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Archive For Entries On Armed forces

Hinzman v. Canada: Iraq resister wins the battle but not yet the war

The Federal Court of Appeal’s recent judgment in Hinzman v. Canada (Minister of Citizenship and Immigration), 2010 FCA 177 is a decisive, if transitory, victory for American Iraq war resisters seeking refuge in Canada. Transcending the narrow theme of conscientious objection, the decision simultaneously provides authoritative guidance on the standards expected of administrative decision-makers, the [...]

The Potential Costs of Going to War over the Afghan Detainee Issue

If there is one benefit of having a minority government in Ottawa, it’s that some aspect of constitutional theory actually gets put into practice. As any political science major (and law student) should know, the federal government is accountable to Parliament. Of course, in a majority government this is somewhat of an academic exercise, since [...]

SCC not the end of the road for war resisters

For most people hoping to be heard by the Supreme Court, the denial of leave marks the end of their legal battle. However, for the American soldiers who have fled to Canada in an attempt escape the horrors of fighting in a war with which they fundamentally disagree, the denial of leave has only changed [...]