Unlawfull Arrest of Resister in Canada

darkbeaver

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Iraq War Resister Unlawfully Arrested in Canada
Arrested at the Request of the US Army


Global Research, March 1, 2007
Lawyers Against the War


Iraq War Resister Kyle Snyder Arrested in Canada , then Released



On Friday, February 23, U.S. war resister Kyle Snyder was arrested in British Columbia for unspecified immigration violations. Police in Nelson, BC barged into Snyder’s home, handcuffed him, and hauled him off to jail. The police had no warrant. Snyder, who was wearing only a robe and boxer shorts at the time, was not allowed to put on clothes or shoes. He was not read his rights or allowed to call his lawyer. Nelson police told him he would be deported to the U.S. , where he is wanted for unauthorized absence from the U.S. Army.

Snyder’s housemates, Ryan and Jenna Johnson, frantically called Members of Parliament who, in turn, called Citizenship and Immigration Canada. Immigration officials then informed Nelson police they had no legal basis for arresting Snyder. Nelson Police released Snyder after holding him incommunicado for six hours. Joci Peri, an Immigration official in Vancouver , later told Snyder he had been arrested at the request of the U.S. Army.

Being AWOL from another country’s military is not an extraditable offense in Canada , nor does it have any bearing on immigrating to Canada , according to Vancouver lawyer Daniel McLeod, who is representing Snyder. “And the U.S. Army is not the boss of the Canadian police,” says Gerry Condon of Project Safe Haven.

War resister advocates on both sides of the border were outraged upon hearing the news of Snyder’s arrest.

“We hope that the Nelson, BC Police will be held accountable for their actions,” said Lee Zaslofsky, who coordinates the War Resister Support Campaign in Toronto . “Kyle was treated in a degrading manner that is completely contrary to Canadian values. Kyle Snyder is a man of courage and decency. He spent months in Iraq under very difficult conditions. It is disgraceful that he should receive such ill treatment in Canada .”

But Zaslofsky was grateful that the incident was favorably resolved in a matter of hours.

“We believe that the quick response of Alex Atamanenko, (NDP- British Columbia Southern Interior) and Bill Siksay (NDP – Burnaby Douglas) shows that war resisters in Canada have strong allies who are ready to act to protect their rights. We thank them for their energetic and effective intervention.”

The War Resister Support Campaign is pressing the Canadian government to create a sanctuary policy for military personnel who, obeying international laws, refuse to participate in war crimes. Member of Parliament Alex Atamanenko agrees:

" Canada needs to rethink its policy in regard to war resisters and needs to welcome in Americans who have made the decision to say no to military involvement in their country's war. I am pleased that Kyle Snyder has been released from detention and I am thankful that joint action on a number of fronts helped lead to his release."

Kyle and his Canadian fiancé, Maleah, are recovering from his traumatic abduction.

“I wake up thinking, ‘Did that really happen?”’ says Snyder. “I thought Canada was a sovereign nation.”

Snyder, 23, came to in Canada in April 2005 while on leave from the Iraq War. Declaring the Iraq War to be “illegal and immoral,” he applied for refugee status. But he was haunted by his uncertain future in Canada . Late last year the Colorado native turned himself in to U.S. Army authorities at Fort Knox , Kentucky , who told his lawyer he would be quickly discharged and would not be imprisoned.

“But the Army lied,” says Snyder. Faced with the prospect of being sent back to Iraq or to prison, he went AWOL again and traveled throughout the U.S. calling for an end to the war. On December 8, police in Alameda , California , attempted to arrest Snyder at a public event. Alameda police told the San Francisco Chronicle the Army had requested the arrest. So Snyder decided to return to Canada .

“I was planning to return to Canada anyway,” says Snyder. “I love Canada and I love Maleah.” The two will be married soon. Eighteen months later, Snyder may become a permanent immigrant of Canada .


FROM: Lawyers Against the War February 28, 2007
Contact:
Gerry Condon, 206-499-1220 (in Nelson, BC)
Lee Zaslofsky, 416-598-1222
Alex Atamanenko, MP, 613-996-8036




http://www.globalresearch.ca/www.globalresearch.ca


 

Sparrow

Council Member
Nov 12, 2006
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When are we going to act as a soverign country with our own independent laws and beliefs and stop cowtowing to others. No other country has any right mixing in our affairs. All they had to do was better police work and arrest him in the US.
 

CDNBear

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Sep 24, 2006
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When is Canada going to grow a set of nuts and arrest these cowards and send them back to the US to face trial for their cowardly crimes?
 

Zzarchov

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Aug 28, 2006
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Id prefer we didn't.

Not because Im anti-war, but because ship like this pisses me off. Where the hell did those cops get off, busting into someones home and dragging him out in the middle of the night, without a warrant, without ID to know he isn't a Canadian Citizen, without reading him his rights...

All because a foriegn government agency told us to.

Those cops should be drummed out of the force at best and tried with espionage if I had my way.

If we make it a crime to be a foriegn deserter in Canada, thats one thing WE decided and its OUR law.

What next? China tells us to deport the Dalai Llama when he visits so we do?
 

hermanntrude

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Jun 23, 2006
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Where the hell did those cops get off, busting into someones home and dragging him out in the middle of the night, without a warrant, without ID to know he isn't a Canadian Citizen, without reading him his rights...

I agree. I think it's a little crazy for police to even consider such actions. it's hard to believe. ANY policeman should know that you simply can't raid someone's house without a warrant, and that you HAVE to read them their rights.
 

CDNBear

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Sep 24, 2006
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It's called "Probable cause". If they reasonably thought that the person was a wanted criminal, or wanted on an immagration violation, they do not need a warrant.
 

hermanntrude

^^^^^^^^^^^^^^^^^^^
Jun 23, 2006
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It's called "Probable cause". If they reasonably thought that the person was a wanted criminal, or wanted on an immagration violation, they do not need a warrant.

oh right. I stand corrected. They should still have read his rights, though. But it's not like no-one knows what they are.
 

#juan

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Aug 30, 2005
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Id prefer we didn't.

Not because Im anti-war, but because ship like this pisses me off. Where the hell did those cops get off, busting into someones home and dragging him out in the middle of the night, without a warrant, without ID to know he isn't a Canadian Citizen, without reading him his rights...

All because a foriegn government agency told us to.

Those cops should be drummed out of the force at best and tried with espionage if I had my way.

If we make it a crime to be a foriegn deserter in Canada, thats one thing WE decided and its OUR law.

What next? China tells us to deport the Dalai Llama when he visits so we do?

Exactly, I would say that Snyder has grounds to sue the police. I hope he does sue because it will bring this debacle to light, and maybe get rid of a few bad apples. I would like to hear exactly how this went down.
 

CDNBear

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oh right. I stand corrected. They should still have read his rights, though. But it's not like no-one knows what they are.
I think we may be jumping the gun here, if we are to believe that the police did not read him his rights, I would need more then this story, which reads like his lawyer dictated it.

Whether you know your rights or not, whether you are a landed immagrant, refugee, or illegal alien, you must be marandized. If they truly failed to do so, then there are larger issues at play here, then just some coward getting rousted in his boxers.

If you think this is terrible, try this on for size...

http://injusticebusters.com/2003/Stonechild_Neil.htm
 

mapleleafgirl

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Dec 13, 2006
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It's called "Probable cause". If they reasonably thought that the person was a wanted criminal, or wanted on an immagration violation, they do not need a warrant.

really!!! that sounds kinda lame, i mean how could you defend yourself against "probable cause" cos they could pretty well always use that as a fallback point.
 

#juan

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Aug 30, 2005
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Reading him his rights?

There is also the small matter of an arrest warrant.
 

fuzzylogix

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Apr 7, 2006
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It's called "Probable cause". If they reasonably thought that the person was a wanted criminal, or wanted on an immagration violation, they do not need a warrant.

Like Herar, I suppose- I guess they had "probable cause" on him too.
 

CDNBear

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Sep 24, 2006
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really!!! that sounds kinda lame, i mean how could you defend yourself against "probable cause" cos they could pretty well always use that as a fallback point.
Not without being able to have it hold up in court. They must prove they had probable cause, or risk having their case, blow up in their face, along with their future crediblity.
Reading him his rights?

There is also the small matter of an arrest warrant.
Not needed, if there is "Probable cause".
Like Herar, I suppose- I guess they had "probable cause" on him too.
I'm not sure the two cases are remotely alike in anyway.
 

CDNBear

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Sep 24, 2006
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The mans far from cowardly Bear, I wonder if you'd have the nuts as you say, to stand up against millions for your ideals, if you have any.
I do, and have, I'm not sure if there were millions, but I know I was out numbered easily.

Under the draft, I would side with him, but he volunteered and joined the service. He ran. That makes him a coward.
 
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Zzarchov

House Member
Aug 28, 2006
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I wouldn't say that.

It MAY make him a coward. But not being in frontline Iraq, I don't think we should judge. Even if as a whole the war is waged morally, if he was with one of those fun units that rape, murder and torture civilians (but hadn't yet been caught) he might think the whole war is being waged that way, since thats all he saw.

Since following orders isn't an excuse, he may have good reason, as a human being, to bravely stand up for whats right.

He could also be a coward who liked a paycheck until he had to earn it.

But I wouldn't judge him too harshly without being in his shoes.
 

Colpy

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Nov 5, 2005
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He's violated no Canadian laws nor is he liable for extradition. The Iraq invasion is illegal from an international point of view.

Oh, who gives a Fiddler's Damn about international law! I mean, really!

I have no sympathy for those that desert an all-volunteer army. Pure, unadulterated cowardice, IMHO. I have no sympathy for them, and Canada doesn't need them.

That said, I have even LESS sympathy for cops that boot in people's doors without warrants, and arrest people without cause. There was no cause here because deserting the US Army is NOT a crime in Canada. There is a big problem with the police here.

CDN Bear, to enter a dwelling without warrant, the police require reasonable cause to believe someone is in DANGER of harm, or they must be in hot pursuit of a suspect.........nothing else should suffice.
 

Niflmir

A modern nomad
Dec 18, 2006
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The idea of cowardice is really an outdated one, on par with suggesting that being a heretic is a crime. The one thing that seperates humans from inanimate object is the ability to make decisions, and make different decisions at a different time for the exact same circumstances. Basically, we can change our minds. We are not machines, and no one should make that suggestion.
 

thomaska

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May 24, 2006
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There must be more to this story than what was released. There are hundreds if not thousands of deserters roaming the U.S. at any given time. The Military here does not even actively pursue deserters in country. Usually the only way one gets caught is either by turning themselves in, or they commited another crime, even as simple as running a red light. Their record gets ran, and if the military has put out a warrant or notice that said offender is a deserter, then the civilian authorities usually contact the military. But to chase one all the way to Canada for nothing other than deserting seems strange.