Click here to close now.




















Welcome!

News Feed Item

Federal Court Rules in Favour of US War Resister Jules Tindungan

Refugee Protection Division ignored evidence that US military justice system fails to meet basic fairness standards

TORONTO, ONTARIO -- (Marketwire) -- 02/04/13 -- On Friday, February 1, the Federal Court of Canada released a decision granting United Stated (US) war resister Jules Tindungan a new hearing before the Immigration and Refugee Board (IRB). The Court found errors in the original IRB decision pertaining to issues which are at the heart of asylum claims by US soldiers in Canada.

Mr. Tindungan is one of dozens of former US soldiers who have sought asylum in Canada because of their objection to the wars in Iraq and Afghanistan. Tindungan refused to return to combat for the United States military in 2008 after serving a 15 month combat tour and seeing first-hand the breaches of the Geneva Conventions committed by US forces.

Mr. Tindungan argued before the Refugee Board that he faces differential punishment in the US because he has spoken out publicly against US military actions in Iraq and Afghanistan. He also argued that he would not get a fair trial if returned because the US court-martial system is not an independent and impartial tribunal as required under Canadian and International law.

After reviewing Tindungan's case, the Federal Court found that Tindungan "submitted voluminous documentary evidence from credible, third-party sources ... that suggest that the US has not complied with its international obligations." However, the Refugee Board improperly ignored this evidence.

The Court further found that the US court-martial system "fails to comply with basic fairness requirements found in Canadian and International Law", therefore impacting whether Tindungan would receive a fair hearing if returned to the US.

While Mr. Tindungan presented compelling evidence that the US military justice system fails to meet basic fairness standards that are internationally recognized to be fundamental to any tribunal system, this evidence was not taken into consideration by the Refugee Protection Division (RPD).

The Court also found that the Refugee Board failed to deal properly with evidence that soldiers, such as Tindungan, who have spoken out publicly about their objections to US actions in Iraq and Afghanistan are subjected to particularly harsh punishments because of having vocalized their political opinions.

"This decision underlines what individuals like war resister Kim Rivera have been raising all along-that soldiers who speak out against these wars face harsher punishment, and have no recourse within the US military justice system," said Michelle Robidoux, spokesperson for the War Resisters Support Campaign.

On September 17, 2012 a Federal Court judge denied Kim Rivera's request for a stay of removal, finding the possibility of her arrest and detention in the US to be "speculative". Ms. Rivera was arrested three days later as she presented herself at the US border. Rivera is now facing court martial at Fort Carson, Colorado, and likely incarceration.

In an open letter to Prime Minister Stephen Harper published January 26, 2013 in The Globe and Mail, prominent Canadians including broadcaster Andy Barrie, Alexandre Trudeau, Dr. John Polanyi and many others stated: "We respectfully call on the Minister of Citizenship, Immigration and Multiculturalism Jason Kenney to cease all deportation orders against US Iraq War resisters and make provision for their permanent residence in Canada."

In July 2010, Citizenship and Immigration Canada, at the direction of Immigration Minister Jason Kenney, issued Operational Bulletin 202 which formalizes the bias against all US war resisters in policy that immigration decision-makers must follow.

Amnesty International Canada and former IRB Chair Peter Showler have called for Citizenship and Immigration Canada (CIC) Operational Bulletin 202 to be rescinded because it "fails to recognize that military desertion for reasons of conscience is in fact clearly recognized as a legitimate ground for refugee protection" and it "misstates the law and seeks to intrude on the independence of both IRB members and Immigration Officers."

BACKGROUNDER

Federal Court/Federal Court of Appeal decisions in favour of US war resisters

Since 2008, there have been 11 Federal Court or Federal Court of Appeal decisions in favour of US 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: US war resisters in Canada

January 3, 2004: Jeremy Hinzman, the first US 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 US 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 US Iraq War resisters and facilitate the resisters' requests for permanent resident status (http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3204056&Language=E&Mode=1&Parl=39&Ses=2).

June 27, 2008: An Angus Reid Strategies poll reveals that the majority (two-thirds) of Canadians agrees with the decision to let US Iraq War resisters stay in Canada as permanent residents (http://www.angus-reid.com/wp-content/uploads/2012/08/2008.06.27_Soldiers.pdf).

July 15, 2008: Robin Long becomes the first US Iraq War resister to be deported by the Harper government (http://www.canada.com/theprovince/news/story.html?id=83bfbe5f-018c-43f9-8f31-20d79f3d0148).

October 2, 2008: Prime Minister Stephen Harper reversed his previous support for the US-led invasion and occupation of Iraq stating during the English-language leaders' election debate:

"It was absolutely an error. It's obviously clear the evaluation of weapons of mass destruction proved not to be correct. That's absolutely true and that's why we're not sending anybody to Iraq."

(http://www.youtube.com/watch?v=JYTTbmCL4RQ)

January 9, 2009: Jason Kenney was criticized by Amnesty International Canada and the Canadian Council for Refugees for biasing all US resisters' cases with his public "bogus refugee claimants" comment (http://www.cbc.ca/news/canada/story/2009/01/09/refugee-war.html).

February 4, 2009: US Iraq War resister Cliff Cornell was arrested when he crossed the border into the United States after exhausting all appeals to remain in Canada (http://www2.canada.com/nanaimodailynews/news/story.html?id=c74e9d3c-3582-43e8-b34e-352f4e25d473).

March 15, 2009: Members of Parliament Olivia Chow and Borys Wrzesnewskyj met with US Iraq War resister Robin Long in the Naval Consolidated Brig Miramar near San Diego. Long was court-martialed and sentenced to 15 months in prison after being deported from British Columbia by the Harper government (http://www.ctvnews.ca/mps-visit-deserter-in-u-s-prison-1.379609).

March 30, 2009: The June 3, 2008 motion was passed by Parliament a second time (http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3681601&Language=E&Mode=1&Parl=40&Ses=2).

April 28, 2009: Cliff Cornell was sentenced to 12 months in prison and a bad conduct discharge after publicly expressing his conscientious objection to the Iraq War while in Canada. Prosecutors used footage of a television news interview with Cornell as evidence against him (http://www.straight.com/news/us-war-resister-and-ex-bc-resident-cliff-cornell-sentenced-one-year-prison).

September 18, 2009: US war resister and veteran Rodney Watson took sanctuary in the First United Church in Vancouver, BC, to avoid deportation by the Harper government. He remains there today (http://www.thestar.com/opinion/2009/12/24/why_a_resister_chose_canada_over_the_war_in_iraq.html).

July 6, 2010: Federal Court of Appeal issued its unanimous ruling in favour of Hinzman (http://www3.sympatico.ca/ken.marciniec/20100706-FederalCourtOfAppeal-HinzmanVMinCitizenshipImmigration_A-276-09.pdf).

July 22, 2010: Citizenship and Immigration Canada, at the direction of Immigration Minister Jason Kenney, issued Operational Bulletin 202 which formalizes the bias against all US war resisters in policy that immigration decision-makers must follow (http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob202.asp).

September 2010: Peter Showler, former Chair of Canada's Immigration and Refugee Board, and Amnesty International Canada call on Immigration Minister Jason Kenney to rescind CIC Operational Bulletin 202 because it, "misstates the law and seeks to intrude on the independence of both IRB members and Immigration Officers," and "implies that military deserters from the US should be treated differently than deserters from other countries," despite there being, "no basis in law for that proposition." (http://www.resisters.ca/2010.09.29-Embassy_WithdrawUSWarResisterBulletin.pdf)

(http://www.resisters.ca/Amnesty_International_OB_202_sept_2010.pdf)

April 5, 2011: Federal Court of Canada rules in favour of US war resister and veteran Dean Walcott.

July 18, 2011: Federal Court of Canada rules in favour of US war resister and veteran Chris Vassey.

August 30, 2012: Canadian government orders US war resister Kim Rivera and her family to leave Canada by September 20th or face deportation. Kim is the first woman Iraq War resister to seek asylum in Canada. She and her husband Mario have four children, two of them born in Canada.

September 17, 2012: Federal Court Justice Near denies Kim Rivera a stay of removal, stating that it is only "speculative" that Kim would be arrested and court martialed if she is forced to return to the US.

September 20, 2012: Kim Rivera is arrested by US authorities after voluntarily turning herself in at the border. She has been charged with desertion and is awaiting court martial at Fort Carson, Colorado.

September 20, 2012: Conservative Members of Parliament break into applause upon the announcement of Kim Rivera's forced return to the United States.

January 26, 2013: Prominent Canadians publish open letter to the Prime Minister in support of US war resisters in The Globe and Mail.

February 1, 2013: Federal Court of Canada rules in favour of US war resister and veteran Jules Tindungan.

More Stories By Marketwired .

Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

Latest Stories
DevOps Summit, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 17th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development...
Too often with compelling new technologies market participants become overly enamored with that attractiveness of the technology and neglect underlying business drivers. This tendency, what some call the “newest shiny object syndrome,” is understandable given that virtually all of us are heavily engaged in technology. But it is also mistaken. Without concrete business cases driving its deployment, IoT, like many other technologies before it, will fade into obscurity.
Whether you like it or not, DevOps is on track for a remarkable alliance with security. The SEC didn’t approve the merger. And your boss hasn’t heard anything about it. Yet, this unruly triumvirate will soon dominate and deliver DevSecOps faster, cheaper, better, and on an unprecedented scale. In his session at DevOps Summit, Frank Bunger, VP of Customer Success at ScriptRock, will discuss how this cathartic moment will propel the DevOps movement from such stuff as dreams are made on to a prac...
SYS-CON Events announced today that DataClear Inc. will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. The DataClear ‘BlackBox’ is the only solution that moves your PC, browsing and data out of the United States and away from prying (and spying) eyes. Its solution automatically builds you a clean, on-demand, virus free, new virtual cloud based PC outside of the United States, and wipes it clean...
With the proliferation of connected devices underpinning new Internet of Things systems, Brandon Schulz, Director of Luxoft IoT – Retail, will be looking at the transformation of the retail customer experience in brick and mortar stores in his session at @ThingsExpo. Questions he will address include: Will beacons drop to the wayside like QR codes, or be a proximity-based profit driver? How will the customer experience change in stores of all types when everything can be instrumented and a...
Contrary to mainstream media attention, the multiple possibilities of how consumer IoT will transform our everyday lives aren’t the only angle of this headline-gaining trend. There’s a huge opportunity for “industrial IoT” and “Smart Cities” to impact the world in the same capacity – especially during critical situations. For example, a community water dam that needs to release water can leverage embedded critical communications logic to alert the appropriate individuals, on the right device, as...
Manufacturing connected IoT versions of traditional products requires more than multiple deep technology skills. It also requires a shift in mindset, to realize that connected, sensor-enabled “things” act more like services than what we usually think of as products. In his session at @ThingsExpo, David Friedman, CEO and co-founder of Ayla Networks, will discuss how when sensors start generating detailed real-world data about products and how they’re being used, smart manufacturers can use the ...
WebRTC services have already permeated corporate communications in the form of videoconferencing solutions. However, WebRTC has the potential of going beyond and catalyzing a new class of services providing more than calls with capabilities such as mass-scale real-time media broadcasting, enriched and augmented video, person-to-machine and machine-to-machine communications. In his session at @ThingsExpo, Luis Lopez, CEO of Kurento, will introduce the technologies required for implementing thes...
Any Ops team trying to support a company in today’s cloud-connected world knows that a new way of thinking is required – one just as dramatic than the shift from Ops to DevOps. The diversity of modern operations requires teams to focus their impact on breadth vs. depth. In his session at DevOps Summit, Adam Serediuk, Director of Operations at xMatters, Inc., will discuss the strategic requirements of evolving from Ops to DevOps, and why modern Operations has begun leveraging the “NoOps” approa...
Organizations from small to large are increasingly adopting cloud solutions to deliver essential business services at a much lower cost. According to cyber security experts, the frequency and severity of cyber-attacks are on the rise, causing alarm to businesses and customers across a variety of industries. To defend against exploits like these, a company must adopt a comprehensive security defense strategy that is designed for their business. In 2015, organizations such as United Airlines, Sony...
SYS-CON Events announced today that HPM Networks will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. For 20 years, HPM Networks has been integrating technology solutions that solve complex business challenges. HPM Networks has designed solutions for both SMB and enterprise customers throughout the San Francisco Bay Area.
While many app developers are comfortable building apps for the smartphone, there is a whole new world out there. In his session at @ThingsExpo, Narayan Sainaney, Co-founder and CTO of Mojio, will discuss how the business case for connected car apps is growing and, with open platform companies having already done the heavy lifting, there really is no barrier to entry.
To assist customers with legacy Windows Server 2003 that is no longer supported by Microsoft, Racemi has introduced fixed price packages for upgrading and migrating Windows Server 2003 servers to either Windows 2008 R2 or Windows 2012 R2 and the choice of Amazon Web Services (AWS) or SoftLayer cloud. "We're extending a lifeline by upgrading the legacy servers to more modern Windows Server platforms while taking advantage of cloud computing," said James Strayer, vice president of product managem...
All major researchers estimate there will be tens of billions devices - computers, smartphones, tablets, and sensors - connected to the Internet by 2020. This number will continue to grow at a rapid pace for the next several decades. With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo, November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Learn what is going on, contribute to the discussions, and e...
As more intelligent IoT applications shift into gear, they’re merging into the ever-increasing traffic flow of the Internet. It won’t be long before we experience bottlenecks, as IoT traffic peaks during rush hours. Organizations that are unprepared will find themselves by the side of the road unable to cross back into the fast lane. As billions of new devices begin to communicate and exchange data – will your infrastructure be scalable enough to handle this new interconnected world?