Canada's Supreme Court opens door to deportation of US "war resisters"

Hinzman left no doubt as to the political nature of his actions. “They said there were weapons of mass destruction,” Hinzman declared. “They haven’t found any. They said Iraq was linked to international terrorist organizations. There haven’t been any links.”

“This was a criminal war. Any act of violence in an unjustified conflict is an atrocity.”

According to those who have studied the US military justice system, persons prosecuted for desertion—as Hinzman and Hughey will be if they are deported from Canada—usually receive prison sentences on the order of five years. But the charge of desertion carries a possible death sentence.

The previous Liberal government of Paul Martin argued before the IRBC that the legality or illegality of the war could not be used as an argument in making a claim for political asylum (refugee status). The pretext used by the government was that only the International Court of Justice at the Hague has the authority and the jurisdiction to hear arguments concerning the legality of the war.