was the leader of the New Democratic Party from 2003 to 2011, and previously sat on Toronto City Council, serving at times during that period as acting mayor and deputy mayor of...
and MPs Bill Siksay
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...
, Joe Comartin and Jean Crowder
Jean Crowder
Jean A. Crowder is a Canadian politician, who has been an MP since 2004.Born in Montreal, Quebec, Crowder received a degree in psychology from Wilfrid Laurier University in Waterloo, Ontario....
. A number of Liberal MPs have also expressed support. They include Bonnie Brown, Mario Silva, Borys Wrzesnewskij, Stephen Owen, and others. The Campaign has conducted an active lobbying effort to find and generate support among Liberals, and will soon expand that effort to reach out to MPs from the Bloc Québécois.
The Campaign's funds come from donations and from the proceeds of fundraising events. Important recent events were held in Buffalo, N.Y.and in Ft. Erie Ont. "Peace Has No Borders" and at Peace Arch Park, B.C.as well as in Ottawa, Ont.; Nelson B.C., and many other locations. Prior to those, a major event took place on December 10, 2005 in Toronto attended by over 300 people, featuring the premiere showing of the Campaign video "Let Them Stay: Voices of US War Resisters in Canada" and a performance by the Common Threads Chorus. The Campaign continues to sponsor events and to raise funds via its website www.resisters.ca and through other outreach.
The Campaign offers practical support to US war resisters in Canada, including temporary housing, funds for everyday expenses when needed, access to legal advice and representation, and many other less formal supports. Potential war resisters who contact the Campaign while in the US are asked first to contact the GI Rights Hotline at 877 447 4487 or girightshotline.org to obtain information on options that they may have in the US. This is because the Campaign is well aware that a decision to come to Canada is a serious, perhaps life-changing one, and must be carefully considered.
The War Resisters in Canada
There are currently between 30 and 40 US war resisters in Canada, including some families. These war resisters have made contact with the Campaign and are applying for refugee status in Canada, as well as receiving various forms of support, as needed – and as far as Campaign resources permit. There are other US war resisters in Canada, but how many there might be is a subject for speculation. The best estimate is probably between 100 and 200. The Campaign recommends that people NOT stay in Canada without status, as this is contrary to Canadian immigration law.The war resisters mostly go to Toronto, Ontario; or Vancouver, British Columbia when they first arrive in Canada, because that is where the majority of the campaign organizing takes place. However an increasing number have been going to Nelson, B.C. where there is a growing Campaign, and others have settled in various locations across the country. Recently chapters in London and Ottawa, Ont. have welcomed their first war resisters.
Applicants for refugee status in Canada are entitled to a work permit and to Canada's universal health care while they wait for their claim to be decided. Claims can take several years to decide.
A major part of a refugee claim is the refugee hearing, which takes place before a member of 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). It is essential to have legal advice and representation at the hearing, and the Campaign has several lawyers who work with the war resisters. Once the hearing has taken place, the IRB will issue a decision (after several months), either granting or rejecting the claim. If the 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.
Important Dates
On Dec. 6, 2007, the Canadian Standing Committee on Citizenship and Immigration adopted the following motion: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...
voted 137 to 110 in favor of the above recommendation to the government (see list of names: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=39&Ses=2&DocId=3543213#Int-2506938). 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...
printed the following:
But the motion is non-binding and the victory was bittersweet as the government is likely to ignore it.
"We're worried that (Prime Minister Stephen) Harper might not follow the advice of a majority of the members of the House of Commons who voted today," NDPNew Democratic PartyThe 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...
Leader Jack LaytonJack LaytonJohn Gilbert "Jack" Layton, PC was a Canadian social democratic politician and the Leader of the Official Opposition. He was the leader of the New Democratic Party from 2003 to 2011, and previously sat on Toronto City Council, serving at times during that period as acting mayor and deputy mayor of...
told reporters yesterday.
"He has had a tendency to turn his back on the message of peace that so many Canadians would want to bring forward and the welcome that they would want to offer to those who have expressed this particular courage."
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.
On July 4, 2008, US Iraq war resister 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 Canadian Refugee Board to re-examine his claim for refugee status in Canada. http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Summary.pdfhttp://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Decision.pdfhttp://www.resisters.ca/WRSCRelease_july408_jkey.pdf 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 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.”
On July 16, 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 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 ordered out of the country last week...He was deported yesterday"
On Feb 12, 2009, the The Standing Committee on Citizenship and Immigration again passed a non-binding motion reaffirming Parliament's June 2008 vote which recommended that the government let Iraq War resisters stay in Canada. (Because a new session of Parliament began, the whole process had to begin again.) 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.
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 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” |
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 Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... ” |
7 months | |
| Ryan Jackson http://www.couragetoresist.org/x/content/view/593/ | US | May 30, 2008 | ”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... ” |
100 days | |
| ***James Burmeister (Returned to the US without being given a deportation order.) |
US | July 16, 2008 | ”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... ” |
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 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 stay away permanently" |
15 months | 12 months |
| Tony Anderson http://www.couragetoresist.org/x/content/view/624/1/ | US | Nov 17, 2008 | "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... " |
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 Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... " |
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 Who Went Back
Several war resisters have returned to the US, with mixed results. Darrell AndersonDarrell Anderson
Darrell Anderson is a former United States Army soldier and anti-Iraq war activist.-Military service and desertion:...
turned himself in at Ft. Knox, Ky. in October 2006. He got an Other Than Honorable Discharge after a few days and is now living in his hometown nearby.
But when Kyle Snyder
Kyle Snyder
Kyle Ehren Snyder is an American baseball player, who is a former relief pitcher.Snyder played with the Kansas City Royals and the Boston Red Sox . He is listed at 6-8 and 220 pounds, is a switch hitter, and throws right-handed....
also turned himself in at Ft. Knox, he was not discharged. Instead, he was ordered to report to his unit in Ft Leonard Wood, Mo. He decided to go AWOL, and in November 2006 he started to speak publicly about his opposition to the war and demanding to be discharged without penalty in the US.
Ivan Brobeck also returned to the US. A Marine, he was taken to Quantico Marine Base, Va., near his home town of Arlington, and is being held there pending a decision on the charges against him.
James Burmeister also returned to the US. On July 16, 2008, he was sentenced to 9 months in jail 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...
.
The War Resisters Support Campaign did not recommend that these war resisters return to the US.
See also
- Canada and Iraq War resistersCanada and Iraq War resistersDuring 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...
- Canada Border Services AgencyCanada Border Services AgencyThe Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....
- Canadian nationality lawCanadian nationality lawCanadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen and was born or naturalized in Canada, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who lives in Canada for three out...
- Citizenship and Immigration CanadaCitizenship and Immigration CanadaCitizenship and Immigration Canada is the department of the government of Canada with responsibility for issues dealing with immigration and citizenship...
- U.S. conscientious objectors in Canada
:Category:Conscientious objectors
- DesertionDesertionIn military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
- Immigration and Refugee Protection ActImmigration and Refugee Protection ActImmigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
- Immigration to CanadaImmigration to CanadaImmigration to Canada is the process by which people migrate to Canada to reside permanently in the country. The majority of these individuals become Canadian citizens. After 1947, domestic immigration law and policy went through major changes, most notably with the Immigration Act, 1976, and the...
- Jeremy HinzmanJeremy HinzmanJeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
- Legality of the Iraq WarLegality of the Iraq WarThe legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
- Legitimacy of the 2003 invasion of IraqLegitimacy of the 2003 invasion of IraqA 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...
- List of Iraq War resisters
:Category:Iraq War resisters
- List of U.S. military prisons
- Nuremberg Defense
- Nuremberg Principle IVNuremberg PrinciplesThe 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...
- Permanent residentPermanent 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...
- Rationale for the Iraq WarRationale for the Iraq WarThe rationale for the Iraq War has been a contentious issue since the Bush administration began actively pressing for military intervention in Iraq in late 2001. The primary rationalization for the Iraq War was articulated by a joint resolution of the U.S. Congress known as the Iraq Resolution.The...
- Refugee LawRefugee lawRefugee 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...
- Right of AsylumRight of asylumRight 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...
- Robin LongRobin LongRobin 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...
- Temporary residentTemporary resident (Canada)A temporary resident in Canada is someone who is not a Canadian citizen but is legally in Canada for a temporary purpose, including international students, foreign workers and tourists.Some foreign nationals require a Temporary Resident Visa to visit Canada...
- The Right to Refuse to Kill
- Views on the 2003 invasion of IraqViews on the 2003 invasion of IraqThe 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...
- War resisterWar resisterA 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....
- War Resisters International