U.S. deserter can reapply to stay in Canada: court - Polidicks

[img]http://img23.imageshack.us/img23/3015/920609bin.jpg[/img] [i]U.S. soldiers are reflected in a puddle as they patrol northeast of Baghdad in 2008. Dean Walcott, a U.S. army deserter who served in Iraq and Kuwait, has been fighting for the right to remain in Canada.[/i] [quote]The Federal Court has ruled in favour of a U.S. military deserter who was seeking a judicial review of two previous decisions refusing him the right to remain in Canada. Dean Walcott, 28, left his military service in 2006 and fled to Canada without permission. The former Marine, who had completed tours of duty in Iraq and Kuwait, said he would suffer "severe consequences" if he was returned to the U.S., including possible physical and psychological harm from his peers and former commanders. He can now reapply to remain in Canada. In 2008, Walcott's applications to stay in Canada through a Citizenship and Immigration risk assessment and on humanitarian grounds were both denied. The new decision from Judge Yves de Montigny, dated Tuesday, said that the officer investigating both original applications "failed to conduct any analysis of hardship when assessing these risks." The decision was based on a hearing that was held in December 2010. A spokeswoman for a Canadian support group for U.S. deserters said Thursday that the decision proves that many such cases do not receive proper treatment. Michelle Robidoux of the War Resisters Support Campaign said Thursday that the group is "very encouraged" by the decision and hopes it will provide more fair treatment for U.S. deserters living in Canada. She said the group is working with about 40 resisters, about half of whom already have gone before the courts to plead their cases to stay in Canada. "These are pretty significant findings and it will have an impact on the cases that are pending for other war resisters, who similarly had their (pre-risk assessments and humanitarian applications) rejected," Robidoux said. "The decision really addresses the fact that, for whatever reason . . . (immigration officers) are giving cookie-cutter decisions." The judge wrote that Walcott had argued the investigating officer did not provide reasons for many of the conclusions that led to the original refusals, "especially for her finding that the applicant would not be subjected to disproportionate punishment based on his public opposition to the war in Iraq." It was also found that the officer "mischaracterized" the risks faced by Walcott, which was also a contributing factor in the decision. "The officer was clearly aware what the applicant feared was not so much to be punished for having been absent from his military unit without permission, but of being treated more harshly because of the high profile of his case and his public speeches in opposition to the war in Iraq," the judge wrote. "Yet, the officer failed to address this risk, and more particularly the risk of being court-martialed and imprisoned rather than being . . . discharged. Having mischaracterized the risk alleged by the applicant, the officer could not properly assess it. For that reason alone, this application for judicial review ought to be granted." Walcott fled to Canada in 2006 after being stationed at a U.S. base to train other soldiers. Prior to that, he served in Iraq and Kuwait and in 2004, he was stationed in Germany, where he helped wounded soldiers. It was there that Walcott developed post-traumatic stress disorder in 2004 and then later fled his U.S. posting after "he determined that he could not in good conscience continue doing such training," according to the summary of facts in Tuesday's decision.[/quote] Source: [url]http://www.vancouversun.com/Court+rules+review+army+deserter+appeal+stay+Canada/4577160/story.html[/url] Our government's been pretty spotty over the years on allowing resisters to stay, and hopefully whatever new government we get after the election will not repeat the blunders of previous years by deporting them over red tape and what-not.

Why would he desert. Why not just quit his job. Even if it was a contract they don't last a long time. Or just try and kill himself like my friend in the army did, you get an honorable discharge.

[QUOTE=Aman V;29064799]Why would he desert. Why not just quit his job. Even if it was a contract they don't last a long time. [/QUOTE] deserting is like quitting your job in the military genius you can't quit the military until your time is up.

[QUOTE=bobste;29064829]deserting is like quitting your job in the military genius you can't quit the military until your time is up.[/QUOTE] Yep. You sign a contract putting your life in danger and you can't get out of it. I know a lot of soldiers that are pissed off because they signed a contract for 6 years not for national security but "democratic" and "humanitarian" reasons.

[B]Military Service[/B] *Away from family and friends *Can't leave until your contract/service is up *Life in danger *Restrictions on how your recreation time is spent. *Poor job prospects when you leave. *Chance of developing permanent psychological trauma. [B]Prison[/B] *Away from family and friends *Can't leave until your contract/service is up *Life in danger *Restrictions on how your recreation time is spent. *Poor job prospects when you leave. *Chance of developing permanent psychological trauma. I guess you get paid + get to shoot guns, but that's about it?

Y'know JLea rather than presenting an entirely one sided view on the military you could include things like Protecting your country Stealing oil Killing terrorists who could (potentially) harm loved ones back home Going to far off exotic lands Firing guns Making friends who will never leave you Bettering yourself for the rest of your life

[QUOTE=Aman V;29064799]Why would he desert. Why not just quit his job. Even if it was a contract they don't last a long time. Or just try and kill himself like my friend in the army did, you get an honorable discharge.[/QUOTE] I just want to say that you're a terrible poster and that you should stop doing it. Seriously? Trying to kill yourself is better than deserting? You're a joke.

[QUOTE=Zeke129;29065002]I just want to say that you're a terrible poster and that you should stop doing it. [B]Seriously? Trying to kill yourself is better than deserting? You're a joke.[/B][/QUOTE] If you "try" to kill yourself you're branded as mentally unstable (Section 8), if you're mentally unstable they give you an honorable discharge. It's insane, sure, but I can see it being an alternative to desertion. Desertion is a much more serious offense then AWOL, and carries the following possible sentences: [quote] (1) [I]Completed or attempted desertion with intent to avoid hazardous duty or to shirk important service[/I]. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. (2) [I]Other cases of completed or attempted desertion[/I]. [LIST] (a) [I]Terminated by apprehension[/I]. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. [/LIST] [LIST](b) [I]Terminated otherwise[/I]. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. [/LIST] (3) [I]In time of war[/I]. Death or such other punishment as a court-martial may direct.[/quote]

[QUOTE=Canuhearme?;29065025]If you "try" to kill yourself you're branded as mentally unstable (Section 8), if you're mentally unstable they give you an honorable discharge. It's insane, sure, but I can see it being an alternative to desertion.[/QUOTE] No it isn't, faking a suicide attempt as an alternative to deserting trivializes people with actual mental health problems. And if you're actually suicidal from being in the military, deserting is a much better option than actually trying to kill yourself.

[QUOTE=Lust;29064996] Protecting your country [/QUOTE] Ahh yes, protecting your country from what exactly? [QUOTE=Lust;29064996] Stealing oil [/QUOTE] How is that a good thing... [QUOTE] Killing terrorists who could (potentially) harm loved ones back home [/QUOTE]Killing "terrorists (civilians)" is only going to make them more pissed off at you, and lead to further radicalization. [QUOTE] Going to far off exotic lands [/QUOTE]Sure is fun in the desert. If you do manage to get deployed to Japan/Germany you're a lucky guy. [QUOTE] Firing guns [/QUOTE]I already said that. [QUOTE] Making friends who will never leave you [/QUOTE]Untill they die from an IED / Get their legs blown off. Besides, you can meet great people anywhere. [QUOTE] Bettering yourself for the rest of your life [/QUOTE]The same could be said about any job. You might never leave the military life behind, and force it onto your loved ones with your weird sleeping schedules and harsh discipline.

March into the CO tent and tell everyone to fuck themselves. Unless dishonorable discharge is not received, repeat. Profit. Also this person might have deserted because he feels that the whole war is wrong and he doesn't WANT to fight for america. [QUOTE=Lust;29064996] Killing terrorists who could (potentially) harm loved ones back home [/QUOTE] Btw this might potentially bite you in the ass later because it might inspire more people to join the terrorist movements.

[QUOTE=Canuhearme?;29065025] Desertion is a much more serious offense then AWOL, and carries the following possible sentences:[/QUOTE] None of that changes the actual morality of his actions

going into the military is a dumb decision anyways

[QUOTE=Falchion;29065130] Also this person might have deserted because he feels that the whole war is wrong and he doesn't WANT to fight for america.[/QUOTE] The article explains why he did it, he developed PTSD and couldn't go back. To kind of reference what Canuhearme posted, why is developing PTSD not considered mentally unstable? They should get an honourable discharge for that instead of having to try and kill themselves.

[QUOTE=JLea;29064951][B]Military Service[/B] *Away from family and friends *Can't leave until your contract/service is up *Life in danger [highlight] *Restrictions on how your recreation time is spent.[/highlight] - When you're on leave you can do whatever the fuck you want [highlight]*Poor job prospects when you leave.[/highlight] - you do know that the majority of the military aren't grunts right *Chance of developing permanent psychological trauma. [highlight]*Massive college aid *Veterans Affairs *Pensions *Military discounts [/highlight] [B]Prison[/B] *Away from family and friends *Can't leave until your contract/service is up *Life in danger *Restrictions on how your recreation time is spent. *Poor job prospects when you leave. *Chance of developing permanent psychological trauma. I guess you get paid + get to shoot guns, but that's about it?[/QUOTE] left out a few things didn't ya

[QUOTE=bobste;29065165]left out a few things didn't ya[/QUOTE] I still personally feel the negatives of joining the military far outweigh the positives Maybe not the Coast Guard but the coast guard here is a civilian organization

Also you have to kill for some dumb ass fucks in washington.

[QUOTE=JLea;29064951][B]Military Service[/B] *Away from family and friends *Can't leave until your contract/service is up *Life in danger *Restrictions on how your recreation time is spent. *Poor job prospects when you leave. *Chance of developing permanent psychological trauma. [B]Prison[/B] *Away from family and friends *Can't leave until your contract/service is up *Life in danger *Restrictions on how your recreation time is spent. *Poor job prospects when you leave. *Chance of developing permanent psychological trauma. I guess you get paid + get to shoot guns, but that's about it?[/QUOTE] That's a terrible comparison.

[QUOTE=Zeke129;29065176]I still personally feel the negatives of joining the military far outweigh the positives[/QUOTE] it's not for everyone.

[QUOTE=bobste;29065212]it's not for everyone.[/QUOTE] Definitely not. I do wish that more people would research what they're signing up for though. Not just the benefits and what you'll have to do but the current political climate to make sure you aren't signing yourself up for an unjust war

[quote]Untill they die from an IED / Get their legs blown off. Besides, you can meet great people anywhere.[/quote] You weren't in the military. That experience makes you bond with people in a far deeper sense than with people in civilian life. Ask anyone who was at combat.

Were you?

[QUOTE=JLea;29065328]Were you?[/QUOTE] yes

So was I

[QUOTE=JLea;29065362]So was I[/QUOTE] what happened to you during your service that shaped your opinion like that? why did you join it in the first place (assuming you're american)?

[QUOTE=Bugdan Sujow;29065358]yes[/QUOTE] Aren't you like 16 ohadje? The limit is 18 for Israel iirc

[QUOTE=Bugdan Sujow;29065369]what happened to you during your service that shaped your opinion like that? why did you join it in the first place (assuming you're american)?[/QUOTE] .... [QUOTE=Starpluck;29065384]Aren't you like 16 ohadje? The limit is 18 for Israel iirc[/QUOTE] oh lol its ohadje

[QUOTE=JLea;29065410]....[/QUOTE] You join the Aus reserves or something? I didn't think you were that old?

Yeah but I didn't like it. It was actually pretty good in retrospect compared to the US military, but I've got 2 friends in the Army ATM and they think it's pretty bad. I think they come to Melbourne like twice a year and they aren't even deployed. They spend the rest of their time up in Darwin doing nothing.

This is stupid. The guy signed up for service. Nobody [b]forced[/b] him to join the military; we have no active draft in the US. He should have either did the time he put himself in for or stayed at home.