[R-G] Top court refuses to hear cases of U.S. deserters

[Anthony Fenton]

http://snipr.com/1tp6t

Top court refuses to hear cases of U.S. deserters
15/11/2007 10:23:26 AM

Canada's top court will not hear the appeals of two American army  
deserters whose requests for refugee status were denied.

The Supreme Court of Canada refused Thursday to hear the cases of  
Jeremy Hinzman and Brandon Hughey, who each deserted to Canada in  
2004 after learning they were to be deployed to Iraq.

The high court, as usual, gave no reasons for its refusal.

The men both applied for refugee status in 2004.

The Immigration and Refugee Board rejected their claims in 2005. The  
Federal Court and the Federal Court of Appeal have also refused to  
review the cases.

Hinzman is believed to be the first American soldier to have fled to  
Canada because of the Iraq war, but dozens more may be in the country.

He enlisted in the U.S. army as a paratrooper with the 82nd Airborne  
Division and deserted in 2004 to avoid going to Iraq. He fled to  
Canada with his wife and preschool-age son.

Now living in Toronto and working as a bike courier, Hinzman faces a  
court martial and a possible five-year prison sentence if he returns  
to the U.S.

In response to the ruling, the War Resisters Support Campaign said  
the federal government should act to allow deserters to take refuge  
in Canada. The coaliton of community, faith, labour and other  
organizations is planning to hold a demonstration in Toronto on  
Thursday night.

"We call on Parliament to take a stand by enacting a provision that  
would allow U.S. war resisters and their families to stay in Canada,"  
said actor and activist Shirley Douglas.

"The Supreme Court has handed the issue back to Parliament. It is  
urgent that Parliament demonstrate leadership and act in accordance  
with Canadian tradition."

Denied political asylum

A release issued by the group on Thursday said a June 2007 poll by  
Strategic Communications showed 64.6 per cent of respondents in  
Ontario believe U.S. war deserters should be allowed to settle in  
Canada. The poll had an error margin of four per cent, 19 times out  
of 20.

During his three-day hearing before the immigration board, Hinzman  
said he sought refugee status because he opposed the war in Iraq on  
moral grounds and thought the U.S. invasion violated international  
human rights standards.

An immigration panel in March 2005 denied Hinzman political asylum,  
saying he failed to convince them he would be persecuted if he  
returned to the U.S. The board also denied asylum to Hinzman's wife  
and son.

The Immigration and Refugee Board members said the U.S. is a  
democratic country and would provide Hinzman with a fair trial.