Lesbian Deserter Seeks Refugee Status

Ryan - I have to disagree with you. Here is a woman who will face jail time in the United States for deserting the military when that very military under their own law should have expelled her for coming out as a lesbian, but they didn't. On this basis alone she meets the requirements to file for refugee status in Canada. Not to mention the fact that queer people in the U.S. are treated as second class citizens in well over half of the country. The USA only repealed sodomy laws nationwide in 2003 - the same year B.C. and Ontario legalized same-sex marriade and over 30 years after Canada repealed its sodomy laws. This case won't exactly set precedent because I'm not sure how many people you have who have joined the U.S. military come out, not been expelled even though DADT is in effect, and then have runaway to Canada. I think it's a rare occurance.

Ryan - I have to disagree with you. Here is a woman who will face jail time in the United States for deserting the military when that very military under their own law should have expelled her for coming out as a lesbian, but they didn't. On this basis alone she meets the requirements to file for refugee status in Canada. Not to mention the fact that queer people in the U.S. are treated as second class citizens in well over half of the country. The USA only repealed sodomy laws nationwide in 2003 - the same year B.C. and Ontario legalized same-sex marriade and over 30 years after Canada repealed its sodomy laws. This case won't exactly set precedent because I'm not sure how many people you have who have joined the U.S. military come out, not been expelled even though DADT is in effect, and then have runaway to Canada. I think it's a rare occurance.

The last thing the Canadian government and its immigration and refugee courts needs is to set a precedent that favours American war deserters. We cannot provide a safehaven for American "refugees". If Canada accepts American nationales as refugees - joining the thousands of other real refugees we take in every year - then it sends a message that we believe the US is land that commits high crimes against its own citizens. That's not a message we'd like to send. It's a diplomatic assault on our #1 ally. No other nation takes in Americans as refugees, why would Canada? We're not stupid. I agree GLBT soldiers face vulgar levels of disrimination. And I'm not exactly gung-ho about the neverending military campaign in Afghanistan. But there are better way to change nasty policies within the United States than running away. I can't imagine the tormet and distress that Ms. Smith has endured, but her story will not likely inspire an accepted refugee claim by Canada. And it shouldn't.

The last thing the Canadian government and its immigration and refugee courts needs is to set a precedent that favours American war deserters. We cannot provide a safehaven for American "refugees". If Canada accepts American nationales as refugees - joining the thousands of other real refugees we take in every year - then it sends a message that we believe the US is land that commits high crimes against its own citizens. That's not a message we'd like to send. It's a diplomatic assault on our #1 ally. No other nation takes in Americans as refugees, why would Canada? We're not stupid. I agree GLBT soldiers face vulgar levels of disrimination. And I'm not exactly gung-ho about the neverending military campaign in Afghanistan. But there are better way to change nasty policies within the United States than running away. I can't imagine the tormet and distress that Ms. Smith has endured, but her story will not likely inspire an accepted refugee claim by Canada. And it shouldn't.

I don't believer this deserter for a second. She is simply trying to get out of the military and found a scapegoat of a defense. I hope they drag her butt back here and give her five years in the stockade for being a deserter. Loser! Coward! And yes before anyone ask I am a female who proudly served for 20 years and felt damn glad doing it.

I served in the Active Army for several years...it's almost impossible to get kicked out when a war's going on. They need bodies, it's that simple. The Army also REGULARLY ignores their own rules when it serves the unit. In fact, I've NEVER seen more SHADY behavior ANYWHERE than when I was serving in the Army. As far as her desertion...well, it's not legal, that's for sure, since 'nobody forced her to sign her name to the contract' (<---stupid-ass Army), so she must abide by her end of the contract, even if they aren't abiding by theirs. However, given her circumstances she may get away. It took me two years to get kicked out of the Army successfully and it wasn't until I had spent 15+ months in Baghdad. I could have deserted, but I'm a warrior, better than they will ever have. =0P

I don't know enough about the Private's story to make an informed opinion but growing up military I can say that it's not that unbelievable. There have been a lot of gains in military policy regarding harrassment but there is still a long way to go. I have female friends serving in Afghanistan and Iraq now who have been subjected to mistreatment solely on the basis of gender. It's worse over there because once you're there you're stuck; I'm sure that Private Smith knows that which is why she doesn't want to go. CO's do overlook complaints or don't respond accordingly if they do believe a soldier has acted inappropriately. Units do police their own sometimes acting with a supervisor's okay. If she has letters that prove her case, I think she should be granted a discharge. The saddest part about DADT is the hypocrisy its enforcers use to determine who stays and who goes. The armed services are not a perfect organization but they have the ability to do a lot of good.

I don't know enough about the Private's story to make an informed opinion but growing up military I can say that it's not that unbelievable. There have been a lot of gains in military policy regarding harrassment but there is still a long way to go. I have female friends serving in Afghanistan and Iraq now who have been subjected to mistreatment solely on the basis of gender. It's worse over there because once you're there you're stuck; I'm sure that Private Smith knows that which is why she doesn't want to go. CO's do overlook complaints or don't respond accordingly if they do believe a soldier has acted inappropriately. Units do police their own sometimes acting with a supervisor's okay. If she has letters that prove her case, I think she should be granted a discharge. The saddest part about DADT is the hypocrisy its enforcers use to determine who stays and who goes. The armed services are not a perfect organization but they have the ability to do a lot of good.

In response to the frequent barrage of requests to "support the troops" that have been shoved in my face over the last decade, I say that I support those who support me.

Jessica, I am simply stating that I don't believe her story. Yes, I do believe that there was abuse, just not to the extent to which she is saying. The accusations are too large to have so many holes. How long was she abused? Why didn't she file continual reports about the abuse? If the sergeant was contributing to the abuse, why didn't she go over his head? Too many questions abound. When one joins the military today, it should be expected that you will serve. To not get a discharge when you ask for it does not make you 'cannon fodder'. It means you remain a soldier until the discharge comes through. Again, if the sergeant was not following the rules, he should have been reported. I say again that I am not a fan of the military; but it is a necessary evil. And while serving, a person makes a conscious decision to follow the rules. Desertion is not a valid solution.