Key and other war resisters were barred from ever presenting their actual cases to the IRB, as the Board ruled that the illegality of the invasion of Iraq was not relevant. Yet that illegality was the basis of Key's objection to service! Key's lawyer, Jeffry House, has always argued that the resisters were forced to face the IRB with one hand figuratively tied behind their backs.
Now Key has won an appeal!
I have a good idea what this means for all the resisters, but I will hold off until I get hard info from the Campaign. Stay tuned. You can also look for updates here.
House will be on CBC Newsworld at 4:00 Toronto time.
Update. From the CBC (wire service story - posted in several places online).
The Federal Court has ordered Canada's refugee board to take another look at an American deserter's failed refugee claim.
In a ruling issued Friday, the court found the board had made a mistake in turning down Joshua Key's bid for asylum.
The court found that someone who refuses to take part in military action which "systematically degrades, abuses or humiliates" combatants or non-combatants might qualify as a refugee.
The court also determined that the board should hear evidence on whether deserters like Key can rely on the American government to treat them fairly.
Key served as a combat engineer for eight months in 2003 in Iraq, where he says he was involved in, or witnessed, soldiers committing savage acts against civilians.
While on leave in November 2003, the deeply troubled father of four from Oklahoma decided he could not return to Iraq and fled to Canada.
Upperdate. From the Campaign website.
In an extremely important decision released on Friday, July 4th, the Federal Court has ruled that the Immigration and Refugee Board (IRB) made mistakes in turning down war resister Joshua Key's asylum claim and must relook at his case. The Federal Court decision disagreed with the IRB's view that Key had to have been forced to systematically commit war crimes in order to have a legitimate refugee claim.
Federal Court Justice Robert Barnes argued that "Officially condoned military misconduct falling well short of a war crime may support a claim to refugee protection."
In light of this new ruling, it is more critical than ever that the Minister of Immigration, Diane Finley, immediately cease any removal proceedings already underway against U.S. Iraq war resisters. Canadian people and the Canadian Parliament have come down solidly on the side of the war resisters and want them to be allowed to obtain permanent resident status in Canada. This decision reinforces the need for the Minister to act quickly and implement a provision to allow US war resisters to stay in Canada.
13 comments:
Congratulations, onwards and all the best, better late than ever! I will definitely stay tuned and check regularly for updates and I will be happy to see further progress and to post again!!!
The CBC story doesn't indicate which court, which judge. I am just wondering where the appeal might be to from this decision and whether it will be in a court that might affirm this decision.
Any idea where to find out where this was decided?
I don't know what judge. House (resisters' lawyer) is calling it the Federal Court.
The court ruled the IRB must re-hear the case, so if I understand correctly, it will now go back to the IRB, not to another court.
Or am I not understanding your question?
No idea where to find out more yet. Our leadership is still investigating what this means for everyone else, especially Corey, whose deportation is scheduled for six days from now.
I don't know whether the government can appeal this type of decision to the appellate courts before it is reheard at the agency level. I am not familiar with asylum decisions, but I can ask my son-in-law tonight,as he has been representing someone seeking asylum status. But maybe I am missing the whole point---as I now look more carefully, I think I misread this as a decision of a US court, but it must be a decision of a Canadian court. Sorry---just IGNORE everything I asked about!
Oh yes, this is all happening in Canada, not the US! The US doesn't want to do anything to these guys but court martial them and/or send them back to Iraq.
I was wondering how your son-in-law would know about the Canadian refugee system!
I was also wondering why you wanted to know who the judge was.
So anyway... I think the IRB now has to re-hear the case. Jeff says that will probably be in the fall. By which time we may have a new government, and they will implement the motion that the House of Commons passed on June 3.
However, what will happen to Corey and others in the meanwhile? I think, given this ruling, that any deportations have to be stayed. But will they be?
Yeah, definitely suffering from vacation brain. It made NO sense for that to be a decision of a US court.
Thank you for all the hard work you've done on this issue. Despite the minority Conservative government, I feel the Canadian people will do the right thing.
Thank you, Joe Mama. So do I.
I love the pic on your profile. Where was it taken? It looks like Brooklyn or Queens to me, but your profile says Texas.
L-girl, the photo is of the long gone Dubrow's Cafeteria in Brooklyn. I took the picture back in the '70s. The great granddaughter of the founder of Dubrow's has a blog about it .
I grew up in Brooklyn, but I'm also a Canadian Citizen by choice. We've been in Texas since 1981 because of my work, but hope to return home by next summer!
Yay, I knew it was Brooklyn! I mean, Kings Highway, where else could it be?? :)
But I also thought it could be Jackson Heights, on the 7 train.
Both my parents grew up in Brooklyn, and I lived there from 1983-1990.
Nice to meet another US-to-Canada ex-pat! When did you emigrate?
Joe Mama, thanks for the link to that beautiful blog.
Here's a NYC blog I want to highlight one of these days.
A Donut watch! How about a bagel watch for your area? Although just about any Tim Hortons has good bagels.
My mother was from Montreal. I emigrated to Canada as a YOOT where I went to Grade 12. Then back to Murka at 31 for my job. It was supposed to last only for a couple of years, but here we are 27 years later.
Although just about any Tim Hortons has good bagels.
Really? Allan says so, too, but I can't bring myself to try them. I'm a total NY bagel snob.
It was supposed to last only for a couple of years, but here we are 27 years later.
You gotta work on that!
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