Gerard Kennedy

Bill to require Harper government to honour Canadian sensibility on Iraq War

(Ottawa) A private member’s bill being debated for the first time today asks MPs to legislate a Canadian outlook on the Iraq War with respect to war “resisters” who left the American armed services in a crisis of conscience over the controversial conflict.

Parkdale-High Park MP Gerard Kennedy introduced Bill C-440 the War Resisters Act last September in order to contain ongoing efforts by the Harper government to deny fair consideration to an estimated 200 ex-American soldiers in Canada. If passed, the bill would change the law to stipulate that “conscientious objectors” from the Iraq War and their families would be eligible for consideration as permanent residents.

“This is another case of Harper government behaving above the will of parliament and putting itself above the will of Canadians,” said Kennedy. “Canadians have their own sensibility about the Iraq War and about conscientious objectors and it must be respected.”

Current Canadian law permits foreigners to appeal for humanitarian and compassionate consideration of their circumstances. In June 2008 and March 2009, the House of Commons passed motions to accept American Iraq War resisters. The Harper government has instead rejected all requests, has publicly disparaged resisters (and thereby interfered with their chances of fair hearings) and continued with deportations that have resulted in harsh penalties for returnees to the United States.

Canada accepted an estimated 50,000 Americans who disagreed with the Vietnam War in the 1960’s and 70’s , including 10,000 enlisted military personnel who like today’s war resisters left the U.S. services in reaction to the kind of war they were asked to participate in.

Nearly two-thirds of Canadians want American Iraq war resisters to be allowed to stay in the country, according to a 2008 Angus Reid poll. “We are calling on the Harper government to guarantee no further deportations until Parliament has had its opportunity to pronounce on this bill,” stated Kennedy.

The Iraq War was a special circumstance in many respects: the Canadian government chose to not support it; the United Nations refused to sanction it (distinct from Afghanistan); and the conduct of the war was subject to many irregularities now well recognized in the United States.

Bill C-440 only opens the door to permanent residence for U. S. war resisters, who are then still subject to financial and criminal and medical inadmissibility requirements.

Depending on the parliamentary schedule the Bill should have its 2nd reading vote in September 2010.

Should someone be imprisoned for sharing the views of most Canadians on the Iraq War? That is the question being posed in part by my Bill C-440, soon to be considered at second reading in the House of Commons.

Parliament has voted twice to let Iraq war resisters from the United States stay in Canada. Now the Federal Court of Appeal has added its voice to the debate.

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