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catman
Joined: 18 Jul 2004
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 Posted: Sat Jul 05, 2008 1:02 pm Post subject: U.S. deserter could qualify as refugee: court |
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An American war deserter could have a valid claim for refugee status in Canada, the Federal Court ruled on Friday.
In a decision that may have an impact on dozens of refugee claimants in Canada, Federal Court Justice Robert Barnes said Canada's refugee board erred by rejecting the asylum bid of Joshua Key. He ordered that a new panel reconsider the application.
Key was sent to Iraq in 2003 as a combat engineer for eight months where he said he was responsible for nighttime raids on private Iraqi homes, which included searching for weapons.
He alleged that during his time in Iraq he witnessed several cases of abuse, humiliation, and looting by the U.S. army.
When Key was back in the U.S on a two-week leave, he said he was suffering from debilitating nightmares and that he couldn't return. A military lawyer told him that he could either return to Iraq or face prison.
Instead, Key took his family to Canada and applied for refugee status.
While the immigration board concluded that some of the alleged conduct by the U.S military included a "disturbing level of brutality," it said the conduct did not meet the definition of a war crime or a crime against humanity.
Barnes said the board erred �by concluding that refugee protection for military deserters and evaders is only available where the conduct objected to amounts to a war crime, a crime against peace or a crime against humanity."
Citing a case from the U.S. Federal Court of Appeal, Barnes said officially condoned military misconduct could still support a refugee claim, even if it falls short of a war crime.
"The authorities indicate that military action which systematically degrades, abuses or humiliates either combatants or non-combatants is capable of supporting a refugee claim where that is the proven reason for refusing to serve," Barnes wrote.
Barnes said the board imposed a legal standard that was "too restrictive" on Key, who lives in Saskatchewan.
Key's lawyer, Jeffry House, said the ruling expands a soldier's right to refuse military service.
"It's a huge victory for numerous soldiers who are here and maybe others who are thinking of coming here," House said.
A spokeswoman for Immigration Minister Diane Finley said they were reviewing the court decision.
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http://www.cbc.ca/canada/story/2008/07/04/refugee-ruling.html |
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ReeseDog
Joined: 05 Apr 2008
Location: Classified
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| Posted: Sat Jul 05, 2008 2:07 pm Post subject: |
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| Traitor. |
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Cheonmunka
Joined: 04 Jun 2004
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| Posted: Sat Jul 05, 2008 9:36 pm Post subject: |
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| He, and his family, should be allowed that choice, same as you are allowed, every moment of your life. |
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ReeseDog
Joined: 05 Apr 2008
Location: Classified
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| Posted: Sun Jul 06, 2008 10:20 am Post subject: |
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| He chose to join the Army. When he made that choice, he chose to swear to obey orders until his time of service be finished. |
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thiophene
Joined: 15 Sep 2007
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| Posted: Sun Jul 06, 2008 10:26 am Post subject: |
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this may just be rumour, but I heard if you are unhealthy you'd be kicked out of the army, now this may be a simplistic/naive idea but why don't deserters just gain a bit of weight?
anyhoo, I'm glad he's got another chance. Isn't there some article that says no one can be forced to work? It's unfair. If the govn't is worried about the loss of money, then just get them to pay it back. |
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catman
Joined: 18 Jul 2004
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| Posted: Sun Jul 06, 2008 11:13 am Post subject: |
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| He has already served in Iraq. He stated he witnessed abuse of Iraq civilians and did not want to be part of that again. |
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aarontendo
Joined: 08 Feb 2006
Location: Daegu-ish
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| Posted: Sun Jul 06, 2008 12:46 pm Post subject: |
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| thiophene wrote: |
this may just be rumour, but I heard if you are unhealthy you'd be kicked out of the army, now this may be a simplistic/naive idea but why don't deserters just gain a bit of weight?
anyhoo, I'm glad he's got another chance. Isn't there some article that says no one can be forced to work? It's unfair. If the govn't is worried about the loss of money, then just get them to pay it back. |
My friend was considering it when he was in the army. He said they just make you eat less and make you run the weight off if you start gettin pudgy. |
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blaseblasphemener
Joined: 01 Jun 2006
Location: There's a voice, keeps on calling me, down the road, that's where I'll always be
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| Posted: Sun Jul 06, 2008 5:25 pm Post subject: |
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| What do you expect? The president of the U.S.A. was a deserter. There is no moral high ground on this issue, when all the leadership are deserters or chickenhawks. |
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Cheonmunka
Joined: 04 Jun 2004
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| Posted: Mon Jul 07, 2008 1:47 am Post subject: |
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I believe that all people should be treated well. Even in the military, if you want to get out, give a month's notice. That's fair. No one in life should be forced into extreme danger, or even simply, against their will. That is what freedom is about.
Or, we don't know what freedom is. |
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