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Canada cools to resisters of US's Iraq War. What's changed since Vietnam?

Roughly a decade after fleeing to Canada to avoid fighting in the 2003 Iraq war, an estimated two dozen former US soldiers are still fighting to gain legal status. 

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AP Photo/Lexington Herald-Leader/Charles Bertram
Darrell Anderson, then 22, listens to fellow war resisters at an anti-war rally called "Soldiers Say No to War and Occupation in Iraq," at the University of Toronto, in Toronto, Ontario, Canada, March 1, 2005.

For Joshua Key, the final straw was watching his colleagues kick around decapitated heads like soccer balls.

Key, a former US soldier, served as a combat engineer in Iraq in 2003 before deserting while on a two-week furlough due to the聽 that he witnessed during his deployment.

He then fled to Canada in 2005, where he applied for refugee status. His request was denied in 2006, but a federal court judge ordered the refugee board to review his bid for asylum. In 2010, he was rejected again and applied for spousal sponsorship with his Canadian wife, the outcome of which he still awaits.

Key's story is not unusual. For many soldiers who disagreed with the 2003 invasion of Iraq, Canada seemed a logical destination 鈥 after all, the country welcomed roughly 50,000 American draft dodgers during the Vietnam War. However, Iraq resisters soon discovered that legally staying in Canada would be more difficult than they anticipated. Today, an estimated two dozen former US soldiers who fled north in resistance to the 2003 war remain in Canada, fighting for the legal right to stay.聽

According to , only a small fraction of deserters are prosecuted: from 2001 to 2013 1,866 out of 35,598 of those charged with deserting were prosecuted. However, Iraq war resisters who return to America are likely to face prison sentences.聽

Cliff Cornell, who lived in British Columbia for four years after abandoning his unit before it deployed to Iraq in January 2005, was聽sentenced to one year聽after voluntarily. Robin Long, who also fled to British Columbia in 2005 after abandoning before deployment, was deported in 2008, found guilty of desertion, and in prison. Kimberly Rivera, who deserted while on leave and moved to Toronto to avoid a second tour in Iraq in 2007, was after returning to the US voluntarily in 2013.

Key's odds aren't good: No Iraq war resister who has filed a claim to legally stay in Canada over the past 10 years has been successful thus far. Between聽September and December 2014 alone, eight applications from war resisters to stay in Canada as permanent residents, on humanitarian and compassionate grounds as well as spousal sponsorships, were denied, and four war resisters received removal orders.聽

This cooler welcome is due in part to the fact that these resisters are deserters聽"who volunteer to serve in the armed forces of a democratic country and simply change their mind to desert," as opposed to the Vietnam draft dodgers, who never chose to be involved with the military, immigration minister Jason Kenney in 2009. "And that鈥檚 fine, that鈥檚 the decision [the deserters] have made, but they are not refugees.鈥

But politics may also play a role. Some Iraq war resisters and their supporters attribute their struggles to the politics of Prime Minister Stephen Harper and the Conservative Party, which has led Canada since 2006.聽In 2010, the government issued an operational bulletin that flags war resisters as potential criminals, which has led critics to challenge the government鈥檚 claim that applications are assessed on a case-by-case basis.

The government maintains that the deserters may be inadmissible for refuge in Canada due to sections of the Immigration and Refugee Protection Act which apply to anyone convicted of offenses outside Canada that could result in prison terms of 10 years or more if committed in Canada.聽Desertion in Canada is punishable by up to life in prison.

鈥淢ilitary deserters from the United States are not genuine refugees under the internationally-accepted meaning of the term,鈥 R茅mi Larivi猫re, a spokesperson for Citizenship and Immigration Canada, told the . 鈥淭hese unfounded claims clog up our system for genuine refugees who are actually fleeing persecution."

With a national election coming up in October, resisters are hopeful that a Liberal Party win could turn things around.聽

To avoid deportation in the meantime, some have turned to drastic measures. One former US soldier, Rodney Watson, living in a small room inside a church, where he invoked the protection of sanctuary. As long as he stays within the walls of the church,聽Canada Border Services Agency officers cannot arrest him.聽

Watson and his fellow deserters also receive support from Canadian civilian groups such as the War Resisters Support Campaign, which was founded in 2004 to assist US military personnel who came to Canada seeking asylum from the 2003 Iraq war. A number of Vietnam draft dodgers who currently live in Canada have also been outspoken in urging the government to stop the deportation of Iraq war resisters.聽

One, Dick Cotterill, that he is "deeply troubled" by these deportations.聽

"The decision to face probable imprisonment and a criminal record can only be reached when one feels that the burden of participating in an illegal and immoral war is greater," Mr. Cotterill writes. "The fact that these young people have made it to Canada is a testament to their strength and mental fortitude. I say 'Let Them Stay.' They will make good citizens."

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