OTTAWA, Nov. 15, 2007

U.S. Deserters Lose Bid For Canada Asylum

Canada Rejects Appeal By 2 U.S. Soldiers Who Fled To Canada In Protest Against Iraq War

  • Jeremy Hinzman, his son Liam, and wife in Toronto, Canada in Dec. 6, 2004 file photo. Hinzman and fellow U.S. Army deserter Brandon Hughey lost their bids to have the Supreme Court of Canada hear their cases for asylum on Thursday, Nov. 15, 2007. Photo

    Jeremy Hinzman, his son Liam, and wife in Toronto, Canada in Dec. 6, 2004 file photo. Hinzman and fellow U.S. Army deserter Brandon Hughey lost their bids to have the Supreme Court of Canada hear their cases for asylum on Thursday, Nov. 15, 2007.  (AP)

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(AP)  Two U.S. Army deserters who fled to Canada and sought refugee status on grounds of their opposition to the war in Iraq have lost their bids to have the Supreme Court of Canada hear their cases.

The court refused Thursday to hear the appeals of Jeremy Hinzman and Brandon Hughey, who were rejected by Canada's Immigration and Refugee Board in 2005.

The board ruled they would not be at risk of their lives if they returned to the United States, nor were they at risk of "cruel and unusual treatment or punishment."

Hinzman and Hughey deserted the U.S. Army in 2004 after learning their units were to be deployed to Iraq to fight in a war they have called immoral and illegal. The men argue that serving in Iraq would force them to commit crimes against civilians, and that they would be persecuted if forced to return to the United States.

Both the Federal Court and the Federal Court of Appeal have refused to review their cases.

As is usual in such cases, the Supreme Court gave no reasons for its decision Thursday.

Hinzman fled from Fort Bragg, North Carolina, with his wife and son in January 2004, weeks before his 82nd Airborne Division was due to go to Iraq. He had served three years in the U.S. Army, but had applied for conscientious objector status before his unit was sent to Afghanistan in 2002.

The 20-year-old Hughey was part of the 1st Cavalry in Fort Hood, Texas, and fled to Canada in March 2004.

Both would face jail time if convicted of desertion.

Hinzman and Hugley's defense lawyer Jeffry House noted earlier this year that about 20 U.S. military personnel have applied for refugee status in Canada. He estimated as many as 200 American war resisters were hiding in Canada, waiting to see how Hinzman's case is played out before coming forward.


© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Add a Comment See all 435 Comments
by feelfree1 November 15, 2007 3:38 PM PST

To our troops:

"Do not fight for a dying regime. It is not worth your life."- GWB

www.youtube.com/watch?v=MxKpeKQA6B4

www.ivaw.org

www.couragetoresist.org
Reply to this comment
by prairiefox1 November 15, 2007 4:08 PM PST
THEN WHY IN THE WORLD DID THEY JOIN?
ARMY= GUNS=BANG, BANG!
THEY MUST HAVE THE INTELLIGENCE OF A CLAM!
Reply to this comment
by kailumego1 November 15, 2007 4:10 PM PST
How does this administration justify prosecuting and convicting any soldier of desertion, because he/she realizes that the entire war is/was a sham..
Reply to this comment
by denn034 November 15, 2007 4:15 PM PST
My country asked me to serve in Desert Storm and I went and served honorably. That''s what those soldiers should''ve done. Canada''s Supreme Court was right to reject their appeal.
Reply to this comment
by feelfree1 November 15, 2007 4:24 PM PST

No soldier is ever obligated to follow an unlawful order. This would include deployment into an illegal, disgraceful, lie-based war of aggression.

The only U.S. military heroes in the idotic and self-defeating, "War on Terror", are those who refuse to participate in it.

They are honoring their country and their oath to defend the U.S. Constitution in the most honorable way possible.

The rest of "our troops" are victims and dupes, at best.
Reply to this comment
by delta5243 November 15, 2007 4:27 PM PST
those queers belong in Canada..........
Reply to this comment
by libsluvsuvs November 15, 2007 4:30 PM PST
Posted by FeelFree1 at 04:24 PM : Nov 15, 2007
+ report abuse


***********

An american citizen has the option to join the military..they get paid to be in the military. THEY WERE NOT DRAGGED OUT IN THE MIDDLE OF THE NIGHT and forced to wear a uniform. You and a few dwindling amount of "this war is illegal'' advocates are losing sympatehtic nations BECAUSE THEY ARE GETTING MORE AWARE THAT TERRORISM IS IN THIER OWN BACKYARD..THIS GASOLINE SUPPLIES IS THREATENED..and they can no longer deny this...

If these 2 kids has any cahones at all, they should surrender and submit to military punishment (THEN WRITE A BOOK AND MAKE MILLIONS).

and NO...the hundereds of troops are there are far from being (how did you word it) "DUPES".
Reply to this comment
by denn034 November 15, 2007 4:30 PM PST
How''s the Iraq war illegal? I keep asking this question and never get a legitimate answer.
Reply to this comment
by feelfree1 November 15, 2007 4:33 PM PST

Boot-lickers sure seem to think about homosexuality a lot.

Repressed sexuality appears to be a common trait among them. A real bunch of toe-tappers.
Reply to this comment
by feelfree1 November 15, 2007 4:35 PM PST

Re: "How''s the Iraq war illegal?"

The undeclared "war" against Iraq constitutes an illegal "war of aggression", which is a clear and serious crime, as defined by the Nuremberg Charter. The "war of aggression" against Iraq is also in clear violation of the U.N. Charter. Both of these Charters constitute U.S. obligated international treaties, and such international treaties are described by our own Constitution as the "Supreme Law of the Land". As such, the illegal war of aggression against Iraq is a very serious offense against our own Constitution.

Futhermore, much of the conduct of this undeclared and illegal war, is in itself criminal, as it violates the Geneva Conventions, (also U.S. obligated international law) as well as the U.S. War Crimes Act of 1996- acts such as torture, rape, and killing civilians- many of which have been widely reported and documented.

The illegal war of aggression is not only a crippling defeat on the military, economic, and moral fronts, but it is one of the most heinous and disgraceful criminal episodes of the entire history of our country.

Many top WWII German leaders were tried, convicted, and hanged for participating in crimes that are remarkably similar to those committed by the Bush regime against Iraq and elsewhere.
Reply to this comment
by libsluvsuvs November 15, 2007 4:42 PM PST
Posted by FeelFree1 at 04:35 PM : Nov 15, 2007
+ report abuse


*********

UNDECLARED WAR?? well who would agree with you?? the democrats??the french?? who?? the canadians??

like i said its a dwindling group you have there.
Reply to this comment
by feelfree1 November 15, 2007 4:43 PM PST

Re: "An american citizen has the option to join the military."

True, and they also have a sworn obligation to defend and protect the U.S. Constitution.

The current war military war resistors are honoring this oath in a most admirable way.

They are the ONLY true military heroes of the entire criminal debacle, in my opinion.
Reply to this comment
by libsluvsuvs November 15, 2007 4:43 PM PST
Posted by FeelFree1 at 04:35 PM : Nov 15, 2007
+ report abuse


***********

I am sorry to say this..but you are a ''terrorist''
Reply to this comment
by libsluvsuvs November 15, 2007 4:46 PM PST
Posted by FeelFree1 at 04:43 PM : Nov 15, 2007
+ report abuse

********
like I said, if what you think holds water..then why are we getting less and less groups, nations, parties to agree with you??

It what you said is true..the bush is open for impeachment, recently there was a drive by REPUBLICANS to continue wiht the DNC''s plan for impeachment..WHO DID A COMPLETE 180 ON THAT ONE??
and do you know why?? it would work for the republicans if they can expose the DNC at its own game.
Reply to this comment
by feelfree1 November 15, 2007 4:46 PM PST

libsluvsuvs,

Re: "UNDECLARED WAR??"

The U.S. Congress is the only entity with the authority to declare war, and they have not done this. Abdicating their Constitutional obligation in this matter to the unelected Bush-puppet Fuhrer (heil) is hardly an acceptable substitute.
Reply to this comment
by feelfree1 November 15, 2007 4:49 PM PST

libsluvsuvs,

Re: "I am sorry to say this..but you are a ''''terrorist''''

If this is ture, then your puppet-Fuhrer is a failure, yet again, as I remain at-large and living openly in the U.S.
Reply to this comment
by libsluvsuvs November 15, 2007 4:50 PM PST
libsluvsuvs,

Re: "UNDECLARED WAR??"

The U.S. Congress is the only entity with the authority to declare war, and they have not done this. Abdicating their Constitutional obligation in this matter to the unelected Bush-puppet Fuhrer (heil) is hardly an acceptable substitute.



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Posted by FeelFree1 at 04:46 PM : Nov 15, 2007
+ report abuse


***************
well then in that case where is the house of congress?? WHY NOT STOP BUSH?? They cant because they know something that you dont..THAT THERE IS AN ACUTALL THREAT AND THAT THREAT WAS ACTED UPON 9/11.

this war is a war on terrorism..WHAT FEEDS TERRORISM IN MIDDLE EAST?? fanatical islam..well do you think fanatical religion knows bounderies,, does it respect that imaginary line that seperates nations??

the war is in middle east..and as far as I know Iraq is in middle east.
Reply to this comment
by feelfree1 November 15, 2007 4:51 PM PST

Remember when Saddam challenged Bush to a duel?

Talk about a textbook win-win scenario!
Reply to this comment
by libsluvsuvs November 15, 2007 4:52 PM PST
libsluvsuvs,

Re: "I am sorry to say this..but you are a ''''''''terrorist''''''''

If this is ture, then your puppet-Fuhrer is a failure, yet again, as I remain at-large and living openly in the U.S.



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Posted by FeelFree1 at 04:49 PM : Nov 15, 2007
+ report abuse


*******

to disprove your allegations that Bush is a fuhrer..YOU WOULD BE DEAD NOW..are you dead??are you in prison?? any men in black knocking on your door at night??

like i said your idea does not hold water BECAUSE ITS ALL ALLEGATIONS.
Reply to this comment
by prinzowhales November 15, 2007 4:52 PM PST
If the case of these two lads does not merit political asylum, then nothing does. Canadians! your putrid legal system is marching in lockstep with that of the United States...it no longer protects those who face prosecution and prison for standing against a war of aggression. The crooks in Ottawa are not as big a set of criminals as those in Washington--only because there is less to steal!

Remember Ernst Zundel! He was criminally removed from his home in America where he had escaped persecution by the Zionazis in Canada by corrupt servants of Israel in the US Justice Department and held in Canada before being deported to Germany where he is in prison for exposing Zionazi exagerations and lies regarding the Holocaust. Just another shameful episode in Canadian and US jurisprudence.
Reply to this comment
by libsluvsuvs November 15, 2007 4:55 PM PST
Posted by tuckerndfw at 04:54 PM : Nov 15, 2007
+ report abuse


**********

yes it would be that simple if you can ''wish'' order in this planet..but you know it only works in liberal hollywood movie set..
Reply to this comment
by feelfree1 November 15, 2007 4:56 PM PST

Re: "well then in that case where is the house of congress?? WHY NOT STOP BUSH??"

Good question. The answer is becoming clearer all the time- both of our "major" Parties are largely in the pockets big Corporations and their AIPAC masters. This has left many top Democrats deeply complicit in many of the most serious crimes of the regime. As such, many of them are helpless to offer very much substantial criticism, even if they wanted to.
Reply to this comment
by frankbowers November 15, 2007 4:56 PM PST
Well, gw nush was a deserter when is he going to jail. It has been proven and I was in Houston when he deserted. the be3st of thinking to all Frank Bowers of Austin, TX
Reply to this comment
by libsluvsuvs November 15, 2007 5:00 PM PST
libsluvsuvs at 04:50 PM : Nov 15, 2007

Terrorism is a tactic, it is not an enemy that can be defeated.

It is legally (and logically) impossible to wage war on a tactic.

The "war on terror" is a fraud and the largest bank (US Treasury) heist in world history.


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Posted by tuckerndfw at 04:52 PM : Nov 15, 2007
+ report abuse.

***********sigh***************

OKAY LET ME WORD IT OUT FOR YOU so you wont be lost in translation..

the enemy is FANATICAL ISLAM...using TERRORISTIC METHODS. to engage us.

(again your defeatist mindset) you can counteract a tactic (ever played chess)..BUT YOU NEED TO CONFRONT WHAT DRIVES THE TACTIC (the chess player).


again..allegations..PROVE IT.
Reply to this comment
by feelfree1 November 15, 2007 5:10 PM PST

tuckerndfw,

Re: "The "war on terror" is a fraud and the largest bank (US Treasury) heist in world history."

No doubt about it. Some estimates are already ranging into the $3.5 trillion range.

Can you imagine what the result would have been if each and every U.S. citizen were to have instead been offered $11,000+ each for NOT allowing this illegal and self-defeating "war"?

Reply to this comment
by feelfree1 November 15, 2007 5:14 PM PST

tuckerndfw,

Re: "It is legally and logically impossible to wage war on a religion or an idea."

True, but posters like ''libsluvsuvs'' routinely demonstrate that ideas, such as his/her uniformly disgraced ones, can be easily defeated without waging war.
Reply to this comment
by rfcnj68 November 15, 2007 5:20 PM PST
Prinzowhales are you trying to tell me that the millions of Jewish prisoners that died during WWII did not really happen, your nuts and people like you are the reason we are in this BS war to begin with.

These fine lads signed up for MILITARY SERVICE GEE DIDN''T THINK YOU MIGHT EVER HAVE TO FIGHT. Unlike like those that fled to Canada during Vietnam to avoid the draft which meant they were not given a choice whether they wanted to go or not, they were going because the government said so. Here you signed up for the duty took the oath and then decide that when there is a war you do not want to go, tough sht you volunteered you took the oath to defend this country against foreign and domestic threats, that is your job and if you refuse there is punishment for doing that, now take and live with the choice you made. The other men and women in your platoon went and did their job since you chose jail you need to spend your time there get out and move on with your life. I hear they are asking for civilian help in Iraq.
Reply to this comment
by libsluvsuvs November 15, 2007 5:24 PM PST
It is legally and logically impossible to wage war on a religion or an idea.

The "war on terror" is a fraud and the largest bank (US Treasury) heist in world history.


--------------------------------------------------------------------------------

Posted by tuckerndfw at 05:09 PM : Nov 15, 2007
+ report abuse


************

due to the limited confines of this forum..to elaborate on how this can be won..against religion IS TO WATERDOWN the type of islamic ideology that is currently running middle east..IT IS a fanatical one..YES JUST LIKE THE CHRISTIANS DURING THE EARLY DAYS..looking at history..waterdown meaning giving the public options..who what or when to believe in religion. That cannot be attained if we allow these dictatorships to run BECAUSE THEY ARE UNDER FANATICAL OVERSEERS.

give them the option to be gay or straight..give them options to believe or not..give them the options of flat screeen or projector tv..give them option of tea or coke..give them options on who to elect..GETTING IT?

you are allowing an environment where these fanatical nutjobs to continue what they do..
Reply to this comment
by libsluvsuvs November 15, 2007 5:25 PM PST
Posted by tuckerndfw at 05:23 PM : Nov 15, 2007
+ report abuse
*************

""People who advocate waging war demonstrate their ideas are inferior. The more inferior, the greater urgency to wage war.""

let me guess you think your more educated and your shi*t smells like a bed of flowers
Reply to this comment
by scottyusa November 15, 2007 5:25 PM PST
This isn''t about the war. It is about cowards that let their countrymen down. If you are a conciensious objector what the heck are doing in an all volunteer force? This is not like Vietnam. There was a draft and Canada was good enough to take care of the real thing back then. It is not the soldier''s duty to question the war, we have plenty of protestors here. The soldier''s duty is to fight the war. What kind of military would have its members vote whether to go to war or not?
Reply to this comment
by libsluvsuvs November 15, 2007 5:30 PM PST
libsluvsuvs at 05:24 PM : Nov 15, 2007


I haven''''t consumed enough alcohol to interpret that idiotic drivel.

Needless to say, you do not know what you are talking about, as demonstrated by your mindless babbling.

The "war on terror" is a fraud and the largest bank (US Treasury) heist in world history.

Posted by tuckerndfw at 05:27 PM : Nov 15, 2007
+ report abuse
***************

you gave me nothing but intellectual bullsh*t..You tend to wander off the subject here and try to dress your ignorance with your own babble

ELABORATE ON HOW THIS IS A FRAUD.......
Reply to this comment
by feelfree1 November 15, 2007 5:30 PM PST

scottyusa,

Re: "The soldier''s duty is to fight the war."

That is incorrect. A U.S. soldier''s duty is to defend and protect our Constitution.

Our current military resistors of the illegal and disgraceful war are fulfilling this duty in the most honorable way possible.

They are the ONLY true military heroes in this entire debacle, in my opinion.

The rest of "our troops" are victims and/or dupes, at best.
Reply to this comment
by feelfree1 November 15, 2007 5:33 PM PST

libsluvsuvs,

You have consistently demonstrated that you lack the capacity to be reasoned with. Why would anyone waste their time atempting to unlock your decidedly closed mind?
Reply to this comment
by logicanada November 15, 2007 5:36 PM PST
Delta5243.I can only presume you are posting from your barracks in Baghdad, or from behind some bullet riddled wall in Basra. With Queers on your mind?
Reply to this comment
by feelfree1 November 15, 2007 5:39 PM PST

tuckerndfw,

Re: "Having said that, they should have notified their superiors in writing of their decisions, refused to deploy and taken the matter to trial."

Speaking of:

"A WIN IN U.S. DISTRICT COURT FOR LT. EHREN WATADA
On Thursday, November 8th, supporters of Lt. Watada rejoiced to learn of the preliminary injunction issued by U.S. District Court Judge Benjamin Settle to halt any further court martial proceedings of Lt. Ehren Watada until the conclusion of the habeas corpus proceedings."

"The court held that Lt. Watada is likely to succeed at demonstrating that the military judge acted ''irrationally, irresponsibly, precipitately'' and abused his ''discretion,'' that the judge failed to consider feasible alternatives to a mistrial and there was no good reason for having stopped the trial in February, 2007."

Thank you Lt. Watada. You are a true American hero!
Reply to this comment
by bogusbones November 15, 2007 5:40 PM PST
Come on Canada, where we gonna go to escape George and ***? It''s not like you don''t have any room up there. What did Bush and Cheney tell you? If you allow political asylum to US soldiers we''ll bomb the hell out of you? They probably would.
Reply to this comment
by logicanada November 15, 2007 5:42 PM PST
libsluvsuvs.When you attain a level of higher learning your s**t will smell like bed of roses as well.
As for your drivel about options, the only options your troops in Iraq seem to have, is to be redeployed until maimed or dead.
Coming to Canada at least extended their time on earth and maybe eased their guilt over the atrocities the U.S. military et al are committing upon the Iraqi people.
Reply to this comment
by libsluvsuvs November 15, 2007 5:44 PM PST
libsluvsuvs,

You have consistently demonstrated that you lack the capacity to be reasoned with. Why would anyone waste their time atempting to unlock your decidedly closed mind?



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Posted by FeelFree1 at 05:33 PM : Nov 15, 2007
+ report abuse
*****************

I lack the capacity to BUY INTO YOUR ALLEGATIONS, FANTASIES AND HELLUCINATIONS..you are giving me nothing but just pure "bush is a facist" type of debate, running on poor excuses to cover your true agendas, facts gathered from unreliable sources such as blogs and ranting of some b-rated comedian...your cocky, "i am more intelligent than you" attitude can be easily be downplayed with simple logic.

Reply to this comment
by libsluvsuvs November 15, 2007 5:48 PM PST
Coming to Canada at least extended their time on earth and maybe eased their guilt over the atrocities the U.S. military et al are committing upon the Iraqi people.


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Posted by logicanada at 05:42 PM : Nov 15, 2007
+ report abuse

***********

are you stupid or something??? are you reading the main topic of this board???

your precious canada is throwing these people OUT OF CANADA and not keeping them.
Reply to this comment
by missingamerica November 15, 2007 5:51 PM PST
I have no sympathy for them. No draft and they signed the dotted line. There is no waver in the enlistment papers that grants you discharge just because it turns out your CIC is a crook and a liar.
Reply to this comment
by feelfree1 November 15, 2007 5:53 PM PST

tuckerndfw,

Re: "If more soldiers had taken their cases to court, this fiasco would have been over long ago."

I have little doubt about this.

Re: "There is NO legal basis for the invasions of Afghanistan or Iraq."

"NONE."

Agreed.
Reply to this comment
by missingamerica November 15, 2007 5:53 PM PST
*(don''t say it..."waiver")
Reply to this comment
by tmn November 15, 2007 5:56 PM PST
With a war-hawk Republicon President in office, signing up for military service was probably not the best thing to do at the time...
Reply to this comment
by usayesterday November 15, 2007 5:56 PM PST
Delta5243.I can only presume you are posting from your barracks in Baghdad, or from behind some bullet riddled wall in Basra. With Queers on your mind?

Posted by logicanada at 05:36 PM : Nov 15, 2007
.............

Actually, "Delta" was posting using his mighty weapon... the keyboard, as member of the 101st Chairborne brigade.
Reply to this comment
by logicanada November 15, 2007 5:58 PM PST
libs.... You twit. Being refused refugee status does not equate to being thrown out. These guys are eligible for two appeals which take a long time,and failing that the immigration department must sue for extradition. In the interim the public will raise a hue and cry which in all likelihood will be heard. Our government actually listens to the electorate.
So go back to your trailer, turn on FOX, drink a sixpack of Bud, load your rifle and ... clean it.
Reply to this comment
by libsluvsuvs November 15, 2007 5:58 PM PST
tuckerndfw,

Re: "If more soldiers had taken their cases to court, this fiasco would have been over long ago."


Re: "There is NO legal basis for the invasions of Afghanistan or Iraq."

"NONE."

Agreed.



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Posted by FeelFree1 at 05:53 PM : Nov 15, 2007
+ report abuse

now to make your declarations credible please if you and tuckerndfw can explain on how

retreating soldiers stops this "fiasco" (which i assume is the tactic of terrorism) AND

how is this invasion of afghantisn and iraq a farce??

(very simple..very clean question..and I dont take the "you smell" childish answers)
Reply to this comment
by logicanada November 15, 2007 5:59 PM PST
USAyesterday.LOL
Reply to this comment
by thgdriver November 15, 2007 6:00 PM PST
They are the ONLY true military heroes in this entire debacle, in my opinion.

The rest of "our troops" are victims and/or dupes, at best.

Posted by FeelFree1

How dare you make such a statement! This thread has just sunk to an all time low!! You should be proud of your new record. I am sure you would be willing to post the same thing on your local town bulletin board and sign your real name and address to it. Sure you would.

Your as much a coward as these two punks are. Saying that and hiding behind your computer.

Keep moving, nothing new here, nothing to see, this way, move along.
Reply to this comment
by adian1-2009 November 15, 2007 6:00 PM PST
This is sort of an excellent example where morality goes one way and the law runs the opposite way. These two young soldiers are right in their judgment that the attack and invasion of Iraq is an immorality and then no soldier should be forced to fight an immoral war they do not believe in. But the law says other thing. Once you are in the military, you must obey and abide by whatever orders you receive from your superiors, although there are some rare exceptions to that rule. And that''s the only way the military can work. Just imagine that each soldier had the freedom to decide which orders to obey and which not to obey. There would be no military forces without a chain of command in place to which every member of the forces must adhere to. So, these two guys, with the kind of people we have in power today, are going to be put through the grinder. Just ask Bush, or Cheney.
Reply to this comment
by libsluvsuvs November 15, 2007 6:01 PM PST
"U.S. Deserters Lose Bid For Canada Asylum
Canada Rejects Appeal By 2 U.S. Soldiers Who Fled To Canada In Protest Against Iraq War"

I dont know mr. logicanada, that sounds pretty solid "get the fu ck out of here".
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