Ottawa draws a line on U.S. deserters

By The Canadian Press


OTTAWA - The Conservative government has given immigration officers tough new marching orders for dealing with military deserters seeking refuge in Canada, saying they may be inadmissible.


The Immigration Department is leaning on officers to give a more critical assessment in new cases and telling them to report more often about existing files.


The department recently issued a bulletin to field officers that said flight from military service in another country may make certain refugee claimants inadmissible.


The new directive, issued on the department's web site, points to existing provisions of the Immigration and Refugee Protection Act to make its case, but it does not change any regulation or propose amendments to the law.


It does paint deserters as criminals.


``Desertion is an offence in Canada under the National Defence Act," said the notice, issued on July 22. "The maximum punishment for desertion under section 88 of the (National Defence Act) is life imprisonment, if the person committed the offence on active service or under orders for active service. Consequently, persons who have deserted the military in their country of origin may be inadmissible to Canada."


But the bulletin stops short of imposing a flat ban on deserters entering the country and instructs immigration officers to seek guidance from regional advisers when dealing with deserters applying for permanent residence in Canada. The order also tells them to notify the department’s case management branch when any new refugee claims are filed, or high-profile ones are updated.


Officials in Immigration Minister Jason Kenney's office were not immediately available to comment.


Early last month, the Federal Court of Appeal ruled that immigration officers must consider a soldier’s beliefs and motivations when deciding on humanitarian applications for permanent residence. The court was dealing with the case of Jeremy Hinzman, a former paratrooper who bailed on the Iraq war as a conscientious objector.


The three-judge appeals panel ruled that an immigration officer's decision to reject Hinzman's application for permanent residence was ``significantly flawed" and unreasonable and ordered that another officer at the refugee board look at the application.


There are up to 40 self-styled war resisters in Canada, according to figures from a support network. How many of them are actual deserters is not clear.


Regardless, Conservatives have shown no sympathy and even less patience with what Kenney described last year as ``bogus refugee claimants."


Previously released Access to Information documents make a clear distinction between the current crop of conscientious objectors and those who fled to Canada by the thousands in the 1960s.


"Unlike American draft dodgers who immigrated to Canada during the Vietnam conflict, the individuals coming to Canada now voluntarily joined the United States military and have subsequently deserted," said records obtained by The Canadian Press.

Liberal MP Gerard Kennedy described the bulletin as ``reckless" and accused the Conservatives of political interference and manipulation.

``These people are entitled to a fair hearing and have their case considered on its merits," he said.

``The courts have started to increasingly rule that conscientious objection is a legitimate grounds for humanitarian and compassionate consideration in Canada. They shouldn't be using what is essentially a propaganda process to try and contain this. They should let an objective process take place."

The House of Commons has twice passed non-binding motions to halt deportation proceedings against American conscientious objectors trying to stay in Canada. A private members bill, to give the motions legislative weight, is due to be debated this fall in Parliament

These guys aren't conscientious objectors. They volunteered for the military to get an education or a large signing bonus, thinking they'd never see combat. I wouldn't want to fight in Iraq in Afghanistan, but then again, I never enlisted. Send 'em back!

I agree. Interesting article! I didn't know that so many deserters came across into Canada, but you're right, if you enlist you have to suffer the consequences.

BubbleBliss wrote:
I agree. Interesting article! I didn't know that so many deserters came across into Canada, but you're right, if you enlist you have to suffer the consequences.

It doesn't get a lot of press, especially in the States because it makes for bad propaganda against the wars. Plus it's a sore spot between the States and canada. There's a infamous case involving a guy named Jeremy Hinzman who deserted and came up here with his wife and kids. At his immigration trial here a former marine testified on his behalf and said that US troops routinely commit atrocities against innocent Iraqi civiilans. That helped Hinzman's case. That, and the fact that many Canadians regard the Iraq war as illegal. he's still here, but his case is in legal limbo and the threat of deportation is still hanging over his head.

It's a bit different when it's a draft. Even then i find desertion abominable since i'm a veteran. But during peace time? These people have legs to stand on.

alland wrote:

BubbleBliss wrote:
I agree. Interesting article! I didn't know that so many deserters came across into Canada, but you're right, if you enlist you have to suffer the consequences.

It doesn't get a lot of press, especially in the States because it makes for bad propaganda against the wars. Plus it's a sore spot between the States and canada. There's a infamous case involving a guy named Jeremy Hinzman who deserted and came up here with his wife and kids. At his immigration trial here a former marine testified on his behalf and said that US troops routinely commit atrocities against innocent Iraqi civiilans. That helped Hinzman's case. That, and the fact that many Canadians regard the Iraq war as illegal. he's still here, but his case is in legal limbo and the threat of deportation is still hanging over his head.

That's interesting. I guess all countries have some kind of problem/sensitive issue with their neighbor.

I wouldn't call it a problem with Canada in our respective regards. They used to let these people go there against the wishes of the US gov't (Vietnam war). Not much the US can do about things like that.

TexasBlue wrote:I wouldn't call it a problem with Canada in our respective regards. They used to let these people go there against the wishes of the US gov't (Vietnam war). Not much the US can do about things like that.

It wasn't a problem, but it was certainly a sensitive issue because it was am embarrassment to the States -- sort of like when the rumour began that the 9/11 hijackers had crossed in from Canada.

Any/ALL U.S. Military deserters found ANYWHERE should be brought back to the U.S. for prison terms ..... At a minimum.

guido wrote:Any/ALL U.S. Military deserters found ANYWHERE should be brought back to the U.S. for prison terms ..... At a minimum.

That "At a minimum." is the very thing that just might ensure Canada never deporting them and giving them refugee status.

alland wrote:

guido wrote:Any/ALL U.S. Military deserters found ANYWHERE should be brought back to the U.S. for prison terms ..... At a minimum.

That "At a minimum." is the very thing that just might ensure Canada never deporting them and giving them refugee status.

I really couldn't care less.

alland wrote:

guido wrote:Any/ALL U.S. Military deserters found ANYWHERE should be brought back to the U.S. for prison terms ..... At a minimum.

That "At a minimum." is the very thing that just might ensure Canada never deporting them and giving them refugee status.

That's also why a lot of countries don't extradite criminals, especially murderers, back to the US.

Why? So they don't serve a prison sentence for doing something illegal as desertion?

TexasBlue wrote:Why? So they don't serve a prison sentence for doing something illegal as desertion?

No, what I was alluding to was that if someone is facing the death penality in another country, Canada won't extradite them. Anything up to that, short of torture in Saudia Arabia or something, and we will.

guido wrote:

alland wrote:

guido wrote:Any/ALL U.S. Military deserters found ANYWHERE should be brought back to the U.S. for prison terms ..... At a minimum.

That "At a minimum." is the very thing that just might ensure Canada never deporting them and giving them refugee status.

I really couldn't care less.

So, you're saying you wouldn't mind them not being extradited then?

alland wrote:No, what I was alluding to was that if someone is facing the death penality in another country, Canada won't extradite them. Anything up to that, short of torture in Saudia Arabia or something, and we will.

I was actually responding to Bubbles when he said

That's also why a lot of countries don't extradite criminals, especially murderers, back to the US.

But i'm aware of the death penalty reason why others won't extradite to here.

TexasBlue wrote:Why? So they don't serve a prison sentence for doing something illegal as desertion?

Because of the death sentence.