Top court refuses to hear appeal from U.S. army deserters
Meagan Fitzpatrick
CanWest News Service
U.S. Army private Jeremy Hinzman, who deserted because he opposed the war in Iraq, speaks at a rally after Canada's Immigration and Refugee Board ruled he did not qualify as a refugee in Toronto, United States Army deserter Jeremy Hinzman, 26, seeking refugee status in Canada after refusing to serve in Iraq, winds up his application to the Immigration and Refu
gee Board of Canada on December 8, 2004 in Toronto, Canada.
OTTAWA -- Canada's top court will not hear the case of two Americans who sought refugee status here after deserting the U.S. army in 2004 to avoid being deployed to Iraq.
In a decision released Thursday, the Supreme Court of Canada rejected a bid by Jeremy Hinzman and Brandon Hughey to stay in Canada as refugees.
The court's ruling backs previous ones by the Federal Court, the Federal Court of Appeal and the Immigration and Refugee Board.
Before Thursday's ruling, the Federal Court of Appeal last rejected the claims by Hinzman and Hughey, who crossed the border rather than face possible court martial and imprisonment for refusing to serve in a war they say they morally oppose and is illegal because it was not sanctioned by the United Nations.
The two men have also argued they face persecution in their home country because of their political opinion.
The Federal Court of Appeal ruled, however, the two men did not deserve refugee status in Canada because they come from a democratic country with an accountable and just system for dealing with deserters. A lawyer for the two men, who both live in Toronto, then pledged to appeal the case to the Supreme Court.
While the Supreme Court does not provide reasons for declining to hear a case, the judge in the Federal Court of Appeal case said the Supreme Court had already stated that refugee protection is not available when there has been an inadequate attempt to seek out the protections available in one's home country.
Jeffry House, the lawyer for the two men, has estimated in previous interviews with CanWest News Service that about 200 Americans have fled to Canada to avoid serving in Iraq and that his clients face one- to five-years' imprisonment if they return to the U.S.
In response to Thursday's Supreme Court decision, a group of supporters for war resisters is holding a rally in Toronto.
The War Resisters Support Campaign is calling on Ottawa "to do the right thing and allow resisters to stay in Canada."
Meagan Fitzpatrick
CanWest News Service
U.S. Army private Jeremy Hinzman, who deserted because he opposed the war in Iraq, speaks at a rally after Canada's Immigration and Refugee Board ruled he did not qualify as a refugee in Toronto, United States Army deserter Jeremy Hinzman, 26, seeking refugee status in Canada after refusing to serve in Iraq, winds up his application to the Immigration and Refu
gee Board of Canada on December 8, 2004 in Toronto, Canada.OTTAWA -- Canada's top court will not hear the case of two Americans who sought refugee status here after deserting the U.S. army in 2004 to avoid being deployed to Iraq.
In a decision released Thursday, the Supreme Court of Canada rejected a bid by Jeremy Hinzman and Brandon Hughey to stay in Canada as refugees.
The court's ruling backs previous ones by the Federal Court, the Federal Court of Appeal and the Immigration and Refugee Board.
Before Thursday's ruling, the Federal Court of Appeal last rejected the claims by Hinzman and Hughey, who crossed the border rather than face possible court martial and imprisonment for refusing to serve in a war they say they morally oppose and is illegal because it was not sanctioned by the United Nations.
The two men have also argued they face persecution in their home country because of their political opinion.
The Federal Court of Appeal ruled, however, the two men did not deserve refugee status in Canada because they come from a democratic country with an accountable and just system for dealing with deserters. A lawyer for the two men, who both live in Toronto, then pledged to appeal the case to the Supreme Court.
While the Supreme Court does not provide reasons for declining to hear a case, the judge in the Federal Court of Appeal case said the Supreme Court had already stated that refugee protection is not available when there has been an inadequate attempt to seek out the protections available in one's home country.
Jeffry House, the lawyer for the two men, has estimated in previous interviews with CanWest News Service that about 200 Americans have fled to Canada to avoid serving in Iraq and that his clients face one- to five-years' imprisonment if they return to the U.S.
In response to Thursday's Supreme Court decision, a group of supporters for war resisters is holding a rally in Toronto.
The War Resisters Support Campaign is calling on Ottawa "to do the right thing and allow resisters to stay in Canada."
I love that last sentence --- "allow resisters to stay in Canada" --- how slick is that nuance change from uniformed deserters to resisters.... Kinda reminds ya of some of our own; like from Illegal aliens to Undocumented workers and from Terrorists to Insurgents......
1 comment:
Pecoz, I suspect we both see this the same way. Those scums may very well face some sort of persecution or being ostracized in some parts of our country. Of course, they could go live in San Francisco.
Jim A.
Post a Comment