Warbird Information Exchange

Canada deports U.S. army deserter
ROBERT MATAS

Globe and Mail Update

July 15, 2008 at 4:49 PM EDT

VANCOUVER — U.S. army deserter Robin Long was quietly deported from Canada Tuesday morning, while protesters unaware of his whereabouts picketed the Canada-U.S. border crossing south of Vancouver.

”I can confirm that the removal took place but the Privacy Act prevents any discussion of the specifics of the case,” Shakila Manzoor, a spokesperson for the Canada Border Services Agency, said today in an interview.

She declined to say at what time he was sent back, where he crossed the border or who received him.

Madam Justice Anne Mactavish of the Federal Court of Canada cleared the way for the deportation late Monday, dismissing a last-ditch attempt to delay the process while the 25-year-old pursued further appeals.

“I was just shocked at some things in [the] ruling,” Bob Ages, a spokesman for an informal group called Vancouver War Resisters Support Campaign, told reporters outside the courtroom yesterday. “It just flies in the face of everything that we and every Canadian know about the reality of what is going on.”
Mr. Ages said the court misunderstood the situation facing Mr. Long upon his return.

“I do not think there is any doubt someone being up in Canada, and a vocal opponent to the war, will be treated harshly by the American military … there is no question he will be court-martialed and will receive severe punishment.”

Mr. Long's deportation would be a “terrible precedent for Canada, especially given our history of providing sanctuary for war resisters, over 100,000 draft dodgers and deserters during the Vietnam era,” he said earlier to reporters.

“This will be the first time Canada played gendarme to the American military,” Mr. Ages said, appealing to Prime Minister Stephen Harper or Immigration Minister Diane Finley to intervene. Members of the support group were to meet at the Peace Arch border crossing this morning to protest the deportation.

The war resisters support group is aware of about 50 deserters in Canada, Mr. Ages said, although the group has been told that “hundreds” are living underground in Canada.

Mr. Long, who fled to Ontario in 2005, had signed up to join the U.S. Army in July, 2003. He believed at that time that his country was justified in going to war in Iraq, his lawyer Shepherd Moss said at the court hearing to halt the deportation. Mr. Long intended to train as a tank commander. “He wanted to go to defend his country,” Mr. Moss said.

His perspective changed while in training at the army base at Fort Knox. After hearing that weapons of mass destruction had not been found in Iraq, Mr. Long thought the U.S. had no reason for being at war. Also, he was troubled by evidence of abuse of Iraqi detainees that came out in May of 2004, Mr. Moss said.

Mr. Long concluded the abuse was systemic and condoned by the U.S. administration, Mr. Moss said. After some soul-searching, Mr. Long decided he would not go to Iraq and would not participate or be complicit in what he believed were war crimes, the lawyer said.

Mr. Long fled to Ontario, but moved to B.C. last summer. He sought to be accepted as a refugee in September, 2006. His application for refugee status was denied on Feb. 15, 2007. An application for leave to appeal the decision was turned down.

In a final attempt to stay in Canada, Mr. Long applied Monday for a stay of the removal order in order to allow him further judicial appeals.

Caroline Christiaens, a lawyer with the federal Department of Justice, told the court that Mr. Long voluntarily joined the army, was not deployed to Iraq and did not apply to be recognized as a conscientious objector while in the United States.

No evidence was submitted on what Mr. Long would be required to do in Iraq, whether he could have requested an alternative assignment or even what would happen if he was sent back to the United States, she said.

If Mr. Long was returned to the United States and prosecuted as a deserter, he would have access to due process in a military court, she added.

Judge Mactavish said Mr. Long had to provide “clear and non-speculative evidence” that he would suffer irreparable harm if he were not allowed to stay longer in Canada. Mr. Long asserted he would face significant jail time and suffer adverse consequences as a result of a dishonourable discharge from the military.

The vast majority of American deserters have not been prosecuted for desertion, according to evidence before the court, the judge stated in a four-page decision. About 94 per cent of U.S. deserters from 2002 to 2006 were being dealt with administratively, receiving a less-than-honourable discharge from the military.

Judge Mactavish also stated that Mr. Long did not provide evidence to show he would be singled out for harsh treatment by the U.S. military because of the publicity associated with case.

Moreover, the United States has a sophisticated military-justice system that respects the rights of service personnel, she said.

The court heard that Mr. Long would likely be returned to his army unit, which would mete out whatever punishment he would receive.

Well, I am sure he'll get a fair trial from the military. After all, our country is not like Iraq or Iran or one of those terrorist places with no democracy or rule of law. It's not like the U S would ever hold a 15 year old kid in prison for 6 years without a fair trial. That's just stuff from the liberal media.
And we are supposed to have a "volunteer " military. We hear of all the great things going on in Iraq, all the surge progress. Surely the Army must be deluged with volunteers anxious to serve and get in on the victory while they still can, and they won't need this guy with his nagging concerns about truth. Other governments aren't held to such high standards, why should ours be handicapped?

As for you being offended by my tone, ok you have stated your objection in a civil manner. But are you also offended when you see a young soldier come back in a box or with no eyes or legs? I am, and I think many others are too.

...I just think if the military has to force someone to stay in that is a sad state...

Is it ok to tell recruits they have a one year term and go back on that at the end?

Sar, as I understand it, and I don't really know the details. This person does not fit the criteria of a Concientious Objector. He was not opposed to killing or all wars like a releigeous basis as are someone like Quakers or as M. Ali was. I thik he signed up to fight, then found the justifiaction for the war was not as adveritsed.