On February 1, 2013, the Federal Court of Canada issued a decision in the case of another U.S. war resister, Jules Tindungan, finding that the U.S. court-martial system "fails to comply with basic fairness requirements found in Canadian and International Law." The Court also found that the Refugee Board failed to deal properly with evidence that soldiers who have spoken out publicly about their objections to U.S. military actions are subjected to particularly harsh punishments because of having voiced their political opinions. (http://www.marketwire.com/press-release/federal-court-rules-in-favour-of-us-war-resister-jules-tindungan-1752888.htm)
"The sentence Kim received today underlines the concerns we have been raising all along, and what the Federal Court now acknowledges, that soldiers who speak out against unjust wars face harsher punishment and have no recourse within the U.S. military justice system," said Robidoux.
"Prime Minister Stephen Harper and Minister of Citizenship and Immigration Jason Kenney were ardent supporters of the Iraq War, and they want U.S. Iraq War resisters to be punished. But Parliament has voted twice to stop these deportations, and the majority of Canadians believes Kim and the other resisters did the right thing. We will continue to fight to make sure this injustice does not happen to any other U.S. war resister who is seeking asylum in Canada."
Federal Court/Federal Court of Appeal decisions in favour of U.S. war resisters
Since 2008, there have been 11 Federal Court or Federal Court of Appeal decisions in favour of U.S. war resisters who are seeking permanent resident status in Canada:
1. Joshua Key - July 2008
2. James Corey Glass - July 2008
3. Jeremy Hinzman - September 2008
4. Matthew Lowell - September 2008
5. Dean Walcott - January 2009
6. Kimberly Rivera - March 2009
7. Kimberly Rivera - August 2009
8. Jeremy Hinzman - July 2010 (Federal Court of Appeal)
9. Dean Walcott - April 2011
10. Chris Vassey - July 2011
11. Jules Tindungan - February 2013
Key dates: U.S. war resisters in Canada
January 3, 2004: Jeremy Hinzman, the first U.S. Iraq War resister to come to Canada, arrived along with his wife Nga Nguyen and their first child Liam.
May 2004: War Resisters Support Campaign founded in Toronto to advocate for a provision to be made to allow U.S. war resisters to the Iraq War to stay in Canada.
June 3, 2008: The House of Commons passed a motion directing the Government of Canada to immediately stop deportation proceedings against all U.S. Iraq War resisters and facilitate the resisters' requests for permanent resident status.
June 27, 2008: An Angus Reid Strategies poll reveals that the majority (two-thirds) of Canadians agrees with the decision to let U.S. Iraq War resisters stay in Canada as permanent residents.
July 15, 2008: Robin Long becomes the first U.S. Iraq War resister to be deported by the Harper government.
October 2, 2008: Prime Minister Stephen Harper reversed his previous support for the U.S.-led invasion and occupation of Iraq stating during the English-language leaders' election debate:
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