Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Immigration law - Convention refugee - Refugee protection - What is the proper interpretation of paragraph 170-171 of the UNCHR Handbook for Determining Refugee Status? - Can evidence that a military action was initiated in violation of the United Nations Charter or other norms of public international law be relevant in determining whether that action is condemned by the international community as contrary to basic rules of human conduct? - In order to successfully claim refugee status, may a soldier validly object to participating in a given war or military action where there is a real possibility that he will be called upon to commit violations of international humanitarian law or is he or she required to show that it is probable that such acts will be required and that such acts are systematic or condoned by the authorities? - Where a state’s laws prevent access to the judiciary or other independent tribunal for the purposes of determining a critical issue in a claim to conscientious objector status, is it objectively reasonable to require the objector to seek protection from the executive in that state?

The Applicant was a Private in the United States Army. He opposed the war in Iraq believing that it was both illegal and immoral. After learning that his unit would be deployed to Iraq, the Applicant deserted the military and came to Canada, where he made a claim for refugee status. The Immigration and Refugee Board refused the Applicant’s claim for refugee status finding that he was neither a Convention refugee nor a person in need of protection. The Applicant’s application for judicial review of the Board’s decision was dismissed by Mactavish J. of the Federal Court of Canada. His subsequent appeal to the Federal Court of Appeal was also dismissed.