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U.S. IRAQ WAR RESISTERS in CANADA Backgrounder
U.S. IRAQ WAR RESISTERS IN CANADA Backgrounder June 2015 War Resisters Support Campaign Campagne d’appui aux résistants à la guerre Table of Contents U.S. War Resisters in Canada – Fact Sheet ....................................................................................... 1 Public Opinion ............................................................................................................................................. 7 Parliamentary Action ................................................................................................................................ 10 Operational Bulletin 202 and Response ........................................................................................... 17 Recent Court Decision .............................................................................................................................. 20 Proposed Provision for U.S. War Resisters ..................................................................................... 22 IRAQ WAR RESISTERS IN CANADA Backgrounder U.S. War Resisters in Canada – Fact Sheet Since 2004, dozens of members of the U.S. military have sought refuge in Canada after deciding that they could not, in good conscience, continue to participate in the invasion and occupation of Iraq. In 2003, U.S. President George Bush authorized Operation Iraqi Freedom invading Iraq with other members of the Coalition citing the existence of weapons of mass destruction. Prime Minister Jean Chrétien declared that Canada would not participate in the invasion of Iraq, -
CONSENT CALENDAR December 15, 2009 To: Honorable Mayor and Members of the City Council From: Peace and Justice Commission Submit
Peace and Justice Commission CONSENT CALENDAR December 15, 2009 To: Honorable Mayor and Members of the City Council From: Peace and Justice Commission Submitted by: Eric Brenman, Secretary, Peace and Justice Commission Subject: Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans RECOMMENDATION At its meeting on November 2, 2009, the Peace and Justice Commission unanimously approved the following recommendation: Adopt a Resolution requiring the City of Berkeley to call for and support universal and unconditional amnesty for Iraq, Afghanistan and Pakistan war military resisters and veterans. M/S/C: (Meola, B./Lippman, G.) Ayes: Bohn, D.; Brody, D.; Kenin, W.; Lippman, G.; Litman, J.; Maran, R.; Marley, J.; Meola, B.; Nicely, M.; Sherman, M.; Sorgen, P. Noes: None. Abstain: None. Absent: Wornick, J. (excused) FISCAL IMPACTS OF RECOMMENDATION None. CURRENT SITUATION AND ITS EFFECTS Although accurate figures for the number of military personnel who have been classified as Absent Without Leave (“AWOL”), Unauthorized Absence (“UA”), or deserters since 9/11 are not available, the estimates range in the tens of thousands. While it would take a Freedom of Information Act Request to obtain AWOL statistics from the Pentagon, Universal and Unconditional Amnesty for Iraq, CONSENT CALENDAR Afghanistan and Pakistan War Military Resisters and Veterans December 15, 2009 counselors who speak with AWOL military personnel estimate that the percentage of AWOL personnel has more than doubled, from approximately .85% before 9/11 to 1.7 to 1.9% of the current 2.3 million military personnel (or forty-some thousand AWOLS). Due to an increase in the overall numbers of persons in the military, the number of AWOL persons has greatly increased in recent years. -
CONSENT CALENDAR January 19, 2010 To: Honorable Mayor And
Peace and Justice Commission CONSENT CALENDAR January 19, 2010 To: Honorable Mayor and Members of the City Council From: Peace and Justice Commission Submitted by: Eric Brenman, Secretary, Peace and Justice Commission Subject: Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans RECOMMENDATION At its meeting on November 2, 2009, the Peace and Justice Commission unanimously approved the following recommendation: Adopt a Resolution requiring the City of Berkeley to call for and support universal and unconditional amnesty for Iraq, Afghanistan and Pakistan war military resisters and veterans. M/S/C: (Meola, B./Lippman, G.) Ayes: Bohn, D.; Brody, D.; Kenin, W.; Lippman, G.; Litman, J.; Maran, R.; Marley, J.; Meola, B.; Nicely, M.; Sherman, M.; Sorgen, P. Noes: None. Abstain: None. Absent: Wornick, J. (excused) FISCAL IMPACTS OF RECOMMENDATION None. CURRENT SITUATION AND ITS EFFECTS Although accurate figures for the number of military personnel who have been classified as Absent Without Leave (“AWOL”), Unauthorized Absence (“UA”), or deserters since 9/11 are not available, the estimates range in the tens of thousands. While it would take a Freedom of Information Act Request to obtain AWOL statistics from the Pentagon, Universal and Unconditional Amnesty for Iraq, CONSENT CALENDAR Afghanistan and Pakistan War Military Resisters and Veterans December 15, 2009 counselors who speak with AWOL military personnel estimate that the percentage of AWOL personnel has more than doubled, from approximately .85% before 9/11 to 1.7 to 1.9% of the current 2.3 million military personnel (or forty-some thousand AWOLS). Due to an increase in the overall numbers of persons in the military, the number of AWOL persons has greatly increased in recent years. -
Iraq War Resister Kimberly Rivera Wins in Federal Court First Female Iraq War Resister to Seek Refuge in Canada Gets Another Temporary Stay
WAR RESISTERS SUPPORT CAMPAIGN www.resisters.ca 416-598-1222 MEDIA RELEASE For Immediate Release Wednesday, August 12, 2009 Iraq War resister Kimberly Rivera wins in Federal Court First female Iraq War resister to seek refuge in Canada gets another temporary stay TORONTO—On Tuesday, the Federal Court of Canada granted Kimberly Rivera a new Pre-Removal Risk Assessment (PRRA). The judicial review hearing took place on July 8 before Federal Court Judge The Honourable James Russell. Justice Russell found that the PRRA Officer did not deal properly with the risk that Kim Rivera would face differential prosecution on the basis of her opposition to the Iraq War. There was evidence before the Officer indicating that individuals who are on record as critics of the Iraq War are targeted for prosecution and more severe punishment as opposed to being granted an administrative discharge from the military. As a result of the ruling Rivera is entitled to a new decision in her PRRA, a process that may take up to four months. Rivera, her lawyer Alyssa Manning, and a representative of the War Resisters Support Campaign will be available tomorrow morning to discuss the implications of this ruling. EVENT: Media availability re: the decision in Kimberly Rivera’s judicial review DATE: Wednesday, August 12, 2009 TIME: 10:00 a.m. EDT LOCATION: Steelworkers’ Hall, 25 Cecil Street, Main Floor, Members’ Lounge, Toronto, ON (south of College Street, west of Beverley Street) Rivera was granted an eleventh-hour stay of removal in March following public outcry over the threat of her deportation. -
Federal Court Rules in Favour of Iraq War Resister Dean Walcott Canadians Renew Call for Iraq War Resisters to Stay
War Resisters Support Campaign For Immediate Release April 7, 2011 Federal Court rules in favour of Iraq War resister Dean Walcott Canadians renew call for Iraq War resisters to stay TORONTO—On Tuesday, the Federal Court of Canada released a decision reaffirming there is evidence that U.S. Iraq War resisters are targeted for punishment because of their political beliefs if returned to the United States. The judgment <http://www3.sympatico.ca/ken.marciniec/20110405-FederalCourt- WalcottVMinCitizneshipImmigration_IMM-5527-08.pdf> in the judicial review of Iraq War resister and veteran Dean Walcott’s case also confirms that immigration officers must consider the war resisters’ sincerely held moral, political and religious beliefs. This is the ninth Federal Court or Federal Court of Appeal decision in favour of Iraq War resisters since 2008 and the seventh Federal Court decision to recognize that there is evidence that these war resisters are targeted for more severe punishment because they have expressed their objections to the Iraq War. In his decision, The Honourable Yves de Montigny concurred with the Federal Court of Appeal’s unanimous July 2010 decision that Iraq War resisters’ sincerely held beliefs must be assessed and cannot be ignored by immigration decision-makers. Justice de Montigny was critical of the immigration officer’s cookie-cutter reasons for denying Walcott’s Pre-Removal Risk Assessment (PRRA) application, calling them “disturbingly similar” to those that were provided in the case of the first female Iraq War resister, Kimberly Rivera. Each case is supposed to be decided on its own merits. The decision means that Walcott, a former U.S. -
DISCUSSION GUIDE 2016 Lake Champlain International Film Festival OFFICIAL SELECTION
DISCUSSION GUIDE 2016 Lake Champlain International Film Festival OFFICIAL SELECTION PEACE HAS NO BORDERS 64 min. documentary 52 min. version available www.peacehasnoborders.com North American Distribution International Sales and International Sales Liza Watt Avi Federgreen Tiller and Tide Media Indiecan Entertainment Inc. [email protected] [email protected] +61 (0) 415 098 024 416-898-3456 www.tillerandtidemedia.com www.indiecanent.com Discussion Guide This guide has been designed to help teachers, students and community screeners enrich their experience of Peace Has No Borders by providing support in the form of questions and activities. There are a range of questions to help teachers frame discussions with their class, activities for before, during and after viewing the film, and some web links that provide starting points for further research or discussion. The Film: Between 1965-1973, over 50,000 Americans made their way to Canada, refusing to participate in the Vietnam War. More than forty years later, Canada has another moral choice – whether to give refuge to U.S. veterans of the Iraq War who crossed the border instead of serving another tour. Caught between two countries, today’s resisters have support of the public, but still fight for the political will to allow them to remain in Canada. Peace Has No Borders tells a complex story that weaves the resisters’ per- sonal struggles against the backdrop of the political power of the Canadian government and demon- strates how one decision of conscience can affect the rest of your life. The Directors: Deb Ellis and Denis Mueller make films that focus on social justice and activism. -
Federal Court Cour Fédérale
Federal Court Cour fédérale Date: 20090810 Docket: IMM-215-09 Citation: 2009 FC 814 Ottawa, Ontario, August 10, 2009 PRESENT: The Honourable Mr. Justice Russell BETWEEN: KIMBERLY ELAINE RIVERA MARIO RIVERA CHRISTIAN ALEXANDER RIVERA REBECCA ANGELINA RIVERA Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This is an application pursuant to subsection 72 (1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (Act) for judicial review of a decision of a Pre-Removal Risk Assessment (PRRA) officer (Officer), dated December 8, 2008 (Decision) refusing the Applicants’ PRRA application. Page: 2 BACKGROUND [2] The Applicants are all citizens of the United States (U.S.). [3] The Principal Applicant (Kimberly Rivera) graduated high school in 2001 and joined the U.S. Army Reserve in order to obtain funding for college. She was discharged from the Army Reserve in November 2001 after learning she was pregnant with her first child (Christian). By 2006, the Principal Applicant was married and had two children. She was working at Wal-Mart, but she and her husband (Mario) could not earn enough money to live and were forced to reside with her parents. After tensions developed with her parents, she decided to join the U.S. Army. She reported for duty with the Regular Army on March 1, 2006. [4] After receiving Advanced Training at Aberdeen Proving Ground in Maryland, Kimberly qualified as a truck driver and arrived in Baghdad, Iraq on October 27, 2006. Shortly thereafter, she was harassed by her platoon sergeant after she had a fight with her husband on the telephone. -
Federal Court Rules in Favour of U.S. War Resister Jules Tindungan Refugee Protection Division Ignored Evidence That U.S
Federal Court rules in favour of U.S. war resister Jules Tindungan Refugee Protection Division ignored evidence that U.S. military justice system fails to meet basic fairness standards For Immediate Release February 4, 2013 TORONTO—On Friday February 1st, the Federal Court of Canada released a decision granting U.S. war resister Jules Tindungan a new hearing before the Immigration and Refugee Board (IRB). The Court found errors in the original IRB decision pertaining to issues which are at the heart of asylum claims by U.S. soldiers in Canada. Mr. Tindungan is one of dozens of former U.S. soldiers who have sought asylum in Canada because of their objection to the wars in Iraq and Afghanistan. Tindungan refused to return to combat for the United States military in 2008 after serving a 15 month combat tour and seeing first-hand the breaches of the Geneva Conventions committed by U.S. forces. Mr. Tindungan argued before the Refugee Board that he faces differential punishment in the U.S. because he has spoken out publicly against U.S. military actions in Iraq and Afghanistan. He also argued that he would not get a fair trial if returned because the U.S. court-martial system is not an independent and impartial tribunal as required under Canadian and International law. After reviewing Tindungan’s case, the Federal Court found that Tindungan “submitted voluminous documentary evidence from credible, third-party sources … that suggest that the U.S. has not complied with its international obligations”. However, the Refugee Board improperly ignored this evidence. -
Onwatch Xx-4, Summer 2009
The Newsletter of the Military Law Task Force of On Watch the National Lawyers Guild Volume XX, Number 4 Summer 2009 INSIDE Administrative Separation / Discharge Board Tactics U.S. War resisters BY B RIDGET W ILSON in Canada Third of Four Parts Page 2 Military administrative/separation re- view boards (“ADB”) are often a bit of This is the third part of a series on involuntary dis- Book Review: The a free-for-all, with the recorder charge proceedings. Part one, in the September/ War Comes Home throwing mud at your client, and you October 2007 issue of On Watch , discussed slinging back mud to discredit wit- “notification procedure” discharges, examining the Page 3 nesses and challenge dubious criteria and procedures for personality disorder “evidence.” They are also a place in discharge and other administrative discharges that NLG Convention which you can make a record. Know could result in no less than a characterization of MLTF CLE, Workshop the regulations, know the facts and honorable, general or entry level. The second article, Pages 4-5 you will get a better result for your in the January/February 2008 issue, reviewed the client. range of “administrative discharge board proce- Remembering dure” discharges, most of which could lead to other Doris Walker You must be aware of the service than honorable (OTH) characterization. Part two regulations and the service “culture” also gave an overview of procedural rights in these Page 9 when appearing before ADB. The discharges, and a discussion of evidence in non- services’ regulations are similar but adversarial proceedings, where the rules of evidence COMING NEXT ISSUE may vary in important details. -
Pregnant Conscientious Objector Sentenced to Prison by William Boardman, Reader Supported News 02 May 13 Criminalizing Resistance to War Crimes
OMNI CONSCIENTIOUS OBJECTOR NEWSLETTER #4, INTERNATIONAL CONSCIENTIOUS OBJECTORS’ DAY May 15, 2013, Compiled by Dick Bennett for a Culture of Peace. (#1 May 15, 2010. #2 May 15, 2011; #3 May 15, 2012). See related newsletters at http://www.omnicenter.org/newsletter-archive/ and related posts at Dick’s Blog, It’s the War Department, http://jamesrichardbennett.blogspot.com/ . OMNI NATIONAL/INTERNATIONAL DAYS PROJECT Contents of #1 May 15, 2010 History of International Conscientious Objectors’ DAY Nuremberg Principles and CO: Lynd Josh Stieber, CO and Whistleblower in Iraq Books and Film Contents of #2 May 15, 2011 Film: The Conscientious Objector Contents of #3 May 15, 2012 G.I. Rights Conference in Fayetteville Conscientious Objection Selective Conscientious Objection Eyal Press, Beautiful Souls Contents #4 May 15, 2013 Dick: US Fear of COs Boardman: CO Private First Class Kimberly Rivera, in Prison War Resisters International: Women Conscientious Objectors Mehi-Laituri, Christian Iraqi Veteran CO Google Search Page One FEAR OF CONSCIENTIOUS OBJECTORS by Dick Bennett Our stupid and brutal leaders (spending thirty million dollars an hour to kill tens of thousands of civilians and thousands of our own troops in Iraq and Afghanistan) fear the handful of conscientious objectors. Why is that? The US is a superpower, a label for superfluous, egregious, out-of-control power. We have a dozen carrier battle groups when no other country has even one.. The leaders (the rulers!) could decrease military spending by tens of billions and still spend more than the next ten largest military powers combined. And yet they fear those few who will not kill.