News Categories



Capitol Hill Blue is a not-for-profit, non-commercial experiment in on-line journalism published as an information resource for our readers. All material is © 2006 Capitol Hill Blue. For more information, please check out our FAQ. We take your privacy seriously at Capitol Hill Blue.
CHB Home / Half-Shell Home/ Print This Page / Email this page

Canada and military deserters

February 9, 2006 01:01 AM / War .

By DALE McFEATTERS

In a case closely watched on both sides of the border, Canada's Federal Court this week took up the appeal of Jeremy Hinzman, 27, a U.S. Army deserter who is seeking political asylum.

If Hinzman succeeds, perhaps as many as 200 deserters living secretly in Canada will do likewise, and other unhappy soldiers may then be tempted to follow them north.

But his petition for asylum was rejected last March by Canada's Immigration Review Board, which found that Hinzman did not meet either of the two broad criteria for refugee status:

-- The refugees are unwilling to return to their homeland because of "a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group."

-- Or their return "would subject them to the possibility of torture, risk to life, or risk of cruel and unusual treatment or punishment."

Arguably, none of these applies to Hinzman. He would face a jail sentence, loss of pay and benefits, and the stigma of a dishonorable discharge. And he knew this when he abandoned his 82nd Airborne unit rather than go to Iraq.

He is being represented by a prominent human-rights lawyer, Jeffrey House, who himself fled to Canada in 1969 rather than be drafted. Hinzman came to believe the war was a "criminal enterprise." House, according to the Canadian press, will argue that his client should be granted asylum because the war is illegal and immoral.

All of this recalls the Vietnam era when some 12,000 U.S. deserters and 20,000 draft dodgers took refuge in Canada. But there is a significant difference between then and now.

Back then, there was a draft; military service was mandatory, and those who didn't show up for induction were prosecuted. The U.S. military today is all-volunteer. They know going in that they might be called on to fight a war. Hinzman enlisted for the same reasons many do _ to gain a sense of purpose in life and to earn money for college. Another year and he would have been out, and the Army would have made good on its part of the bargain, his college money.

But midway through his tour, he suffered deep misgivings and unsuccessfully applied for conscientious-objector status. In January 2004, he packed up his wife and infant son and drove 17 hours to Canada.

Canada has been admirable and generous _ too generous, according to some Canadians _ in its treatment of refugees. But it would be exploitive of that honorable policy to grant asylum to those who haven't suffered persecution or abuse, but merely had second thoughts or belated misgivings about a contract they had lawfully entered into.

(Contact Dale McFeatters at McFeattersD(at)SHNS.com)


© Copyright 2006 by Capitol Hill Blue

Comments

What is wrong with your website? Paragraphs are truncated so that whole sentences are missing.

Posted by ksutton at February 9, 2006 11:26 AM

The Big Question is whether we are defending our country. We originally went to Iraq to destroy weapons of mass destruction and to take Sadam Hussein out of power. Then we became Crusaders so the mission changed. Yes our soldiers are volunters not drafted. They signed a contract. I don't believe they should be able to get out of there contract with out it costing them anything after the government and tax payers have spent extreme amounts of money to train them . If they are to be let out of there obligations then they should pay for the money that has been spent on them. The big question is how are they going to do that. The answer is I don't think they can afford to pay the money back. Once the government has made a commitment to the Iraqi people I don't see how the government can afford to let them out. This is a catch 22. Canada has no right to protect our fugitives from justice. If a crime is comitted in the USA then we have the right to bring that person who commits a crime to justice if the crime is committed in our jurisdiction. It should be the same if someone committed a crime under there jurisdiction.

Posted by Garry Tidwell at February 9, 2006 11:32 AM

"They know going in that they might be called on to fight a war. "

Yes, a war to PROTECT the US, it's people and it's shores.. Iraq was none of that, it was an invasion of a foreign country to topple their leadership.
I'm sure if they offered the airman a spot elsewhere in the world he would take it.

I haven't heard one military complain about legality or purpose of Afghanistan, only Iraq.

But there would then be a flood of military men/women that looking to follow and leave an embarrasing hole in the Irai ranks..wouldn't it?
Since when is jail time in a military prison the *cake-walk* you seem to be infering?

Posted by Dot at February 9, 2006 11:37 AM

The day soliders lose the ability to determine what is moral and ethical, our country is in serious trouble. Just because someone volunteers for something, doesn't mean what they have to continue to volunteer if it conflicts with their moral and ethical beliefs. Imagine a situation where the military was ordered to seize the Congress and Judiciary. Who is responcible then to question authority at that point? Every soldiers. If soldiers aren't allowed to question their leaders orders, or in this case be given conscientious objector status, we are one step closer to a military dictatorship lead by the exective branch - which already has the power to wage war, spy, and arrest anyone, without any oversight. That's been proven.

Posted by J. Allen at February 9, 2006 12:17 PM

We admire Canada and we do hope that Canada remains the decent country that it has all these years and that Canada doesn't succumb to the corruption and bad government that we now have in the US.

Posted by T L Man at February 9, 2006 12:40 PM

I feel any Military Personal that signed up before Bush siezed control, Should be allowed to leave any time they want! They signed up with the rightful expectation, That the Commander and Chief of the military, Would have SOME, just a glint, of Intelligent Brain function. But then if we had a President with a brain, We would not be in Iraq in the first place.

Posted by at February 9, 2006 12:54 PM

War is about Power, Greed, and Profit,(just ask the soldier who had to pay the military $632.00 dollers for damaged body armor when the poor guy got shot in Iraq.)all this talk about fighting for Democracy and Freedom is a load of rubbish.

The War is Over, HELLiburton won.

Posted by at February 9, 2006 01:15 PM

I am a Canadian and I welcome all those who reject Bush and his war. The war is ILLEGAL. Your American young people are being ordered to do something against the law! It is that simple. If they want to object and come here as a result, good on them. They are welcome. However, we just elected a minority conservative government led by a man who thinks George Bush is wonderful, so our policy may change. I hope it doesn't, but I do not trust our new PM one little bit, so if you are planning on coming here, do it now before our new leader gets a chance to change the laws.

Posted by Bill at February 9, 2006 02:05 PM

.What is wrong with your site. some sentences are missing and some words have symbols rather than letters......... I see that someone else has had that problem...............

Posted by mark white at February 9, 2006 07:38 PM

Whoa there!! and back up a bit,, even though Hinzman 'volunteered' it was still with the expectation that he would be involved in "defense of the nation". He became a member of the "Defense Department".

If, as he perceived, his nation was calling on him to perform an illegal "offense" on another nation, he's well within his rights to refuse to participate.

The United States had a great deal to do with the Nuremberg Trial, where it was established that the excuse of "I was just following orders" was insufficient to prove innocence. A soldier is expected to follow all "legal" orders of his superiors. (or as in the case of Bushcompoop, his inferiors.)

Posted by Doubtom at February 9, 2006 09:49 PM

I believe all our military should go to the airport an come home now the take over is done there only there till bush hillbillies get another take over in place our generaly are comitting treason should be put in camps too.If they done that it would back them up another decade or two We need to get out an not allow any one in our country for a few years till we get control we the people not our rotten government.

Posted by Daryl at February 10, 2006 10:12 PM

I've been to war and this Iraq bullshit is not war.....this is wrong.....I can't blame anyone who wants out.....I sure as shit wouldn't shed blood for this nonsense. Hope that kid and all the others who bail find their way. Also, all you dipshits that think Iraq is a great thing for our country...jump in and help em out...we'll need lots of help over there to get this sorted out........no?..........didn't think so.....right on Mr Patriot.

Posted by JackR at February 12, 2006 05:05 AM

Saw a bumper sticker the other day --

Draft Young Republicans!

Some of the rich Republicans might think differently if their kids were headed to Iraq with no body armor and defective equipment. This war is SO WRONG.

Posted by M.J. Cantwell at February 16, 2006 03:24 PM

I am a Canadian. I say get the hell out of our country. You enlisted in the army to serve at the command of the President not wars you chose. It might have been a bad chose but, you made it. So, stop burden the Canadians with you half ass commitment. To the person that brought up wwII "just following orders" excuss. Only people that were high ranking officers with a lot of influence. Could be charged none of these soldiers would meet these requirments.

Posted by Jennifer Spencer at February 21, 2006 10:49 AM

I am a Canadian, and you have no right to come into our country and ask for refugee status when you willingly volunteered for the military. Even if there was a draft, you still have a responsibility to your country. It doesn't really matter what you think about the war in Iraq, your elected president ordered you to do it. What did you think when you join the army? Your job is to kill people. And that was alright when they were paying for your university, but when you actually have to put your life on the line it all seems to change. I think you have disgraced youselves and if I personally did anything like deserting my country I don't think that I would ever be able to regain my honour. If you don't want to fight, fine, but stand up for your beliefs and pay the consquences!

Posted by Dana Cruickshank at February 23, 2006 11:10 PM

oqeo uzbpiouy

Posted by Vincent at March 3, 2006 03:36 AM

Bush was not elected by the People. The Supreme Court put Bush in the White House. The elections in 2000 were stolen in Florida and stolen again in Ohio during the 2004 elections.

By the way the job of the U.S. military is to protect this country against enemies both foreign and domestic. Iraq was not a threat to the U.S. and WMD was found.

BUSH LIED AND THOUSANDS DIED.

Posted by Npba900 at March 9, 2006 03:27 PM

People like Chossudovsky and others tell how Canada is becoming nearly as neo-con as the USA ... except for Univ Health Care. He doesn't just tell, he documents it.

It does not appear there is any safe country in which to hide from Global Intelligence and the International Finance Syndicates, no more Eden's except right here as we wake up and hold our ground.

Posted by leftwingnut at March 10, 2006 05:46 AM

Not all Canadians are the Mooreist pushovers we are thought to be. If we are truly not participating in the Iraq war we have no business getting involved by taking in deserters. If any leftist Americans think we are all living in a pacifist Shangri-la, you are basing your opinions on a stereotype. We took part in the Boer War (1899), WW1 in 1914 while you waited until 1917, and WW2 in 1939, while you waited until 1942. Sorry if my punctuation is flawed, and keep your Hippies at home America, we've suffered enough from the 60's.

P.S. don't forget Korea.

Posted by D. M. Anderson at March 12, 2006 07:54 AM

Post a comment

(Comments are moderated and will not be posted if they contain insults, flaming of other posters, profanity or libelous comments. Comments that are off topic will be deleted. Thanks for waiting.)


Top of Page

RECENT STORIES

Sign up for our Daily Newsletter mailing list!