American army deserter Joshua Key is shown outside court in Toronto in
April. The Federal Court has ordered Canada's refugee board to take
another look at an American deserter's failed refugee claim.
(Colin Perkel/The Canadian Press)
However, the ruling didn't address another legal hurdle faced by
American deserters: proving that they'll face undue hardship if sent
back to the United States.
Instead, Judge Barnes ordered the IRB to re-examine the
application of Joshua Key, a former private who deserted in 2003
while on a two-week leave from his unit in Iraq.
“Mr. Key did not have the opportunity to present a meaningful
case on that issue [of military punishment],” Judge Barnes wrote.
The ruling is one of the first in favour of U.S. soldiers who
fled to Canada, following the failure last year of deserters Jeremy
Hinzman and Brandon Hughey to persuade Canadian courts that they
would be unfairly treated if they are court-martialed in the United
“While the Hinzman decision has certainly set the bar very high
for deserters from the United States military,” Judge Barnes wrote,
it would still be possible for a deserter to prove he had tried all
avenues to evade overseas duty or unfair punishment in the United
Having deserted while he was on furlough, “Private Key would have
been deployed back to Iraq within two weeks of his arrival in the
United States, the opportunity to pursue a release or re-assignment
may not have been realistic,” Judge Barnes wrote.
Mr. Key had told the IRB that while in Iraq with a unit of combat
engineers, he took part in at least 70 raids on civilian homes. The
IRB found that the actions Mr. Key witnessed had “a disturbing level
of brutality” but weren't war crimes involving deportation, slave
labour or civilian hostage-taking, or crimes against humanity, with
systematic use of torture and murder against civilians.
“In my view, the Board erred in … concluding that refugee
protection for military deserters and evaders is only available
where the conduct objected to amounts to a war crime, a crime
against peace or a crime against humanity,” Judge Barnes wrote in
Mr. Key, who is living in Saskatchewan with his wife and their
four children, was happy with the decision. “He thought it was a
good Fourth of July present to him,” said his lawyer, Jeffry House.
Mr. House said Friday's ruling would apply to deserters who had
already seen service in Iraq, not those who deserted before they
were shipped overseas.
Commentary in the Globe and Mail
Ottawa Mens Centre.com, from Ottawa, Canada wrote:
Justice Barnes knows the IRB makes Political Decisions, not legal
decisions. The IRB places a "reverse onus" on anyone making any
claim, that is, it asks US draft dodgers to prove that they will
suffer harm in the US. Its like Sharia law asking a Muslim woman to
come up with four witnesses to support an allegation of rape.
Justice Barnes is now asking the IRB to reexamine the matter in
light of his statements.
Before we hold out any hope that the IRB will "change their mind" or
more to the point that "their political direction will change" we
need to understand that Canada is fundamentally a Corrupt Legal
Society with a fundamental hatred towards men.
Judges in Canadian Courts don't wear Swastika Armbands indicating
belief in Racial Purity, they do however have a systematic bias and
hatred towards men that frequently assumes "gender purity and that
men are human trash to be disposed of.
Let's apply a reasonable burden of reverse onus upon our Judiciary.
Are Canadian judges subject to personality or psychological
screening prior to appointment to the bench? NO, Do Canadian
soldiers, airman or police officers? Generally yes, then why no
The fact is if you dont have such screening, then Canada will
continue to have its judiciary corrupted by a substantial number of
Judges who have unreasonable unfounded beliefs in not only the
superiority of females but that males in Canada do not deserve legal
For example, Ottawa Family Court has several examples, two of the
worst examples are;
The Dishonourable Dennis Power and
The Dishonourable Allan Sheffield
are famous for making draconian decisions against Canadian Men in
Family Court by "striking pleadings", orders declaring fathers
vexatious litigants or issuing security for costs or issuing
restraining orders banishing fathers from entire cities or issuing
orders that are effectively deportation orders.
- Posted 05/07/08 at 6:51 AM EDT