War Resisters May Be Welcome in Canada After All

The CBC is reporting tonight that war resister Joshua Key may qualify as a refugee after all. A Canadian Federal court ruled today that Canada's refugee board was wrong when it decided that the legality of the war or war crimes were not grounds for refugee status.

Barnes said the board erred “by concluding that refugee protection for military deserters and evaders is only available where the conduct objected to amounts to a war crime, a crime against peace or a crime against humanity."

Citing a case from the U.S. Federal Court of Appeal, Barnes said officially condoned military misconduct could still support a refugee claim, even if it falls short of a war crime.

"The authorities indicate that military action which systematically degrades, abuses or humiliates either combatants or non-combatants is capable of supporting a refugee claim where that is the proven reason for refusing to serve," Barnes wrote.

This ruling could affect dozens of similar refugee claimants. The US led war in Iraq was obviously an illegal innovation to begin with, was no doubt waged under false pretenses and war crimes have doubtlessly been committed. If Canada is to retain it's reputation as a peace loving country these soldiers cannot be returned to the United States.