[NYTr] Canada Shuts Doors to US Military War Resisters

[All the News That Doesn't Fit]

IPS - Nov 16, 2007
http://www.ipsnews.net/news.asp?idnews=40094

Canada Shuts Doors to U.S. Military War Resisters

By Aaron Glantz

SAN FRANCISCO, California, Nov 16 (IPS) - Two U.S. Army deserters who
fled to Canada and sought refugee status on grounds of their opposition
to the war in Iraq have lost their bids to have the Supreme Court of
Canada hear their cases.

The court refused to hear the appeals of Jeremy Hinzman and Brandon
Hughey Thursday, who were rejected two years ago by Canada's
immigration authorities.

The board ruled they would not be at risk of their lives if they
returned to the United States, nor were they at risk of "cruel and
unusual treatment or punishment".

Hinzman and Hughey deserted the U.S. Army in 2004 after learning their
units were being deployed to Iraq to fight in a war they have called
immoral and illegal. The men argue that serving in Iraq would force
them to commit crimes against civilians, and that they would be
persecuted if forced to return to the United States.

There are currently about 200 U.S. Army deserters in Canada. Among them
is Ryan Johnson of Visalia, California. He fled to Canada in 2005, the
day his unit deployed to Iraq.

"The Canadian government decided not to fight an illegal war," he told
IPS. "Canada was going to go into the war in Iraq, but then decided
that because the U.N. did not sanction it, Canada would not participate
in the war in Iraq. That's a major reason that I came to Canada. Canada
felt the same way I did about the war in Iraq."

Canadian immigration officials ruled, however, that "as mere
footsoldiers", U.S. war resisters "could not be held responsible for
the breach of international law committed by United States in going to
Iraq." Immigration authorities also ruled that "ordinary footsoldiers
are not expected to make own personal assessment as to the legality of
any conflict they may be called upon to fight". They also said there is
no internationally recognised right to object to a particular war.

"It's disappointing that the Supreme Court of Canada would not even go
as far as to hear our case," Johnson said. "It is definitely not
something that is pertinent. They've used legality of war in other
refugee cases, I don't know why in our case they refused to use the
legality of the war in evidence."

A spokesperson for Canada's immigration minister put a different spin
on the Supreme Court's decision.

"Canadians want a refugee system that helps true refugees,"
spokesperson Mike Fraser told Reuters.

"All refugee claimants in Canada have the right to due process and when
they have exhausted those legal avenues we expect them to respect our
laws and leave the country," he added.

During the Vietnam War, between 30,000 and 60,000 draft dodgers sought
sanctuary in Canada. Veterans of that fight say the atmosphere in
Canada today is very different than it was during the 1960s and 70s.

"Our government is pretty clear that it is pro-[George W.] Bush and
[wants to] reassure Americans that the Canadian border is very secure,"
said Leigh Zaslofsky, who fled the United States in 1970 and now
coordinates Canada's War Resister Support Campaign.

"When I deserted I was able to apply for permanent residency and obtain
it there if I passed a points assessment so that's what I did," he
said, "and I was readily admitted to Canada as a permanent resident and
didn't have to worry about being sent back to the United States."

Even so, U.S. war resisters in Canada are not facing immediate
deportation.

After losing their appeal at the Supreme Court, Hinzman and Hughey will
now receive a "pre-removal risk assessment", which is designed to judge
whether in the United States they would be at risk of torture, death or
cruel and unusual punishment or treatment.

That's only the beginning of a drawn-out deportation process that could
go on for years.

"We still have a bit of time before anyone is looking at getting sent
back imminently," Ryan Johnson said.

War resisters can also apply for permanent residency in Canada on
humanitarian or compassionate grounds.

Meanwhile, supporters of U.S. soldiers who fled across the northern
border are turning their efforts toward the Canadian Parliament, which
they hope will pass a law overruling existing policy -- despite the
opposition of Prime Minister Stephen Harper, the National Democratic
Party and Bloc Quebecois. If they can get the centre-left Liberal Party
to go along, supporters say, such a bill could become law without
Harper's support.

"When I signed up for the Army in November 2003, I was thinking there
were weapons of mass destruction, that Iraq had ties to 9/11," Johnson
said. "Our president, our vice president, [then defence secretary]
Donald Rumsfeld lied to us. They betrayed the American people and
they're betraying every soldier they send over there to fight a war
based on false pretenses and greed."

Johnson has not seen his parents since he fled to Canada more than two
years ago.

(END/2007)