[R-G] U.S. soldiers lose guaranteed haven in Canada
fentona at shaw.ca
Sun Jul 13 13:36:28 MDT 2008
U.S. soldiers lose guaranteed haven in Canada
By Ian Austen
Sunday, July 13, 2008
TORONTO: James Corey Glass, an apprentice mortician and U.S. Army
deserter, was keeping an unusually close eye on the text messages
coming into his cellphone. He was hoping to hear that a court had
blocked the Canadian government's attempt to send him back to the
On Wednesday afternoon, the message came: Glass, 25, could remain in
Canada while he appealed his removal order by the Canadian Immigration
Department. It was a welcome reprieve, he said, but well short of a
guarantee that he and other deserters could make Canada their new home.
The Canadian government's effort to remove Glass contrasts with the
warm reception given to deserters and draft avoiders from the United
States during the war in Vietnam. And although the war in Iraq has
very little support among Canadians, the situation of Glass and others
who abandoned their military positions provokes a wide range of
responses. For U.S. soldiers seeking an escape, Canada is no longer a
"It's quite clear that the current Canadian government does not want
to annoy the U.S. government on this issue and will not give any
ground," said Michael Byers, a professor of politics and international
law at the University of British Columbia.
During the Vietnam War, the Liberal prime minister, Pierre Elliott
Trudeau, welcomed American deserters and draft dodgers, declaring that
Canada "should be a refuge from militarism." Americans who arrived
were generally able to obtain legal immigrant status simply by
applying at the border, or even after they entered Canada.
But while the current Conservative government of Prime Minister
Stephen Harper has not backed the Iraq war, it has shown little
sympathy for American deserters. During a recent parliamentary debate,
Laurie Hawn, a Conservative from Alberta, asked, "Why do they not
fight it within their own legal system instead of being faux refugees
No American deserter of the Iraq war has been deported by the Canadian
government, but that is not for lack of effort. The immigration
authorities have ordered about nine deserters to leave Canada, leading
to public battles in the courts.
Changes to immigration laws have made it far more difficult for
deserters to remain in Canada. Deserters wanting at least temporary
legal status must be declared refugees. But refugees in Canada must
show that they have, as the government puts it, a "well-founded fear
of being persecuted" for religious, racial or political reasons.
Alternately, refugees may demonstrate that for them to be returned to
their home country would put their lives at risk, or would subject
them to torture or "cruel and unusual treatment or punishment."
As for Glass, he said he was between low-paying factory jobs in
Indiana when he joined the U.S. National Guard six years ago. But he
said he had one crucial question for the recruiters before he signed.
"They told me I'm not going to fight a war on foreign shores," Glass
Major Nathan Banks, a spokesman for the U.S. Army, said, "recruiters
would never have made a comment of that sort."
Not long after Glass joined, it became clear that he would not be
exempt from overseas duty, he said. But he stayed with the Guard and
was deployed to Iraq in 2005.
Six months into his 18-month tour, Glass, a sergeant, said he was sent
home on a temporary stress leave. Immediately after returning to the
United States, he went on the run, living in a tent in various states,
Like many of his counterparts in Canada, Glass eventually contacted
Lee Zaslofsky, who deserted the U.S. Army for Toronto in 1970 and is
now a national coordinator for the War Resisters Support Campaign,
which houses and advocates for deserters. As he says he does with all
callers, Zaslofsky, a naturalized Canadian citizen, told Glass that
while he would be beyond the reach of the United States military in
Canada, there were no guarantees he could stay in the country. Glass
A big difference between the current round of deserters and those
during the Vietnam War appears to be scale. No precise data exist, but
Victor Levant, who wrote "Quiet Complicity: Canadian Involvement in
the Vietnam War," estimated that about 20,000 Americans came to Canada
to escape the Vietnam-era draft and 12,000 others in the armed forces
deserted and entered Canada. Zaslofsky said he believed that no more
than 200 American deserters from the Iraq war were now in Canada.
While the government does not publish figures, it appears that only
about 50 deserters have made refugee applications, with the rest
living illegally in Canada.
Exactly what Glass and others face if they return to the United States
is unclear. Banks, the U.S. Army spokesman, said that Glass had been
given "an other-than-honorable discharge" from the California National
Guard but remained a member of the Army Reserve. He declined to say
what, if anything, would happen to Glass if he returned to the United
Glass, however, said he had been advised by a lawyer in the army's
legal unit, and by a U.S. military law specialist he had hired, that
the discharge did not mean that he would avoid desertion charges,
which could bring the equivalent of a felony conviction and a prison
sentence. "They said it doesn't change anything," Glass said,
referring to his lawyers.
His Canadian lawyer agreed. The deserters have support among
opposition members of Parliament, who have passed a motion asking the
Canadian government to give deserters and their families legal
immigrant status. The measure, however, is not binding, and the
Conservatives have ignored it.
Bob Rae, a Liberal member of Parliament, acknowledged that the
response of the Canadian public to the deserters' cause was muted
compared with its reaction during the Vietnam War, partly because the
current newcomers are volunteers, not conscripts. But, he argued, the
public favors giving U.S. deserters special consideration.
"As a country which concluded that the Iraq conflict was not justified
under international law, we have to take a position," Rae said.
Karen Shadd, a spokeswoman for the Canadian Immigration Department,
said that no special deals were planned.
"Creating a special and unique channel would undermine the fairness of
the system," she said.
The results under the current system have generally been discouraging
for people like Glass, including a refusal by the Supreme Court of
Canada to hear appeals from two deserters.
But deserters have won judgments as well. On July 4, a judge ordered a
refugee board to reconsider the application of Joshua Key, a U.S. Army
private who said he had witnessed many abuses by U.S. forces in Iraq.
As for Glass, he said he would return if ultimately ordered.
"I'm going to obey Canadian laws," Glass said. "I'm not going to break
any laws here."
But what he would do in the United States is unclear. "I don't know,"
he said. "I don't know what I'm going to do."
More information about the Rad-Green