Sunday, July 20, 2008

Extradition passed off as 'deportation'

"A good person and sort of a gentle soul" is how Sarah Bjorknas described US war resister Robin Long to Chris Cook (Gorilla Radio) last Monday. Monday was when a 'judicial' hearing was heard on whether or not Robin should be removed from Canada. Removed?


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Robin enlisted in the military and was disturbed by what he heard from service members returning to the United States. He noted that they showed off photos of their 'first kills' and spoke deliriously of the illegal war. Not able to participate in an illegal war, Robin self-checked out. He went underground in the US. Then, in June he visited Canada with friends and decided to stay. He spoke with the CBC October 2nd and explained how he reached his decision to say "no" to the Iraq War:





Because I feel the war in Iraq is an illegal war of aggression and it's an indiscriminate killing of the Arab people and I believe it's all for lies and the wrong reasons so I couldn't with good conscience take part in that conflict. . . . When I joined the army, I thought that the war in Iraq was a good thing. I was lied to by my president. The reasons that were given, I thought they were valid. But just because I joined the army didn't mean I abdicated my ability to evolve intellectually and morally and what I saw in the independent media and even in mainstream media changed my view of what was going on over there and based on what I had learned I made a decision to desert. . . . When people coming back from Iraq were proud of what they had done, bragging about killing people and showing me pictures of their first kill with big smiles on their faces and that just didn't sit right in my stomach. So I made the decision then. That was probably the turning point right there.



Robin was arrested last year in Nelson. The reason? He was "couch-surfing" while looking for work and the Canadian Board of Immigration and Refugees had mailed him something that did not reach him. For that, he was arrested. (The unofficial explanation includes implications that the US military was beyond the arrest.) He was released -- after public outcry. But he was on notice and watched closely. Though they now knew how to contact him, they kept Robin out of the loop on the status of his case.



Before we get to that, let's drop back to Robin's life in Canada. Petti Fong (Toronto Star) spoke with War Resisters Support Campaign - Vancouver's Bjorknas who explained, "In Ontario, where he lived for a time, Long was engaged to be married and had a child, according to Sarah Bjorknas, one of his supporters. About 50 American deserters are currently making refugee claims to stay in Canada, said Bjorknas, and a couple of hundred are presumed to be living quietly underground." Robin and Renee had a child (the child and Renee are Canadian). We're staying on that point and there's a reason why. Last week, two other reports also noted the child. Heath Druzin (Idaho Statesman) reported, "Long, who has a child with a Canadian woman, has been considered absent without leave since he fled the U.S." Monique James (KTVB) noted, "He's been living in British Columbia for the past three years and has a two-year-old son there. Long's sister, Christine, says she fears for her brother now that he's back in the U.S. 'When I heard what was going on I'm kind of freaked out because he's my brother, I don't want anything to happen to him,' said Christine Long."



While in Canada, Long spoke often of his child to the press. It's not a minor issue. On Monday, a 'judicial' hearing was presided over by Judge Anne Mctavish who should have known the law and Robin's personal history. In deciding to expel Robin from Canada, she broke up a family. As appalling as that is, it's also against the code and regulations from immigrants. As the father of a young child, Robin should not have been expelled.



But Judge Mctavish loves making her up own laws. She's never bothered by what's actually on the books and creates a policy wily-nily.



Which explains what happened.



It is not an offense in Canada to desert the US military. No US treaty with Canada covers extraditing deserters. The general consensus is that Robin was "deported." He was extradited. Mctavish calls it deported because if she'd termed it extradition, it would have opened up more legal avenues for Robin and, most likely, resulted in a stay of any decision she might reach because extradition is a very serious matter.



Long before the hearing took place, Mctavish ordered Robin imprisoned. Mctavish's 'reasons' for doing so was that she'd determined Robin to be a "flight risk." A flight risk?



In a deportation case, a flight risk isn't a bad thing. A flight risk that follows through means the government saves time and money on legal matters because the issue is resolved by the person leaving the country. Her labeling Robin a "flight risk" was the first tip-off that she was attempting something other than deportation.



Deportation? US citizen Alice goes to Greece. Alice decides she wants to stay there. The government decides they don't want her to stay there. They can deport her. For any number of reasons, they can deport her. Deportation does not mean that Alice is returned to the US. She's being deported and all that means is she has to leave Greece. She can choose to go to Italy from Greece, to Japan, to Mexico, to anywhere she wants because deportation is not about a crime committed, it's stating, "We don't want you and you have to leave."



Robin was kept away from friends, family and attorneys while he was imprisoned. If he gave the call (a big if) that he wanted to go back to the US, he did so without having access to counsel. We're told he didn't make that call and was led to believe that was the only option. It wasn't. Sarah Bjorknas explained to Cook that "they have him and we don't know precisely where he is. They don't have to tell us where and when they move him anywhere including across the border."



Robin wasn't merely taken the border or airport and released. He was turned over to the US military. That's extradition.



And it's illegal extradition because (repeating) it is not a crime in Canada to desert the US military and no treaty between Canada and the US calls for Canada to turn over deserters.



Judge Mctavish spit on the law and spit on Canadian sovereignty.



She ignored Canadian Judge Robert Barnes decision regarding Joshua Key's claims for refugee status issued on the Fourth of July as well as the motion the House of Commons passed June 3rd. She ignored the Canadian parliament. She and Stephen Harper's Conservative Party ignored it when Canada's New Democratic Party issued the following immediately after her decision:



NDP MP Bill Siksay (Burnaby-Douglas) is calling on the Conservative government to stop the deportation of American Iraq war resister Robin Long, scheduled for today.

"Stockwell Day, Diane Finley and Stephen Harper should respect the will of Parliament and the Canadian people and stop this deportation immediately," said Siksay. "The House of Commons has passed a motion supporting a special programme that would allow conscientious objectors who refuse to serve in the war in Iraq to remain in Canada. The government must respect this action by the House and stop deportation action against Robin Long and other Iraq war resisters.

"The Standing Committee on Citizenship and Immigration reported to the House of Commons about the need for such a programme, and on a motion moved by MPs Olivia Chow and Siksay, the House concurred in that report.

"The Canadian government and the Canadian people do not support George Bush's illegal war in Iraq. We must have the courage of those convictions and back them up by ensuring that Americans who take a stand against that war receive a welcome in Canada," noted Siksay."Robin Long must be allowed to stay," Siksay concluded.



While Robin was denied the right to consult with or visit friends, family, supporters or attorneys, Mctavish was overseeing contact with the US military. She knew what was going on and she okayed it. She also should have known that she was now presiding over an extradition and not a deportation.



She should have advised Long's attorneys of that fact but to call it extradition would have meant higher checks on her decision would have kicked in and Mctavish couldn't have that and also rush to extradite Robin.



So she called it a deportation. After her 'sentence,' Robin was still denied contact. No one could know when he was 'leaving' Canada -- no one except the US military he was turned over to.



Robin became the first US war resister of the Iraq War to be 'deported' from Canada. It was big news. Ian Austen covered it for The New York Times, Greg Quinn (Bloomberg News), CBC, Dan Slater (Wall St. Journal), Candace Heckman (Seattle Post-Intelligencer) and AP were among the outlets covering it. Panhandle Media had other things to do. Though KPFA's The Morning Show announced they would be covering on Thursday's broadcast, they never did. Amy Goodman reduced it to an insultingly brief 'headline' -- less time than she gives to any number of her vote-for-Barack nonsense she tries to pass off as 'news.' It allowed Mctavish and others to hide behind the secrecy they began and the US military carried out. Long was going back to Fort Carson, he was physically turned over to the US on Tuesday. All week long, reporters would attempt to figure out whether he'd arrived at Fort Carson or not. Late Friday afternoon, OPB (Oregon Public Broadcasting) reported: "A U.S. Army deserter who was expelled from Canada earlier this week is being escorted back to his post under police guard Friday." Breaking the silences, Amy Goodman? Try imposing them.





Courage to Resist explains, "Courage to Resist has made civilian legal representation available to Robin and will be doing everything possible to provide him our full support. We plan to collaborate with many other groups in our efforts to help Robin in the coming weeks. Refusing to fight in an illegal war is not a crime--except under the Uniform Code of Military (In) Justice."