Jeremy Hinzman: Well, essentially, it turns our lives upside down. We [wife Nga Nguyen], as you said, just had a baby [daughter Meghan]. Our son [Liam] knows nothing else aside from Canada. And if we do go back, which it's looking like, I will undoubtedly be court-martialed and serve some time in jail.
Juan Gonzalez: Is there any appeal process left to you yet that might delay the September 23rd deadline?
Jeremy Hinzman: There is. It's not guaranteed that we'll be granted leave to appeal, but if my lawyer can find errors in the compassionate and humanitarian decision that the Canadian Border Services rendered, then we can--we can appeal. But there's no guarantee that the court will grant us leave.
Juan Gonzalez: And what were the arguments the court used in rejecting your appeal?
JEREMY HINZMAN: Well, in a compassionate and humanitarian case, you need to show that there would be undue hardship if you returned to your country of origin, and we--and you also need to show that you've been established in Canada and can live independently. And we did that. In the decision, the officer said we've established ourselves well in Canada. We haven't been a hindrance to the social assistance programs. But he said that wasn't enough for us to stay. He said the US has a fair justice system. My First Amendment right to free speech is protected. And they also mentioned that--for whatever reason, I don't know--they mentioned George Bush's No School Left Behind program to say that our son would be able to get a good education. I found that kind of humorous.
Did the government mention daughter Meghan? Or was the 'assessment' written before Nga gave birth? It's not a minor question. Meghan is a Canadian citizen and the immigration 'board' is supposed to weigh additional guidelines when considering the status of any applicant who is the parent of a Canadian citizen.
One of the best signs last week was seeing how many articles and how many spokespeople raised the issue of Meghan. Robin Long's child was not raised by the press or most spokespeople until after he had been extradited. Judge Anne Mactavish called it "deportation" but she actually "extradited" Robin and did so with complete disgregard of all rules, laws and guidelines.
Did the government factor in Judge Robert Barnes' decision in Joshua Key's case? It should have been factored in, Jeremy is mentioned in Barnes' decision:
It is apparent to me that the Board in Hinzman did not have before it the kind of evidence that was presented by Mr. Key and, therefore, neither the Board nor Justice Mactavish were required in that case to determine the precise limits of protection afforded by Article 171 of the UNHCR Handbook. I do not consider Justice Mactavish's remarks to be determative of the issue presented by this case -- that is, whether refugee protection is available for persons like Mr. Key who would be expected to participate in widespread and arguably officially sanctioned breaches of humanitarian law which do not constitute war crimes or crimes against humanity.
Decisions have been flawed. That's why Judge Barnes issued his ruling. It was supposed to have an effect but it appears that it is being ignored. Reuters reported Alyssa Manning (Jeremy's attorney) is filing "a new appeal in Canada's Federal Court" and arguing that the ruling/order "did not take into account the effect on his family if he ended up in prison".
Along with ignoring the ruling, the Canadian government is also ignoring the will of the Canadian people who overwhelmingly support war resisters remaining in Canada and it ignores the will of the Canadian's elected officials: June 3rd Canada's House of Commons voted (non-binding motion) in favor of Canada being a safe harbor for war resisters. Canada's CBC noted, "Federal NDP citizenship and immigration critic Olivia Chow, who put forward the June motion, called Wednesday's decision "mean-spirited," and called on Citizenship and Immigration Minister Diane Finley to halt the deportation of Hinzman and other war resisters immediately."
The Rapid City Stevens High School (South Dakota) graduate served in Afghanistan performing noncombatant duties while he awaited news of CO status. Like many, Jeremy found that the CO process is far from fair and his application was denied.
In 2006, Peter Laufer quoted Jeremy (in the book Mission Rejected: U.S. Soldiers Who Say No to Iraq) explaining:
I object to the Iraqi war because it is an act of aggression with no defensive basis. It has been supported by pretenses that cannot withstand even elementary scrutiny. First, before the U.S. dropped the first bomb, it was quite evident that Iraq had no weapons of mass destruction. Second, the Bush administration had the gall to exploit the American public's fear of terrorists by making the absurd assertion that a secular Batthist government was working with a fundamentalist terrorist group. There was nevery any intelligence to substantiate this. Third, the notion that the U.S. wants to export democracy to Iraq is laughable. Democracy is by the people, not an appointed puppet theater.
The decision has not led Jeremy to back off from his opposition to the illegal war. AP quoted him stating, "I'm disappointed but I think that every soldier that has refused to fight in Iraq has done a good thing and I'm not ashamed." Michael Futch (Fayetteville Observer) spoke with Jeremy who declared, "I don't regret what we've done. I've had the opportunity to speak out against the war. No offense to the soldiers over there -- I have respect for them as soldiers -- but it was a bogus war based on false pretenses . . . and I'm happy to have not taken part in it."
Brett Clarkson (Edmonton Sun) quoted Jeremy stating, "Iraq was an unjust war based on false pretences, and every soldier who refused to fight probably saved a lot of lives." In another AP report last week, Jeremy explained, "I went through all the training. I served honorably in my unit. I used army provisions to try become a noncombatant and remain in the army as a medic or something, but I still would be subject to going on combat missions as a medic. I can't bring myself to shoot another person. If people want to criticize me for that, then I'm honored to be criticized because I'm not a killer."
Those are among his reasons for checking out and refusing to deploy to Iraq. May 26, 2004 was when CBS News noted, "A U.S. soldier who deserted his Iraq-bound regiment and sought asylum in Canada said the U.S. war in Iraq was illegal and he accused the United States of committing war crimes. Pfc. Jeremy Hinzman, 25, is believed to be the first U.S. soldier to apply for refugee status in Canada after refusing combat duty in Iraq." December 2004, Scott Pelley (60 Minutes II) reported on war resisters in Canada including Brandon Hughey, Dan Felushko and Jeremy Hinzman:
The first deserter to face the Canadian refugee board is likely to be Spc. Jeremy Hinzman of Rapid City, S.D. He joined the military in Jan. 2001, and was a paratrooper in the 82nd Airborne. He wanted a career in the military, but over time, he decided he couldn’t take a life.
"I was walking to chow hall with my unit, and we were yelling, 'Train to kill, kill we will,' over and over again," recalls Hinzman. "I kind of snuck a peek around me and saw all my colleagues getting red in the face and hoarse yelling -- and at that point a light went off in my head and I said, 'You know, I made the wrong career decision.'"
But Hinzman said he didn’t want to get out of the Army: "I had signed a contract for four years. I was totally willing to fulfill it. Just not in combat arms jobs." While at Fort Bragg, Hinzman says he filled out the forms for conscientious objector status, which would let him stay in the Army in a non-combat job. While he waited for a decision, he went to Afghanistan and worked in a kitchen. But later, the Army told him he didn’t qualify as a conscientious objector, and he was ordered to fight in Iraq.
Hinzman decided to take his family to Canada, where he’s been living off savings accumulated while he was in the military. Wasn't he supposed to follow orders?
"I was told in basic training that, if I'm given an illegal or immoral order, it is my duty to disobey it," says Hinzman. "And I feel that invading and occupying Iraq is an illegal and immoral thing to do."
"But you can't have an Army of free-thinkers," says Pelley. "You wouldn't have an Army."
"No, you wouldn't. I think there are times when militaries or countries act in a collectively wrong way," says Hinzman. "I mean, the obvious example was during World War II. Sure, Saddam Hussein was a really bad guy. I mean, he ranks up there with the bad ones. But was he a threat to the United States?"
Still, isn't it worth fighting to free the people of Iraq?
"Whether a country lives under freedom or tyranny or whatever else, that's the collective responsibility of the people of that country," says Hinzman.
Courage to Resist alerts, "Supporters are calling on Hon. Diane Finley, Minister of Citizenship and Immigration, to intervene. Phone 613.996.4974 or email finley.d@parl.gc.ca,"
Iraq Veterans Against the War also encourages people to take action, "To support Jeremy, call or email Hon. Diane Finley, Minister of Citizenship and Immigration, and ask her to intervene in this case. Phone: 613.996.4974 email: finley.d@parl.gc.ca." In addition to that, Canada's War Resisters Support Campaign is staging an emergency meeting this week (August 20th, Wednesday, 7:00 pm, Steelworkers Hall at 25 Cecil St.) and planning a day of action (September 13th) where "[a]ctions, demonstrations and pickets will take place in cities and towns all across Canada."