Canada Court Favor U.S. War Deserter

The Federal Court of Canada has recently ruled in favor of another United States war resister, while ordering the case of Jules Tindungan to be returned to the Immigration and Refugee Board. Tindungan’s lawyer, Alyssa Manning, pointed out that this is almost the 11th time since 2008, that Canadian courts have ruled in favour of U.S. war resisters.

Although Manning alleged that this is the first time that the courts were not only convinced by evidence, while adding that the suspects would have not gotten any treatment in the U.S. due to an outdated military justice system, along with the fact that punishment gets tougher the more vocal and political the deserter. She added that, in this particular, the court was compelled by evidence that the U.S. military has violated international conventions on warfare. Manning highlighted her concern that she is not convinced that the ruling will automatically result in asylum of the dozens of U.S. war resisters who aren’t already been deported and subsequently imprisoned, hence still reside in Canada due to the intervention of Immigration and Refugee Board (IRB) or Citizenship and Immigration.

Manning mentioned that “It’s definitely a good decision from the war resister’s perspective given the clear direction the court does provide to immigration decision makers and I think that legally, the evidence is very clear that these men and women meet the test for somebody who is entitled to refugee protection.”

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