FROM THE GLOBE AND MAIL
VANCOUVER - U.S. army deserter Robin Long is slated to be de****ted back to
his army base in Fort Knox, Ky., Tuesday, which would make him the first
resister to the U.S. war effort in Iraq to be sent out of Canada.
Madam Justice Anne Mactavish of the Federal Court of Canada cleared the
way
for the de****tation late Monday, dismissing a last-ditch attempt to delay
the process while the 25-year-old pursued further appeals.
"I was just shocked at some things in [the] ruling," Bob Ages, a spokesman
for an informal group called Vancouver War Resisters Sup****t Campaign,
told
re****ters outside the courtroom. "It just flies in the face of everything
that we and every Canadian know about the reality of what is going on."
Mr. Ages said the court misunderstood the situation facing Mr. Long upon
his
return.
"I do not think there is any doubt someone being up in Canada, and a
vocal
opponent to the war, will be treated harshly by the American military .
there is no question he will be court-martialed and will receive severe
punishment."
Mr. Long's de****tation would be a "terrible precedent for Canada,
especially
given our history of providing sanctuary for war resisters, over 100,000
draft dodgers and deserters during the Vietnam era," he said earlier to
re****ters.
"This will be the first time Canada played gendarme to the American
military," Mr. Ages said, appealing to Prime Minister Stephen Harper or
Immigration Minister Diane Finley to intervene. Members of the sup****t
group
were to meet at the Peace Arch border crossing this morning to protest the
de****tation.
The war resisters sup****t group is aware of about 50 deserters in Canada,
Mr. Ages said, although the group has been told that "hundreds" are living
underground in Canada.
Mr. Long, who fled to Ontario in 2005, had signed up to join the U.S. Army
in July, 2003. He believed at that time that his country was justified in
going to war in Iraq, his lawyer Shepherd Moss said at the court hearing
to
halt the de****tation. Mr. Long intended to train as a tank commander. "He
wanted to go to defend his country," Mr. Moss said.
His perspective changed while in training at the army base at Fort Knox.
After hearing that weapons of mass destruction had not been found in Iraq,
Mr. Long thought the U.S. had no reason for being at war. Also, he was
troubled by evidence of abuse of Iraqi detainees that came out in May of
2004, Mr. Moss said.
Mr. Long concluded the abuse was systemic and condoned by the U.S.
administration, Mr. Moss said. After some soul-searching, Mr. Long decided
he would not go to Iraq and would not participate or be complicit in what
he
believed were war crimes, the lawyer said.
Mr. Long fled to Ontario, but moved to B.C. last summer. He sought to be
accepted as a refugee in September, 2006. His application for refugee
status
was denied on Feb. 15, 2007. An application for leave to appeal the
decision
was turned down.
In a final attempt to stay in Canada, Mr. Long applied Monday for a stay
of
the removal order in order to allow him further judicial appeals.
Mr. Long was not in court for the hearing Monday. He was in custody at a
location outside Vancouver after failing on two previous occasions to
re****t
to authorities when he was required.
Caroline Christiaens, a lawyer with the federal Department of Justice,
told
the court that Mr. Long voluntarily joined the army, was not deployed to
Iraq and did not apply to be recognized as a conscientious objector while
in
the United States.
No evidence was submitted on what Mr. Long would be required to do in
Iraq,
whether he could have requested an alternative assignment or even what
would
happen if he was sent back to the United States, she said.
If Mr. Long was returned to the United States and prosecuted as a
deserter,
he would have access to due process in a military court, she added.
Judge Mactavish said Mr. Long had to provide "clear and non-speculative
evidence" that he would suffer irreparable harm if he were not allowed to
stay longer in Canada. Mr. Long asserted he would face significant jail
time
and suffer adverse consequences as a result of a dishonourable discharge
from the military.
The vast majority of American deserters have not been prosecuted for
desertion, according to evidence before the court, the judge stated in a
four-page decision. About 94 per cent of U.S. deserters from 2002 to 2006
were being dealt with administratively, receiving a less-than-honourable
discharge from the military.
Judge Mactavish also stated that Mr. Long did not provide evidence to show
he would be singled out for harsh treatment by the U.S. military because
of
the publicity associated with case.
Moreover, the United States has a sophisticated military-justice system
that
respects the rights of service personnel, she said.
The court heard that Mr. Long would likely be returned to his army unit,
which would mete out whatever punishment he would receive.
*******
Good.
Dionysus
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