Recently, the Immigration and Refugee Board of Canada turned down the application of
Jeremy Hinzman for refugee status. Jeremy Hinzman is an American soldier who went AWOL from his unit in Iraq and came here to Canada with his family. His claim was that if he were to be sent home, he would be court martialed and possibly be incarcerated.
In the morning local paper that I read on the bus on the way to work, an immigration lawyer, Guidy Mamann,
weighed in on the issue.
What remains unanswered is, from a Canadian public policy point of view, what a foreign soldier is expected to do when faced with having to fight a war he believes to be illegal and which offends his conscience.
Actually, nothing at all remains unanswered. The simple question which the Immigration Board had to answer was, is this person a refugee or not? As is clear as day to anyone with a minimum of common sense, the answer is no. As Mr. Mamman mentions, the Immigration Board took 69 pages to explain why. That being the case, if he is not a refugee, then, legally speaking, he must apply like any other immigrant. Mr. Mamman, being an immigration lawyer, knows this very well. So, what is a soldier expected to do in such a situation? That's not Canada's problem to solve!
Besides, I find people like Jeremy Hinzman insulting. They are insulting to me as a Canadian since it makes a mockery of my country's laws by turning it into a political issue. The US is a free country with just laws and a decent justice system, their army included. If someone freely volunteers for the army they should expect that they may be sent to war. And if they do not like that war and go AWOL, then it is their responsibility to face those consequences and stop insulting our collective intelligence by claiming refugee status.
It is clear to me that our leaders do not want to anger our friends to the south who, after all, pick up a big part of the cost of defending our shared continent. Accordingly, they refuse to make and pronounce public policy that defines who we are as a people.
So, that is it, huh? If our political heads do not welcome this person (either by considering him a "refugee" or making up some other provision that will allow him to stay) then we are not defining ourselves as Canadian? Does that make sense?
But this is all moot, and Mr. Mamman knows it. If Jeremy Hiznman is not a refugee (which he isn't) then he cannot take refuge here. Period. Political statements will serve no purpose other than to show how anti American those officials are.
Instead, they let a refugee hearing become the arena for public debate of a major social issue. In one corner is a bewildered 25-year-old young man and his counsel. On the other is the minister's counsel, armed with a preliminary ruling that Hinzman is not allowed to challenge the legality of the war. Deciding the issue for the rest of us is a relatively unknown and faceless bureaucrat.
They let it become an arena for a political (no, its not a social) issue? Um, what do you think Mr. Hinzman and his lawyer were doing? Just trying to claim refugee status? No, it was that plus a definite political statement to protest against the war in Iraq. The official website that supports Mr. Hinzman makes this quite clear.
Also, his lawyer was not allowed to challenge the legality of the war for two very good reasons. For starters, it is irrelevant. What is relevant is if he is considered a refugee. If he faces persecution or bodily harm if he is sent home, then he should be considered a refugee. Since the US is a free democratic country where one can expect justice, the army included, then he should not be considered a refugee. Whether the war was legal or not is immaterial to that fact. The second reason is that the Immigration Board has no authority nor ability to judge what wars are considered legal or not. The US government is not on trial here.