July 4, 2008 - Ruling could affect refugee claims of war deserters
 

A ruling by a federal court judge could affect how the cases of war deserters seeking asylum in Canada are handled. Federal Court Justice Robert Barnes ordered Canada’s Immigration and Refugee Board to re-examine U.S. war deserter Joshua Key’s bid for asylum in Canada. The ruling stated that "officially condoned military misconduct falling well short of a war crime may support a claim to refugee protection."

Key, who currently resides in Saskatchewan, served as a combat engineer in Iraq for eight months in 2003. He claims that U.S. soldiers committed brutal acts against civilians and regularly killed innocent people.

The Immigration and Refugee Board deemed him a credible applicant but denied his bid for asylum based on the fact that he was not required to systematically commit war crimes even if he had to violate the Geneva Conventions.

Justice Barnes´ ruling disagreed with that decision, stating that military action that "systematically degrades, abuses or humiliates" either combatants or non-combatants could be grounds for refugee protection.

The court’s ruling on Key’s case could potentially affect all similar cases of U.S. war deserters seeking asylum in Canada.

In the past, the Immigration and Refugee Board has maintained that the U.S. is a democracy and affords deserters due judicial process. The court ruling now calls that opinion into question.

The board will now be required to hear evidence on whether war deserters can rely on the U.S. government to treat them fairly.

In addition, Canada’s Parliament recently passed a resolution calling for deserters to be allowed to stay in Canada.