Canada's Shame: Judge Robert L.Barnes

While Canadian troops serve in Afghanistan, putting their lives on the line fighting an enemy that hides behind innocent civilians, Judge Robert L.Barnes has allowed the dishonorable, cowardly and no doubt lying war deserter, Joshua Key ---who alleged that certain mishandling of civilians occurred--- to receive asylum in Canada.

Mr Barnes said it "cannot be seriously challenged" that some of the conduct in which Key participated violated the Geneva Convention.

Josh Key alleges that during his home invasions in Iraq he witnessed episodic instances of violence and looting but also "intimidation" of households, "the absence of cultural sensitivity" in dealing with civilians, and "disrespect for human dignity.

I find it very strange how Josh Key would have witnessed anything considering that Josh was a interpreter who interrogated captives. He never fired a weapon at anyone in Iraq.

He provided NO proof for any of these claims( how could he) yet this didn't deter Judge Barnes from allowing a cowardly lying deserter refugee status in a country where honorable & courageous Canadian soldiers are fighting and dying in Afghanistan.

It is NOT for Judge Barnes to determine what acts that may have ALLEGEDLY occurred in Iraq violate Geneva Convention, nor is it sufficient grounds for his ruling.

Judge Barnes evident disdain for America, the Bush Administration and the war in Iraq has informed this ludicrous and inane decision. That is was handed down on July 4th is a slap in the face to US troops fighting in Iraq and Afghanistan, His decision is also a slap in the face to our Canadian troops in Afghanistan facing the same challenges fighting an enemy that hides among civilians, and who might possibly take some of the same and necessary actions Key's alleges he was "forced" to undertake.


Jonathan Kay, from The National Post writes:

While the Immigration and Refugee Board (IRB) had sensibly rejected Mr. Key's asylum application on the basis that the U. S. military had not sought his complicity in war crimes or crimes against humanity, Judge Barnes concluded that this was not where the line should be drawn. By his analysis, virtually any infraction of the Geneva Conventions -- which, as any soldier can report, are daily violated 100 times over by even the most conscientious fighting force, including Canada's -- can be grounds for asylum.

This apparently includes the infractions Mr. Key witnessed during his home invasions in Iraq -- including not only episodic instances of violence and looting, but also "intimidation" of households, "the absence of cultural sensitivity" in dealing with civilians, and "disrespect for human dignity."

Forget Iraq. This is the sort of thing you can see on any episode of COPS.

Judge Barnes' insulting and absurd ruling thankfully does not affect the status of Corey Glass, who served in Iraq and has been ordered to leave Canada by July 10, nor that of the lying deceitful cowardly Jeremy Hinzman and Brandon Hughey, DESERTERS who failed in their bogus refugee claims stay in Canada as conscientious objectors to the war in Iraq.

Nonetheless, his decision is utterly shameless & completely without merit.

Below is Jonathan Kay's entire piece "A Bogus Refugee" from The National Post:

Since the war in Iraq began, dozens of U. S. military deserters have come to Canada. Thanks to the Federal Court of Canada, that trickle may soon become a flood. The court's decision in the case of Joshua Key -- rendered on Friday -- has so thoroughly dumbed down the criteria for refugee status in this country that it is hard to think of any foreign combat veteran who would not be able to gin up a passable tale of woe.

Mr. Key enlisted in the U. S. Army in 2002. The next year, he was sent to Iraq, where he assisted in raids of Iraqi homes suspected of containing weapons caches or insurgents. As in all anti-insurgent campaigns, this sort of raid proved to be nasty business. Doors got smashed in; children got scared; women, caught without a veil or even a full set of clothing, felt humiliated. Sometimes, people even got hurt.

Much of this is unavoidable -- even for a professional and (by international standards) humane army such as America's. War, after all, is hell -- a balancing of evils. Sometimes, a few residents are subject to humiliating searches so that the terrorists who seek to blow up the whole neighbourhood can be captured or killed.

This grim fact of war seems to have escaped the notice of Robert L. Barnes, who authored Friday's decision. While the Immigration and Refugee Board (IRB) had sensibly rejected Mr. Key's asylum application on the basis that the U. S. military had not sought his complicity in war crimes or crimes against humanity, Judge Barnes concluded that this was not where the line should be drawn. By his analysis, virtually any infraction of the Geneva Conventions -- which, as any soldier can report, are daily violated 100 times over by even the most conscientious fighting force, including Canada's -- can be grounds for asylum.

This apparently includes the infractions Mr. Key witnessed during his home invasions in Iraq -- including not only episodic instances of violence and looting, but also "intimidation" of households, "the absence of cultural sensitivity" in dealing with civilians, and "disrespect for human dignity."

Forget Iraq. This is the sort of thing you can see on any episode of COPS.

By the loose standard Judge Barnes endorses, just about any soldier in any war could come to Canada and make an arguable claim for asylum. Even if an applicant loses, he will at least be able to hang out in Canada for a few years while his case is before the IRB, and then roll the dice a few more times at the appellate level, where he can hope for the likes of a soft-hearted judge to bail him out … a judge such as, say, Robert L. Barnes.