Canadian Judge Blasts U.S. Terror Policies
EmailBecause of the U.S. government’s policies on torture and refugees, Canada can no longer turn away refugees coming from the United States, a Canadian judge has ruled. According to Canadian news accounts, Justice Michael Phelan’s ruling struck down an agreement that once barred thousands of refugees seeking asylum in Canada. The judge said the United States does not protect refugees fleeing political persecution and torture, which international conventions require. Instead, it adheres to rigid policies which may result in mistreatment, including forcing victims of abuse to return to the countries in which they were mistreated, he said. Click Here for Full Blotter Coverage. As a result, the United States can no longer be considered a safe place for refugees, Phelan ruled. His ruling nullifies an existing U.S.-Canada agreement saying that if a refugee is turned away from one country, he or she cannot seek refuge in the other. The agreement was intended to reduce so-called "asylum shopping," in which immigrants attempt to obtain refugee status from multiple countries. In his ruling, Phelan pointed to U.S. government’s policies on torture and interrogation, the expedited removal of immigrants, its detention practices and its rigid application of time limits for filing paperwork as well as anti-terrorism related provisions, the Canadian press reported. Such policies are "extremely harsh and cast a wide net which will catch many who never posed a threat," Phelan wrote. The judge cited the case of Maher Arar, a Syrian-Canadian who was detained by U.S. authorities on terrorism-related suspicions and "renditioned" to Syria, where he was tortured. Canada has said publicly that Arar had no terrorist ties, though to date the U.S. government has not done so. The Canadian government is expected to appeal the ruling. Do you have a tip for Brian Ross and the Investigative Team?
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Love Canada! It’s tough when you’re right next door to a country whose leader is insane.
Posted by: Daniel H. Kroener | December 3, 2007, 9:28 am 9:28 am
This is a sensible ruling by Canada. after all, if a refugee to the U.S. is detained, he my be waterboarded by Dick Cheney himself!
Posted by: Brian birchall, rancher | December 3, 2007, 11:16 am 11:16 am
Terror, terror. the united state’s are living in terror. that’s the way George and Chaney wont us to live. O.Ben Laden like’s It this way. We are alway’s fighting the war on terror. Why should we alway’s have to live in terror, the United State’s has enough bomb’s to blow other country’s off the face of the earth. That wouldn’t be a good Idea, but Truman got the point across didn’t he..
Posted by: Jeanette | December 3, 2007, 12:46 pm 12:46 pm
The Canadians are on Cue with this call. The current President has demonstrated we are not to be trusted. We are not to be Respected. We are not capable of following international laws. The president thinks he is above the law. At this point in time in my oppinion a primate can do a better job.Thanks to bush the Republican partie is seeing members dropping off like flies. What a great job this president has done. Well Done Bush!!
Posted by: AdeebN. | December 3, 2007, 3:52 pm 3:52 pm
I don’t think Americans are “living in terror”…that’s pretty silly. Everybody I know is living life to the fullest, not afraid of %&$%…
Posted by: Jazz | December 3, 2007, 5:22 pm 5:22 pm
Pure stupidity. Judges trying to make the law according their own ideals.
Posted by: RW | December 3, 2007, 7:05 pm 7:05 pm
the US only keeps illegals from Mexico that they flood the work force with & give $ for housing & brand new housing units for (breaking all laws)from the highest positions federal & state (in Oregon);leaving our American vets broke, jobless,homeless,& no food to eat;THEY are the torturers of the vets;Look at broken promises to the gazoo to retired military; (rep Congress) & refusing to fund (dems) without attaching bill which they know Bush will veto; Our vets die at their hands due to Congress & Bush, or at inept hospitals (like the man found dead after 3 days)no wonder no one likes Americans. I don’t like them either after this!
Posted by: yellowbird2525 | December 3, 2007, 7:32 pm 7:32 pm
That’s a pretty narrow-minded, simplistic way to look at an entire (and one of the most ideologically diverse) population of 300 million people, yellowbird.
Posted by: Jazz | December 4, 2007, 9:56 am 9:56 am
Canada: The Land of The Free and The Home of The Brave!
Posted by: Bob | December 4, 2007, 10:04 am 10:04 am
Judges don’t “make the law”. Their primary duty is to impartially interpret the law, which this man has apparently done. That he has come to a conclusion unfavorable to our barbaric and illegal terror policies should not be offensive to anyone with a conscience. Similar judgments have been made by US judges regarding the same practices, and have received fleeting mention in the press. Regardless of the word games our DOJ plays to dress up kidnapping, torture, and murder in quasi-legal terminology, does not change the fact that such acts violate our own Constitution, as well as multiple international treaties to which we are party. But for the bloodthirsty out there—fear not. This judge will most likely suffer the fate of his like-minded colleagues, and soon be replaced with someone more willing to tow the company line.
Posted by: h5mind | December 4, 2007, 10:27 am 10:27 am
This is great! Can we start shipping them all up now?? Thanks, Canada! It’s a win/win for the US.
Posted by: Renwaa | December 4, 2007, 11:53 am 11:53 am
To this story..I have become more assured that Canada does offer humane understanding of mercy for the weaker and easy mistreated individuals…My best friend from Nova Scotia died here..and she has given me something to remember about Canada..The Proud and the Few..mistakes are made but I do not see they are not corrected..Canada has always been neglected from us Why! Abuse is legitamized in this country unless someone has the audacity and the warrior instinct to stand up to it..but most who do for the underdog..will be knocked down, or don’t have the funds to push the letter…the Law we stand for..has become misused by building up cases for prosecutors to use..and not for information to be given with all phases..a person will literally die from the corruption of the White Collar Men who fear loosing their power in our country…Most who scheme to catch the people who have crossed the law..we have found the law is now stripped of truth…People throw another away..and forget they are human beings that must be treated with dignity…Canada..US…Countries so close to each other, yet only come together when there is something of money to be made…I am learning that the law will intentionally make up, and fabricate by men who are not true but they got their jobs from obeying the one who rules..It is not God that rules our courts..we have to Hope and Pray that the judge on the bench knows all facts and hears the defendant, and the persecutor of such deformaties of invasion…Persecution is Not the way of Our People in the USA…What has happened…Thank You for keeping my son alive from the drug cartel that beat him when he was a child, and fed him dope while his eyes were down..from death of his father, and the friends he found..Thank You Canada for caring about people..For as a mother I see much of prjudice, and malicious intent to her people..No regard of respect or mercy or dignity, and yet, those of us who do believe suffer in silence for our oneness to stand is killed by greater of men..Power and Greed to worse than one can handle…Apachecheynne
Posted by: Apachecheynne | December 4, 2007, 12:39 pm 12:39 pm
The comments below me makes me laugh so hard.
Keep on talking everyone and see that your national intelligence rate in Canada sinks like a rock in a lake.
Posted by: LDMaxwell | December 4, 2007, 1:49 pm 1:49 pm
Wow, the “nice” canadians are going to show us American bullies how to take care of illegals and refugees?
Canada, please show us your courteous’ and nice’ ways by taking our 20 million illegals.
Posted by: rome | December 4, 2007, 2:43 pm 2:43 pm
Wow! All those folks posting here must live in a completely different America than I do. Hatred of one’s country and government is a sad thing to behold.
We also should thank the Canadians for the terrific job they do on vetting refugees before granting them asylum. They have a long way to go before they have the right to cast judicial aspirations against the US.
Posted by: in_awe | December 4, 2007, 3:18 pm 3:18 pm
Bush & Cheney should be happy with this ruling. They may face war criminal charges themselves in 3-5 years (my guess) and they’ll need a place to
give them political asylum. And, of course, they have another year to unleash even more havoc in the world.
Frankly. I’d hate to be in their shoes.
Keep all your fingers crossed until 1-20-09 that Bush doesn’t touch off WW3 or maybe a world wide depression.
Posted by: Mission Unaccomplished | December 4, 2007, 5:54 pm 5:54 pm
We should hope some kind soul will take this robed idiot on a personal tour of the Twin Towers and then force him to leaf through photos of all the victims who died on 9-11.
If these actions don’t quickly adjust his attitude, then nothing will.
Posted by: MarkJ | December 4, 2007, 5:55 pm 5:55 pm
Letthem go to Canada. They can drain their system. We do have the right on who we allow in our country and who we turn away.
Posted by: xnavygunner | December 4, 2007, 6:30 pm 6:30 pm
We have the right to decide who let let in our country. If others don’t like it, then too bad.
Posted by: xnavygunner | December 4, 2007, 6:40 pm 6:40 pm
Quote: “Canada, please show us your courteous’ and nice’ ways by taking our 20 million illegals.”
The above article doesn’t say that Canada will take your ‘illegals’, it says that Canada will *consider* taking refugees turned away by the U.S.
Posted by: Josh | December 5, 2007, 12:37 am 12:37 am
The canadian government shouldn’t be allowed to appeal. I’ll bet there’s a rule somewhere that says they can’t but as if that has ever stopped them. I think we should let in all the Iraq veterans that America duped into fighting their illegal middle-east conflict.
Posted by: Meg | December 5, 2007, 2:10 am 2:10 am
I decided I want live in a civilized country. I guess I want to be a Canadian.
Posted by: kentsclark | December 5, 2007, 4:23 am 4:23 am
Well Canada has to get immigrants into it’s country somehow. Weather terrorists or not.
Posted by: foxefire | December 5, 2007, 9:49 am 9:49 am
When will Canada grow a set and actually take a stand against these people that are abusing the system. If the U.S. is so bad then why are people getting in here just to move to the U.S.?? That is where most of these ones will evenually end up.
Posted by: donald baldhead | December 5, 2007, 1:38 pm 1:38 pm
Canada. There is still a light of hope in North America.
Posted by: Longgonedaddy | December 11, 2007, 2:10 am 2:10 am
Feel free to leave the US at anytime! Canada is waiting for you and make sure the door doesn’t hit you in the butt on the way out. The sooner you leave the better because you’ll have to start blaming Obama or Clinton for the all of the worlds problems!!!
Posted by: joshb | January 21, 2008, 9:25 pm 9:25 pm
I agree with the judges ruling. Just because America doesnt want these refugess doesn’t mean they should be forced to return to their own countries and be persecuted and/or abused. They should be free to apply to enter any country they wish.
And to all of those people who have read this and think that refugees are a bunch of “good for nothing whiners”, i suggest you take a good hard look at yourself. These people genuinly require help, and your views do nothing to help anyone but yourselves.
Posted by: Kahli | March 10, 2008, 12:51 am 12:51 am