From the St Catharines Standard, Tuesday, 13 April 2004
DESERTERS FACE DIFFICULT REFUGEE CLAIMS
No Program to grant asylum to Americans who leave army, but lawyer doesn‘t rule out possibility
If United States Army deserter Brandon Hughey needs any information from Walt Lastewka, he can get it.
But the St Catharines MP stopped short of supporting the 18-year old‘s bid for refugee status in Canada, saying it is up to the Immigration and Refugee Board to determine if US military deserters are legitimate refugees. "It‘s not up to me to comment on that", Lastewka said. "But we should allow them exactly the same process as anybody else".
A private with the 1st Cavalry division based in Fort Hood, Texas, Hughey left the base early on March 2, the same day his unit was supposed to be heading to the Middle East. Three days later, he entered Canada at Niagara Falls. He is living with a St Catharines family as a refugee claimant.
"We have no comment on it right now", said US Army civilian staffer Dan Hassett in the public affairs office of Fort Hood. "The case is under investigation".
There is little precedent for granting refugee status to a US Army deserter.
"An American deserter, or anybody coming from any democratic country, is going to have an extremely difficult time getting refugee status in this country", said Thorold-based immigration lawyer Peter Jurmain.
"I find it very hard to believe we would be accepting American deserters or evaders under refugee determination. I don‘t think the politics would permit it".
Jurmain is not aware of the specifics of Hughey‘s case, but said in general terms there is no program to grant asylum to American army deserters. But he didn‘t rule out the possibility.
"Being a draft evader or deserter doesn‘t preclude you from making a refugee claim, but it doesn‘t entitle you to become a refugee", Jurmain said, "You have to look at the punishment such a person would face if returned to their country of citizenship. They could deem desertion as a political act, and perhaps they could find refugee status on political grounds. But if you are talking about an American, it is going to be extremely difficult and rare."
Lastewka said he supported Hughey as far as processing his refugee claim, but he wouldn‘tsay whether or not he thinks it is a legitimate claim.
"I don‘t think we should be treating those people any differently than people from any other country," Lastewka said. "They have their reasoning and they will have to explain their reasoning to the board>"
Immigration lawyer Jeffry House, who represents Hughey and Jeremy Hinzman, another US Army deserter holed up in Canada said Hughey has filed the proper paperwork and is awaiting a hearing date.
House said Hughey has a legitimate claim at refugee status, but recognizes nothing in law is a certainty. "It is pretty clear the war in Iraq violates International law," he said. "He didn‘t want to participate in such a war."
"If you think, as Khofi Anan thinks, as Hans Blix thinks, even as I would argue the Canadian government thinks, it is a manifestl unlawful war and you have the right to refuse it," House added.
Desertion is an act punishable by death in the US during times of war, but in most cases the penalty is determined by a court martial. A deserter has not been sentenced to death since the Second World War.
House said the penalty facing Hughey will form part of his case, but is by no means a pillar of his argument. "Canada does not remove anyone to face the death penalty," he said.
House expects Hughey to have his hearing by July 1, with a relatively quick decision.
A message left with Citizenship and Immigration Canada was not returned.