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To Thine Ownself Be True

Thursday, December 09, 2004

Draft-age Americans and their kin will no doubt be interested in the fate of Jeremy Hinzman, a former paratrooper who deserted from the 82 nd Airborne Division after his application as a non-combatant conscientious objector was turned down. Mr. Hinzman is now in Canada seeking asylum. He is arguing that U.S. soldiers committed war crimes in Iraq, and he would likely have been compelled to do so had he not deserted. To succeed in his claim, he will have to convince the Immigration and Refugee Board that he has a well-founded fear of persecution by the U.S. Government if he is forced to return to the U.S.Between 1965 and 1973, more than 50,000 draft-age Americans made their way to Canada, refusing to participate in an immoral war.

Under the leadership of then Prime-Minister Pierre Trudeau they were welcomed in Canada. Once again Canada must choose whether to grant asylum to those who follow their conscience and refuse to fight in the war in Iraq - a war which many believe to be illegal under international law.

The Canadian Charter of Rights and Freedoms guarantees everyone (including foreign nationals in their dealings with Canada) the freedom of conscience and religion. Should Mr. Hinzman's asylum request be refused initially, he can appeal all the way to the Supreme Court of Canada and eventually to the federal cabinet. The Canadian Supreme Court is considered progressive by some and radical by others.

It recently handed down an exquisite decision (Syndicat Northcrest v. Amselem, 2004 SCC 47) giving wide berth to the meaning of religious freedom in Canada. This augurs well for Mr. Hinzman and for many others who fear it is only a matter of time before the U.S. institutes a draft.

Blog written by David Cohen

Plan B

Sunday, December 05, 2004

For a brief time in the mid 1980's I resided in that jewel of a city, Hong Kong. The Sino-British Joint Declaration had just been signed, meaning that Hong Kong would revert to the control of China in 1997. Brits being Brits, they at the same time let it be known that henceforth most holders of British Hong Kong passports would not be permitted to reside in the U.K. There was a palpable sense of angst in the air as the city's five million inhabitants weighed their options.

Here was the dilemma. Hong Kongers, by and large, loved their city and regarded most any other place on Earth, as you might consider Podunk. Yet, forces beyond their control had created some serious risk thirteen years down the pike, if they stayed put. The foreboding soon gave way to plans of action as the people of Hong Kong realized they had been granted a reprieve. Their salvation lay in Canada.

Not willing to miss an opportunity, back then our country offered a haven to anyone who could afford it. They could dump some dollars into La Belle Province, pick-up a Canadian permanent resident visa and live, or pretend to live, in Vancouver. Presto! three years later they obtained Canadian passports. Those were heady days for immigration lawyers. It was reported that one enterprising solicitor amassed a fortune of forty million dollars by concocting ways to beat the system, even as some senior partners at his venerable Toronto law firm looked the other way.

Unfortunately, the alleged schemer fell, jumped, or was pushed from a downtown high-rise and most of the juicy details were buried with him. If you want more details on that sordid affair and other maneuverings by pinstriped Canadians, I suggest you read "Gut Instinct: The Making of an Investigative Journalist" by Victor Malarek. But I digress... Here's the point. It's not that Hong Kongers wanted to emigrate. In daily conversation, the phrase "immigrating to Canada" was commonly referred to as "going to jail". But that didn't stop them from putting "Plan B" in place -- just in case. If Hong Kong was going to hell in a handbasket, they had their exit strategy at the ready. Now fast-forward twenty years:

The following stories were gleaned from my local newspaper a couple of days ago.

In his resignation speech the Director of Homeland Security, Tom Ridge, announced that we have to be right 100% of the time… they need only be right once… an impossible task. Shopping mall security guards were instructed by the authorities to make eye contact with shoppers, and look for either extremely focused people, or those who won't return a look. No further recommendations were offered as to what action should be taken against the poor schlep who diverts his glance. We can only imagine. You're thinking a shopping mall in a Tel-Aviv suburb? No, a shopping mall outside Hartford, Conn.

The ACLU joined with dozens of activist groups in demanding information about federal counterterrorism surveillance efforts, alleging that the FBI and local police departments have targeted peaceful protest groups and law-abiding citizens for scrutiny based on their political beliefs. And that's one day's news. Some Americans have made, or are making plans in the event that... happens. What about the rest of America? What more has to happen before they adopt Plan B? Chinese civilization and culture dates back to 2200 B.C. With age comes wisdom. The Pilgrims came to New England less than 400 years ago. With youth comes a sense of immortality.

Blog written by David Cohen