War Resister, Rodney Watson, in sanctuary and his host, Rev. Ric Matthews speak from Vancouver, Canada.

-thanks again to Laura at We Move to Canada

Iraq War Resister, Rodney Watson, explains why he refused to be stop-lossed and returned to Iraq. He has taken sanctuary in a Vancouver church.

After his experience in Iraq, Rodney said he would never return to the war zone. When he rotated back to his base he experienced a situation similar to Victor Agosto and thousands of other soldiers. Rodney Watson was almost done with his military contract when he learned his outfit at Fort Hood was returning to Iraq and he would be stop-lossed.

Victor Agosto refused to go and was court-martialed.

Rodney Watson chose Canada. The Harper Regime, in opposition to the will of most Canadians and the Parliament, has refused to give him sanctuary in Canada. Now he is living in a church and being supported by the local community.

Laura, of We Move To Canada, writes in her blog today some suggestions for Canadians:

How you can help:

Write a letter in support of Rodney to your local paper. The Council of Canadians has a great tool to find addresses. Your best shot at getting a letter published is to keep it under 200 words. But even if your letter doesn't run, it helps other letters get published.

Donate if you can; no amount is too small (or too large!). Whether or not you can donate, circulate the link to support our fundraising campaign for legal defence of war resisters facing deportation. Donate here.

Contact your MP. Ask her or him to support Bill C-440, which will give the weight of law to two motions already passed in the House of Commons.

-We should write the papers in Canada and here in the states supporting Rodney Watson and other War Resisters.

-We should donate to the organizations that are helping our War Resisters at home and in other countries.

-We should call our senators, representatives, etc and demand an end to the wars and an end to the persecution of our prisoners of conscience.

-But for now we should take care of the families of the war resisters. Organize our neighborhoods, churches, social organizations, etc. to assist these families while their soldier leaves the country or goes to prison for refusing to fight in Iraq, Afghanistan, or Pakistan.

see more: click here

US releases a prisoner of war, Robin Long, War Resisters and Supporters celebrate

War Resister Robin Long

San Francisco supporters celebrate Robin Long's release from jail. Robin served the last year in a military jail for refusing to fight an illegal war in Iraq.

In this photo: Sarah Lazare, Carl Davison, Jane Song, Robin Long, Peter Schlange (photos), Eddie Falcon, Stephen Funk, Paul Cox, Nancy Lopez Mancias, Ethan Kreutzer, Lauren Szyper-Seibert,Buff Whitman-Bradley

Vietnam and Iraq era war resisters with Robin Long in San Francisco.

In this photo: Bob Meola, Mike Wong, Jeff Paterson, Robin Long, Carl Davison, Courage To Resist(photos), Stephen Funk, Matthew Edwards, Matthew Edwards

-photos from Courage to Resist

Support for GI resisters in Canada at SF Consulate

By Courage to Resist. Posted July 13, 2009

Courage to Resist and supporters delivered 6,000 signatures in support of Kimberly Rivera and all war resisters seeking refuge in Canada on July 8th. After a vigil in front of the Canadian Consulate in downtown San Francisco, the gathering made there way upstairs to make their case directly to a representative of the consulate. Watch Bill Carpenter's 6:30 min. video below.

The following day in Toronto, Canada, the federal judge in Kimberly Rivera's appeal to remain in Canada "reserved his decision." Following the hearing, Kimberly stated,

I shouldn't have to destroy my family for deciding not to destroy somebody else's family.

I want to stay in Canada, with my family, because the Iraq War is immoral, illegal and I couldn’t in good conscience go back. The amount of support I’m getting from Canadians is amazing. The parents of my kids’ friends, MPs and even strangers on the street keep telling me that they can’t believe the votes in Parliament aren’t being respected.

-Kimberly Rivera, Iraq War resister

Kimberly Rivera is the first outspoken female Iraq War resister to publicly and legally seek refuge in Canada. Kimberly, along with her partner Mario, son Christian (7 years old) and daughter Rebecca (4 years old), fled to Canada in January 2007 when Kimberly refused redeployment. In late November 2008 Kimberly gave birth to her Canadian daughter Katie (8 months old). She served in Iraq in 2006 and experienced, firsthand, the reality of this ongoing illegal war and occupation.

The conservative Harper government has been trying to deport Kimberly for months, defying Canada’s longstanding tradition of providing sanctuary to U.S. war resisters. On July 8th, Kimberly went to Canadian federal court, to appeal the decision in her Pre-Removal Risk Assessment. If her appeal fails, she will be asked to leave Canada, or be forcibly removed – and delivered into the custody and jurisdiction of the United States Army where Kimberly will face charges that could carry up to a four month sentence in the stockade. So far, three Iraq War resisters have been deported from Canada.

-thanks to Courage to Resist

Press Conference: Spc. Trevor Loope appears before sanity board at Ft. Drum 6-18-09

Citizen Soldier held a press conference June 18, 2009 in Watertown, NY just prior to Specialist Trevor Loope’s appearance before a sanity board at Fort Drum later that morning. Sp/4 Trevor Loope is facing a possible court-martial trial for going AWOL. After returning to base from a combat tour in Afghanistan, he was unable to obtain needed treatment for PTSD with severe depression. He left the base for his home city of Austin, Tx. Eventually he was seen by Dr. David Ogren, a clinical psychologist from Houston who diagnosed Trevor as hsuffering from PTSD and severe depression. At the time of the press conference, it was uncertain whether Dr. Ogren would be allowed to address the sanity board. Tod Ensign, a lawyer and director of Citizen Soldier, spoke and introduced Dr. Ogren and Eric Werthman, a psychiatric social worker in NYC. A reporter from WWNY TV, the Watertown CBS affiliate, posed questions.

-thanks to Tompkins County Against War & Occupation

Update on Trevor Loope -Report from Fort Drum on June 18th

Trevor Loope might be be facing a court-martial proceeding on July 1. Or maybe the proceeding will be delayed. Or maybe (we hope) the charges against him will be dropped and he will be a favorable, non-punitive administrative separation –in effect acknowledging his PTSD and severe depression, and the failure of the military to provide the treatment that he requested upon his return from his combat tour in Afghanistan.

We need to be prepared to travel to Watertown and pack the observation boxes in the court room if indeed the command does decide to try to make an example of him and proceed with a punitive court-martial. That could be as early as July 1st. Are you ready to drop what you are doing for the day and join us? If so, please use the contact form to let us know that you will be there for Trevor.

The video above was taken outside the PX facility at Ft. Drum on June 18 after Trevor appeared before a sanity board. Trevor Loope is joined by, Dr. Ogren, the psychologist in Houston who diagnosed Trevor while he was AWOL in Texas, and Tod Ensign, a lawyer who directs Citizen soldier. Additional video from the press conference earlier in the day will follow, along with a summary of Trevors case.

Specialist Trevor Loope, 23, of Austin TX, served 15 months in Afghan combat with the 3d Brigade of the 10th Mountain Division. Upon returning to Ft. Drum in 2007 he was unable to obtain adequate treatment for mental health issues. This caused him to leave the base in search of effective treatment.

Dr. David Ogren, a clinical psychologist from Houston, TX with fifteen years experience treating victims of mental trauma, spent hours examining and testing Specialist Trevor Loope. Dr. Ogren’s report concludes that Trevor suffers from a severe Post Traumatic Stress Disorder and a Major Depression, Severe. He also has a detailed treatment plan which was prepared by his therapist in Austin, TX.

On December 3, 2009, Specialist Trevor Loope addressed Ithaca's Common Council requesting the Common Council's active support upon his return to the base to potentially face criminal charges for being AWOL. As of late December, it looked promising that he would get an administrative discharge. Drum commanders, however, scheduled a sanity board to assess Loope's mental health status on Thursday, June 19th 10:00 am at Ft Drum's Mental Health facility. They also proffered criminal charges against Loope for AWOL with trial by a Special Court Martial set for July 1st, 2009.

Early in June, Dr. Ogren telephoned Ft Drum's mental health chief, Dr.Todd Benham offering to serve as an expert witness before the sanity board.. Ogren’s offer involved no expense to the military, since he is willing to pay his own travel expenses from Houston. On Monday, June 15th, Dr. Benham finally returned Ogren's call, asking him why he had phoned. When Ogren told him of his desire to testify at Loope's hearing, Benham remarked that that this was ridiculous and that since it was a closed hearing, he didn't think that Ogren would be allowed to testify. Dr. Ogren arrived at the base and waited in the lobby of the health center. He was invited to respond for ten minutes regarding any corrections or additions to the report he had written, a copy of which the board had already received. He was in conference much longer than ten minutes.

The video was taken outside the PX facility at Ft. Drum after the sanity board. Trevor Loope, Dr. Ogren, and Tod Ensign, a lawyer who directs Citizen soldier are interviewed. Citizen Soldier, a GI/veterans rights advocacy organization based in NYC, is supporting Trevor in his struggle to receive an administrative discharge from Ft. Drum. Tod Ensign, a lawyer and Director of Citizen Soldier and co-ordinator of the Different Drummer Cafe in Watertown, accompanied Trevor to Ithaca. He urged Council to extend broad support to war resisters like Trevor consistent with its “Community of Sanctuary” resolution, which was passed by Council on October 1, 2008.

-thanks to Tompkins Against War & Occupation and Cris McConkey for the video interview

Ithaca area activist calls on Ithaca Sanctuary Supporters to engage in the debate in Bellingham...

...not only out of solidarity, but also to hone our own arguments for what may lie ahead.

June 15th, 2009

The Bellingham Sanctuary Movement is facing a big challenge. In her op-ed, Sanctuary city Pro: Support for troops should mean all of them, published June 13 in the Bellingham Herald, Marie Marchand, executive director of the Whatcom Peace and Justice Center, writes:

Given Bellingham’s reputation, it is an especially stinging affront that four AWOL soldiers of conscience have been housed in our jail. Most of us in this city consider people like Robin Long and Cliff Cornell heroes for their refusal to bear arms and kill. … As it stands, law enforcement is under no obligation to report AWOL soldiers to the military. We are asking our city to abstain from doing the military’s job. These individuals have broken no law. Our local resources should not be spent on their apprehension and detention.

On October 9, 2006, Bellingham became the first city in the state of Washington to pass a Troops Home! Resolution. The issue now is a sanctuary resolution. “The ordinance is not about adjudication” states Marie Marchand in her op-ed. “The Sanctuary City Movement … is not asking police to break the law.” Tim Carpenter, a Whatcom County resident and Vietnam veteran who wrote the opposing view, Sanctuary city Con: Sanctuary idea would do more harm than good, has a different take on the question of law:

Federal law provides, under the category of Treason, Sedition and Subversive Activities, that it is a crime for any person to advise, counsel or urge insubordination, disloyalty, mutiny or refusal of service; to conspire to commit those acts; or to harbor any person who commits such an act. Does the city council’s involvement facilitate and abet treason?

He attempts to paint proponents of the sanctuary resolution as “emotional rather than rational” and finds that their arguments “rely on unsubstantiated statistics, or attempt to reach a logical conclusion built upon an inherently false premise”. He really doesn’t cite anything to support this, just innuendo.

On the issue of Free Speech (around which Ithaca’s Sanctuary Resolution turned) he writes that “This is not a ‘free speech’ issue. The right of free speech is not absolute. Speech that advocates the commission of a crime is not protected.”

The attendant legal questions appear to be the most productive ones to pursue, and it would be well worth the effort for sanctuary supporters in the Ithaca area to engage in the debate in Bellingham not only out of solidarity, but also to hone our own arguments for what may lie ahead. It is easy to imagine a similar scenario developing in Ithaca were war resisters jailed here, or were the city sanctuary resolution strengthened to explicitly instruct law enforcement not to arrest anyone on the basis of their military status when had not broken the law. (As an aside, I recall that Trevor Loope was arrested in St. Lawrence County on bogus charges of bounced checks, not for being AWOL). It would be really good to solicit wider legal opinion on this debate over what the law requires.

Wing-nuts seem to dominate the story chat on the Bellingham Herald (just like in Ithaca). It only takes a few minutes to register in order to comment. Please consider doing so.

You can follow posts on the website/blog of Veterans For Peace Corporal Jonathan Santos Memorial Chapter 111 in Bellingham. –Cris McConkey

-thanks to Cris McConkey at Tompkins County Against War & Occupation

If you are interested in discovering the essence of this "wing-nut" ranting you might try the Facebook page for the Bellingham GI Sanctuary City. Although it's frustrating attempting to discuss with rude individuals who make up things that you said (even though it's all in the record to check ), you will have an opportunity to see what you're up against. I tried to discuss the issue and learn about the the opposition's arguments, but it seems like a useless endeavor. They only continue to trash resisters and people who support them.

However, there is a whole community of resister supporters out there and if you can just hold your breath, by-pass the narrow-focussed, hostile individuals and share ideas with those who came to share, jump in.

Direct GI Resistance

"As I expected, not long after presenting this to my whole chain of command and refusing to go on not just one but several flights going to Iraq, I was fined, demoted, incarcerated and then discharged."

By Carl Davison. June 8, 2009

The logic of direct GI resistance is simple; To withhold your labor from something you think is morally wrong, simply saying, I have chosen not participate in something that is at odds with my values and I will tell the military this face to face with pride and dignity so others can learn from my example.

It is different than indirect GI resistance such as desertion in that the servicemember takes a direct stand and does not avoid confrontation with the institution which opposes his moral code but welcomes this confrontation as a means to fight silence among the ranks. Some resisters such as Steve Yoczik and myself had statements of our intentions to present to our chain of command.

My statement of intent

To: McKean, D. Scott, LTC, 1-66 AR, 1 BDE, 4ID
Feb, 25, 2008

I, SPC. Carl John Davison, HHC, 1-66 AR, 1 BDE, 4ID, under the burden of conscience and with strong resolve must inform you that when facing a dilemma between my sense of what is right and decent and the demands of my chosen profession, I have, after years of fighting myself over this issue, chosen the former, and in doing so choose to disassociate myself with modern warfare and any institution in support of it.

I understand that in a disciplined military force conduct such as this can not and will not be tolerated, because it is important to maintain order and discipline. I also understand that we in the U.S. military are in no position to question the validity of the orders we are given by congress or the executive office, and that we all swore oaths to obey all orders of the President of the United States and the orders of all officers appointed over us.

Under the principle of civil disobedience (which states that if a law or rule conflicts with a higher moral law it is morally acceptable to break it as long as you face the consequences of your actions out of respect to that higher law and out of respect to the offended parties, in this case the U.S. Army and U.S. Government), I uncontestedly accept any and all punishments given to me under the Uniform Code of Military Justice for refusing to deploy to Iraq, I will soon submit a request for a consciences objection discharge 1-0, under Army Regulation 600-43, and Department of Defense Directive 1300.6 which is a chapter 5 discharge.

I am applying the principle of civil disobedience to hopefully contrast myself with those who are not acting on principles and those who prefer to run to Canada, unlike them I prefer to stand my ground and face any consequences.

In my actions I mean no disrespect to the soldiers and marines who sacrifice everyday on the orders of those in Washington D.C., who (most of which) have never served or fought and yet they send others to do so.

My beliefs on the evils of governments and war are not new, I've held these views since I subscribed to the Tolstoyian Christian-Anarchist ideologies before I joined the military in January, 2001, but I have purposely suppressed my views that governments are inherently based on violence and that warfare in general is brutal, against the natural laws of God and humanity and it undermines human dignity and divinity and any search for a more peaceful alternative. I mainly suppressed my views for some in my family who would find them intolerable, but this I can no longer do.

I am by no means trying to insult anyone else's beliefs, which come from their own knowledge, experiences and dictates of conscience, I am only trying to declare my libertarian-pacifistic views and what I must do.

SPC. Carl John Davison

And just as I expected, not long after presenting this to my whole chain of command and refusing to go on not just one but several flights going to Iraq, I was fined, demoted, incarcerated and then discharged in September. I stood confident in the fact that I was not alone, thanks to groups like IVAW and Courage to Resist and the many other GIs before me starting with Stephen Funk and then Camilo Mejia (in this era) and currently Victor Agosto and Travis Bishop have taken the same stand and countless before us against the unjust war in Vietnam. We posed a simple question, 

“What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?” -Thomas Jefferson

-thanks to Courage to Resist

Lt. Ehren Watada Wins Victory; Legal Limbo Continues

(Photo: F.L. Morris / The Honolulu Star-Bulletin)

Thursday 14 May 2009
by: Sari Gelzer, t r u t h o u t | Report

The Justice Department has decided to drop its attempt to retry Lt. Ehren Watada for refusing to deploy to Iraq.

Editor's Note: 

Truthout reporter Sari Gelzer worked on Truthout's original reporting of the announcement by Lt. Ehren Watada that he would refuse deployment to Iraq. Gelzer was threatened by the US Army with a subpoena, which sought to compel her to testify about her coverage of Watada's announcement. Her video of the event became a key piece of evidence in the Army's case against Watada. Gelzer rebuffed the Army's request for testimony against Watada. - ma/TO

In a victory for Lt. Ehren Watada, the Justice Department decided last week that it would drop attempts to retry the officer for his refusal to deploy to Iraq.

Watada's lawyer, James Lobsenz, believes the decision was a case of legal realism. "They were going to have a really difficult time explaining why double jeopardy wasn't violated," said Lobsenz in reference to Watada's first court-martial, which ended in mistrial and would have violated his Fifth Amendment right to not be charged for the same crime twice.

Watada faces two remaining charges stemming from his public statements on the illegal and immoral nature of the Iraq war. The fate of Watada's continued legal limbo is currently in the hands of Fort Lewis officials who will decide how to proceed with the charges of conduct unbecoming an officer.

It has been almost three years since Watada became the first commissioned officer to publicly refuse to go to Iraq. His decision was not that of a conscientious objector opposed to war in general, but of an officer who felt that participating in the Iraq war was akin to committing a crime. After being denied a resignation from the US army, Watada refused to deploy to Iraq in June 2006 due to his belief that the war violated international and US constitutional laws.

"It is my conclusion as an officer of the Armed Forces that the war in Iraq is not only morally wrong but a horrible breach of American law ... As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order," Watada said in a public statement.

Jeff Paterson of Courage to Resist, an organization that supports military resisters, including Watada, believes that the officer's stance had a profound impact on military members and American citizens.

"Ehren Watada was instrumental in putting the issue of the legality of the Iraq war front and center for not only military resisters but for activists in general at a time when it wasn't as widely discussed as it is today," said Paterson.

Watada's lawyers attempted to raise the issue of the legality of the war in the initial court-martial, since it was Watada's basis for refusing to deploy. However, the military judge ruled against the defense attorney's attempts to bring in scholars as witnesses to testify to the illegality of the war.

Watada's former attorney, Eric Seitz, told Time magazine that he believed the main reason the mistrial occurred was because the military didn't want to discuss the reason behind Watada's decision not to deploy: "I think whenever a prosecutor tries to keep out the substance of why a person acted, when it relates directly to the charges that are there, it creates an untenable series of contradictions."

Lobsenz, Watada's current lawyer, says he is hopeful that "the Army will decide not to attempt to resuscitate the other two charges and go forward with them."

Lobsenz's hope is based on the belief that the charges aren't very strong.

"One because there is a strong argument that they are also barred by double jeopardy. And two, there is a strong argument that they are barred by a doctrine about breach of a plea agreement," said Lobsenz.

In addition, Lobsenz argued that Watada's First Amendment rights also give reason for the remaining charges against Watada to be dropped.

Watada's public stand against the US military has been the strongest of its kind to this date, commented Paterson.

"Until a whole unit refuses to fight, I don't think there is any individual case that's going to resonate like Ehren's," said Paterson.

Watada's lawyer said that he is focused on his client's future. Once these charges are dropped, Lobsenz said, Watada can "get around to figuring out a way in which he can end his military service and get on with life in the civilian sector."

-thanks to Truthout

Victor Agosto: There is no way I will deploy to Afghanistan. The occupation is immoral and unjust.

“It does not make the American people any safer. It has the opposite effect.”

Victor Agosto is a Fort Hood, Texas member of Iraq Veterans Against the War and a local activist in the peace movement, particularly for the Fort Hood Support Network at Under the Hood Cafe. A Specialist in C Co 57th BSB Victor has served close to four years in the Army which includes one deployment to Iraq. During his deployment to Iraq, Victor concluded he no longer agreed with the mission of the occupation.
Recently Victor discovered he had been stop-lossed and therefore issued orders to deploy to Afghanistan. He has notified his Company Commander of his refusal to deploy and has subsequently decided to resist all orders supporting the occupation of Afghanistan. Information regarding Victor’s situation will be posted as it becomes available.

This is Victor's counseling statement, in which he refuses to deploy:

-thanks to Austin IVAW

Army drops appeal in Watada case

Seattle Times Staff- May 6, 2009

The Army has decided not to proceed with its appeal of a federal judge's ruling that 1st Lt. Ehren Watada cannot face a second court-martial on three of five counts resulting from his high-profile 2006 refusal to deploy to Iraq with a Fort Lewis brigade, his attorneys said today.
Watada's first court-martial, in February 2007, ended with a mistrial.

U.S. District Judge Benjamin Settle in Tacoma ruled on double-jeopardy grounds in October that Watada could not be prosecuted by the Army on charges of missing his redeployment to Iraq, taking part in a news conference and participating in a Veterans for Peace national convention.

But Settle left open the possibility that the Army could retry Watada on two counts of conduct unbecoming an officer resulting from his media interviews.

It is unclear if the Army plans to pursue those charges.

-thanks to Seattle Times

War Resister Cliff Cornell to be courts martialed Tuesday

Cliff Cornell was denied sanctuary in Canada. He will face general courts martial Tuesday, April 28 at Ft. Stewart, Georgia

Donate to Cliff's legal defense [ here ]

56 people have given $2,270 as of April 22. Goal: $3,000

By Friends of Cliff Cornell. Updated April 22, 2009

The U.S. Army has charged Specialist Clifford Cornell, with desertion. Cornell, 28, surrendered himself to authorities at Fort Stewart, Georgia on February 17, after being denied refugee status in Canada. The Arkansas native left Fort Stewart four years ago, when his artillery unit was ordered to Iraq. According to family and friends, Cornell did not want to kill civilians, and said that Army trainers told him he must shoot any Iraqi who came near his vehicle.

Cornell’s attorney and supporters believe the Army’s charges are excessive. “Cliff Cornell is a conscientious objector who voluntarily turned himself in to Army authorities,” said attorney James Branum.. “The Army is engaging in overkill in order to make an example of my client.”
Fort Stewart spokesman Kevin Larson disputed Spc. Cornell's claims that he would have been expected to kill civilians. ''Indiscriminately shooting people is not what the Army does,” Larson told the New York Times. “That's not how we train and not how we fight.” The Army is leaning toward trying Cornell in a General Court Martial, which could sentence him to years in prison.

“This is outrageous,” said Jeff Paterson of Courage To Resist, a war resister support group that has established a legal defense fund for Cornell. “The U.S. war against the Iraqi people remains illegal today, just as when George Bush and Dick Cheney started it,” said Paterson. “President Obama should bring all our troops home now. And he should grant amnesty to Cliff Cornell and hundreds of GI’s who refused to take part in an occupation that has killed untold tens of thousands of men, women and children.”

U.S. war resisters in Canada were distressed to hear of the serious charges against Cornell, as were many Canadians who have been pressing their government to provide sanctuary to the war resisters. “Cliff Cornell is a very gentle man who made many friends in Canada,” said Michelle Robidoux of the War Resisters Support Campaign in Toronto. “Prime Minister Stephen Harper's government is absolutely wrong to claim that war resisters do not face persecution in the United States.”

A large majority of Canadians, 64% according to several polls, want to provide a safe haven for soldiers who refused to fight in the Iraq War, just as Canada itself refused to do. Most Members of Parliament also support the resisters. In June of last year, the House of Commons passed a motion calling on their government to provide sanctuary to “conscientious objectors who refuse to fight in wars not sanctioned by the United Nations.” But the minority Conservative government ignored the non-binding motion and began to deport war resisters.

War resister Robin Long was the first to be deported last July, and is now serving a 15-month prison sentence in the Miramar Naval Consolidated Brig near San Diego. Cliff Cornell was being threatened with deportation when he left Canada. Several other AWOL soldiers and their families are appealing their deportation orders in Canada’s Federal Courts.

"Cliff Cornell should not be the one who is going to jail,” said Gerry Condon of Veterans For Peace. “He had the guts to follow his conscience, and unlike President Bush, he obeyed international law."

An estimated 250 U.S. war resisters are now living in Canada, and AWOL GI’s continue to arrive there.

“You can still apply for refugee status and expect to remain legally in Canada for at least one year,” said Condon. “It may not be easy, but it beats going to war or going to jail.”

CONTACT: 

-James Branum, GI Right Lawyer, 866/933-2769, www.girightslawyer.com


-Jeff Paterson, Courage To Resist, 510/488-3559, www.couragetoresist.org


-Michelle Robidoux, War Resisters Support Campaign, 416-856-5008,        www.resisters.ca


-Gerry Condon, Veterans For Peace, 206-499-1220,  www.SoldierSayNo.blogspot.com

-thanks to Courage to Resist

Canadian federal Court hands down negative decision for War Resister, Jeremy Hinzman

I just got back from printing some 'adopt resistance' t-shirts for a meeting in Rochester tomorrow morning. I hopped on the internet to see what happened today. Not good. 

As the US is about to release more photos of our abuse of war prisoners around the world, we continue to imprison our own soldiers who spoke out against the war and occupation. 

Although there are some individual victories, our war resisters remain locked up in our prisons and other continue to face the same eventual fate. 

Jeremy Hinzman and his family lost an important appeal. Jeremy was the first Iraq War Resister to seek sanctuary in Canada and speak out publicly against the war.

This good man faces prison in the states and separation from his beautiful family.  Obama decides not to pursue war criminals and torturers while he locks up the people who refused to kill, torture and illegally occupy other lands. I can't grasp this. What can we do to help this family? We should be writing all the politicians, newspapers and bring it to the attention of the members of our churches and organizations while we figure out how we can fight this injustice. We need to act immediately. 

In the meantime here is a little bit of information about Jeremy Hinzman's situation. When I find more details, I'll post it. This is Laura's post at We Move To Canada:

We've just heard that the federal court has handed down a negative decision in Jeremy Hinzman's case. That is, the judge upheld the negative decision in the Hinzmans' Humanitarian & Compassionate application.

The bad news comes late on a Friday, as usual, locking us out of an immediate media response.

This is a real blow, even more so because the decision was rendered by the same judge who recently granted Kim Rivera leave to appeal, Justice James Russell.

At this time, we don't know what legal options remain for Jeremy and Nga. Our job is to get the word out and keep the pressure on.

Today, Jason Kenney was confronted by mothers and children at Sick Kids Hospital in Toronto. He was there for some government PR, but he got nailed about the case of a Korean woman who is facing deportation.

Minister agrees to review mother's deportation>

Mothers and children confront Jason Kenney at Sick Kids media conference

Immigration Minister Jason Kenney agreed today to review the deportation of a Korean woman after a dozen determined mothers and children confronted him in a hospital cafeteria.

"The mothers of the community are here to ask if the hearts of mothers can move the mind of a politician," said Marie Foley, holding her daughter Camille.

Camille is the best friend of Eugene, the 8-year-old Canadian born daughter of Kim Suk Yeung, who is scheduled to be deported to Korean Saturday night.

"This is really urgent," Foley told Kenney after an unrelated news conference at the Hospital for Sick Children. "There is a Canadian child in jail. We don't jail Canadian children."

Kim has been in the Immigration holding centre on Rexdale Blvd. since Feb. 18 after losing her refugee appeal. Eugene, a Grade 2 student at Dovercourt junior public school, joined her there Wednesday night.

When Kenney told the Davenport mothers he had no information on the case, they responded his office had received hundreds of letters and emails since March.

Tell it!

Let's tell it, too. Canadians are sick to death of this minority government forcing their will on the rest of us. We need action and we need it now! Parliament has now voted TWICE to let the war resisters stay in Canada and it's high time the government respected the will of Parliament. Is Canada a democracy or isn't it?

Speak out! Speak out loudly! Demand that Stephen Harper and Jason Kenney respect democracy!

There's a lot more you can do, if you are so inclined. There are several ways to get involved: contact me for details. But now, right now, call, write, email. Go to it!

Federal Court gives Kim Rivera and her family several more months in Canada and a new appeal possibility.

The recent federal court decision in Kim Rivera's case, granting the Riveras leave to appeal the negative decision in their Pre-Removal Risk Assessment, gives the family several more months in Canada, and a new legal avenue on which to fight.

It also demonstrates - yet again - that the IRB and the Ministry of Immigration are not properly considering all the evidence in the war resister cases. And how could they be expected to, when the head of that agency, Minister of Citizenship and Immigration Jason Kenney, has made his animosity towards these cases a matter of public record? Every refugee case is supposed to be decided on its own merits. But how can we expect impartiality, when the Minister of Immigration - the IRB's boss - has declared all the cases "bogus"?

We are still waiting for a decision in Jeremy Hinzman's case, the hearing I blogged about here, appealing the negative decision in the family's Humanitarian and Compassionate application. Patrick Hart and his family are still at imminent risk. Dean Walcott's deferral of removal will expire. And we have another important court case coming up in late May, for war resister Dale Landry.

I am increasingly hopeful about the federal court cases, but each one is time-consuming, nerve-wracking - and expensive. The government is hoping to wear us down by attrition. We won't give up - but there is a better way.

Here's the recent media release from the War Resisters Support Campaign.

On Tuesday afternoon the Federal Court of Canada granted Kimberly Rivera leave to appeal the decision in her Pre-Removal Risk Assessment (PRRA). The Federal Court will hear the appeal on July 8.

The War Resisters Support Campaign is renewing its call on the federal government to implement the motion that was passed by Parliament on June 3, 2008 and again on March 30, 2009.

"Regardless of Jason Kenney's personal animosity toward those who've refused to fight George W. Bush's war in Iraq, the majority of Canadians want these war resisters to stay in Canada," said Michelle Robidoux. "Parliament has voted twice to let them stay and if Stephen Harper were committed to fairness and justice like most Canadians, he'd implement the vote of Parliament today."

Kimberly Rivera is the first female Iraq War resister to seek refuge in Canada. Kimberly, along with her partner Mario, son Christian (7 years old) and daughter Rebecca (4 years old), fled to Canada in January 2007 when Kimberly refused redeployment. In late November 2008 Kimberly gave birth to her Canadian daughter Katie (5 months old). She served in Iraq in 2006 and experienced, firsthand, the reality of this illegal war.

"I want to stay in Canada, with my family, because the Iraq War is immoral, illegal and I couldn't in good conscience go back," said Kimberly Rivera. "The amount of support I'm getting from Canadians is amazing. The parents of my kids' friends, MPs and even strangers on the street keep telling me that they can't believe the votes in Parliament aren't being respected."

Last June, a public opinion poll conducted by Angus Reid Strategies found widespread approval for the House of Commons’ vote in support of war resisters. Sixty-four per cent of Canadians, and a majority of voters in every region of the country, agree that the federal government should immediately stop the deportation of Iraq War resisters and establish a program to facilitate their requests for permanent resident status.

-thanks to We Move To Canada 

Special thanks to War Resisters Support Campaign for all the work they have done for our resisters.

Canadian Federal Court Grants Kimberly Rivera Leave to Appeal PRRA Decision

The Federal Court has granted war resister Kimberly Rivera and her family leave to appeal the decision in her Pre-Removal Risk Assessment (PRRA). The Federal Court will hear the appeal on July 8.

This is very unexpected, and very welcome news!

We Move To Canada

War Resisters. Why Not Let Them Stay? Current Conservative Arguments Demolished

Laura has supported our War Resisters and written passionately about their struggle for years. An argument the conservatives have made in the past and continue to make is that the resisters volunteered and they need to fulfill their commitment. A newer argument is that Obama will save them. Here Laura destroys these false arguments. 

The Canadians are working hard for our resisters. We need to pick up the pace here in the states. We should be writing and helping our prisoners of conscience, locked up in our jails, stockades, and brigs right here in the states. We have to fight this on two fronts. One is to support our Resisters and their families who are standing up to the military. The other is to bring about an immediate end to the wars. If our soldiers weren't being forced to illegally kill people, destroy their communities and culture, and occupy their homelands we wouldn't need to help the courageous soldiers resist.

Share the soldiers' burden. 

The Conservatives' arguments against letting US war resisters stay in Canada are lame and getting lamer by the minute. Conveniently ignoring that Parliament has now voted twice to let them stay - conveniently ignoring a little thing called democracy - they are currently focusing on two things. 



One, I call "but they volunteered": Vietnam was different, those were conscripts, that's why Canada took them in, these people volunteered.



And two, Obama will save them. Bush is gone, Obama is going to end the war in Iraq, and under an Obama administration, the war resisters won't be punished harshly.



Shine a light on either of these excuses and they melt faster than snow in June. 



Let's look first at "but they volunteered".

Know your history. Not all the Americans who came to Canada during the Vietnam War were avoiding conscription. Many had volunteered for military service. When they saw what was really happening in Vietnam, they decided they could not participate. They deserted the military and came to Canada. And Canada allowed them to stay. 



Here's one man who is testament to these facts, and there are many others. 


More recently, many Americans joined the National Guard in order to help their country in times of national emergency – and were then deployed to Iraq. They never volunteered to fight in Iraq, but had no legal option to refuse deployment. That cannot be considered volunteering.


Many soldiers were promised that they would not see combat because they had families with young children. They were also deployed, and had no legal option to refuse.


Some soldiers volunteered after the September 11th terrorist attacks. After deployment to Iraq, they discovered they had been misled about the purpose of the war. They had no legal option to separate from the military.

Some soldiers served their entire tour of duty and were honourably discharged, then were involuntarily re-enlisted, a practice known as "stop-loss". That cannot be considered volunteering. 


Under international law, a soldier has not only a right to refuse to participate in human rights abuses and war crimes, but a duty. Many former US soldiers seeking refugee in Canada witnessed abuses against prisoners and civilians. It is their right and duty to refuse to participate, irrespective of how they joined military service.

Now that we've demolished that excuse, let's turn to excuse number two: Obama. 

No matter what Obama plans to do in the future, the war in Iraq is going on right now. Is a Commander In Chief of the US armed forces going to absolve deserters during an ongoing war? The idea is preposterous. Progressive people who imagine this are fantasizing. Conservatives who raise this issue are either lying or extremely ignorant. 


Changes in the civilian justice system do not effect the war resisters. If deported back to the US, war resisters will not stand trial in civilian court - they will be court martialed. That is, they will be tried and judged by their accusers, the military. As some southern USians say, it's all over but the shoutin'. During these court martial, the only thing in question is the sentencing: how long the jail time, and what kind of discharge.


Robin Long is now serving a 15-month sentence in a military brig. His original sentence was 30 months, but peace-activist lawyer James Branum managed to have it reduced. Daniel Sandate, who was AWOL in Canada and turned himself in, was sentenced to eight months. James Burmeister, who also turned himself in, was sentenced to 9 months. 



A US soldier who murdered four Iraqi civilians for no reason was sentenced to seven months.



Indeed, there is a large and growing body of evidence showing that AWOL soldiers who speak out against the war are being punished more harshly than the many soldiers who quietly desert and don't voice their political opinions or moral beliefs.



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Those are the only responses necessary to the "Obama will save them" non-argument. But if you are speaking to a Canadian who mistakenly views the Democrats as the party of peace, consider this: Obama has advanced a military budget that is $21 billion larger than the Bush military budget. Secretary of Defense Robert Gates - meet the new boss, same as the old boss - has called for eliminating certain expensive weapons systems, but the overall budget he's asking for and will receive is larger than his previous budget. 



Once upon a time, when the Soviet Union collapsed, we talked about a "peace dividend" - all the money that could now be diverted from the military into the general US budget. Then terrorism replaced communism as the excuse du jour. US military budgets don't get smaller. They only grow.



Bush's DoD budget was $513 billion budget. Obama's is $534 billion. On top of that, Obama will ask Congress for yet more funds - probably $75.5 billion more - to wage war against Iraq, Afghanistan and Pakistan. 



Is this a party of peace?


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Next time you hear Canada should deport war resisters because they volunteered, and can deport them because they won't be harshly punished anyway, you'll know what to say.

-thanks to We Move To Canada