Canada has some strong voices speaking out on its behalf. This from the Hansard debates from Gerard Kennedy regarding Canadian war resisters. Mario da Silva also spoke out about this issue. I'm starting to feel more optimistic for the future of this country.

Mr. Gerard Kennedy (Parkdale—High Park, Lib.) next intervention
moved that Bill C-440, An Act to amend the Immigration and Refugee Protection Act (war resisters) be read the second time and referred to a committee.

He said: Mr. Speaker, I am honoured to speak to a bill that requires the Conservative government to take into account the opinion of Canadians regarding the war in Iraq.

[English]

It is a bill that is very basic in its presentation to require the government to take Canadians into account on a matter that, on the face of it, might seem to only affect a relatively small number of people, perhaps 200 Americans who came to Canada looking for refuge based on their conscientious objection to the war in Iraq. Worse perhaps for some people in the House is they are people who do not even vote. They do not have a consideration in terms of whether at the next election anybody is returned to this place.

Despite the behaviour of the government to date, and we hold out hope, the bill would give all members of Parliament a chance to examine not just their consciences but their role as parliamentarians in expressing a will for Canada on important issues.

Underlying a simple law amending two parts of the Immigration Act, which would very directly provide for conscientious objectors to become permanent residents of Canada, to be eligible for wars that were not authorized by the United Nations in particular, that this would give them an ability to be considered. They would still have to meet all kinds of other criteria, and I mentioned that as I will later on, to ensure there is no distortion of what we are dealing with today.

Beyond those simple clauses, protecting them, protecting their families, ensuring they can be heard from is a bigger requirement. That bigger requirement is for this generation of Canadians to address how we feel about Canada's ability to determine who should be part of our country and how we feel not just about our traditions but about a Canadian sensibility going forward.

The bill is meant to give life to a Canadian sensibility that so far has been resisted from the government benches, certainly on the part both the minister responsible and the Prime Minister in terms of the public comments they have made.

It is essential that all Canadians have some access to this debate. It is not because it should command their attention or it should be a worry for them, but it is those quiet noises, the ones we do not ordinarily see, that are the measure of the character of a country.

All Canadians should be alert to those kinds of questions. While the Iraq war resisters from the United States may be voiceless in a classic sense, it is how we treat those kinds of individuals and classes of people that determines who we are as Canadians.

We have answered these questions before. A previous generation had not just the temerity, not a particular courage but just a sense of themselves to say to the Vietnam War resisters, those people who were volunteers in the army and decided, based on what they were asked to do and saw in that war, that they could not prosecute that. Over 10,000 of the 50,000 Vietnam War resisters who came to Canada were people serving in the military service at the time and they were accepted by a previous generation to Canada.

That was done out of a fulsome sense of what Canada was, not better, not against in terms of who we thought Americans are or were at that time, but rather who we are. We are a country of some tolerance, a country of some patience, a country willing to provide for differences in how some of these moral questions are addressed and willing to acknowledge that we in our country will have the gumption to take on those questions without trying to defer or without trying to say it is somebody else's decision.

It is our decision when people from wherever in the world present themselves to us and ask for asylum. This would allow us to address that question.

It is also necessary to keep in mind that this is a remedy because we have already addressed this question in other ways before.

[Translation]

In June 2008 and March 2009, the House of Commons adopted motions that we should welcome Iraq war resisters.

[English]

The question has already been discussed and by vote decided in terms of whether Canada wishes to provide a welcome availability to those types of people who want to be brought into permanent residence in our country. The difference is the government chose not only not to accept it, but to act in a way that was adversarial to their chances of being considered.

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[Translation]

But the Conservative government rejected all of the applications. It publicly criticized the resisters, thus limiting their chance of a fair hearing. There were serious penalties for those who were repatriated to the United States.

[English]

This is not only about whether people get to become Canadian, but what should happen to them next. For those who were deported even as the debate was taking place, a few days later this chamber decided that it wished to provide a home in Canada to American Iraq war resisters. A few days later the government deported someone who subsequently received a 15 month sentence, someone who had participated in good faith.

Like all questions of principle, this basically rides on a human dimension, a human dimension of being Canadian. This is not a question of just 200 people. It is a question of giving a fair hearing to any group of people who find themselves in difficulty. This debate today is about whether or not this chamber is capable of providing that fair hearing.

Let me use as an example Chuck Wiley, one of the Iraq war resisters, who served 17 years in the American military. There may be some members of this House who believe they can speak of devotion to duty and we have some serving members who have exhibited that. I want people to consider what it was like for Mr. Wiley, who served in the navy for 17 years, and who arrived at a conscientious objection that did not permit him to serve in Iraq. I want people to consider what they know about American military sensibility and how difficult it was for him having served all those years, two years away from a pension, to walk away from his service as a matter of conscience and appeal to this country instead.

Words have been used by some of the members and ministers opposite and they invoke things like cowardice. They walk in the easy shoes of judging people without really giving full consideration to what happened in terms of an individual situation. The situation is tied to a larger perspective, the Iraq war itself.

Canadians had a perspective on the Iraq war. All we are being asked to do today with this bill is to confirm a perspective where 82% of the people of Canada oppose the war in Iraq, a perspective where the Government of Canada decided that this country did not support the war in Iraq. With all due respect to others who decided to participate and to sanction that war, we did not and neither did the United Nations Security Council. The facts about the famous weapons of mass destruction that informed that debate are available to members of this House.

Canada has spoken in that regard. It was a difficult debate. A decision was made after due consideration, and it is a decision that needs to be upheld not out of any sense of superiority but simply because we have the right to be sovereign in terms of how we look at developments in the world that engage us both ethically and morally and with the resources of this country. We made that decision.

The question for this House now is: Why in the face of that decision do we not extend some understanding to the people who appeal to us? Why does the government instead wish to impose its minority view, a view at one time that supported the war in Iraq, but a view that has changed? The Prime Minister has now said it was a mistake and he shares the same view as that held by the current President of the United States, that the Iraq war was a dumb war, that the United States should not have been involved in the first place. The Iraq war has a strong resonance for Canadians. It is something that they understand was a distinction Canada decided to make.

Some people might ask why we would entertain service personnel from another country. Would that not somehow affect us? It would not.

Different rules prevail and much of that is now recognized in the United States itself. Various hearings have been held in the U.S. which indicated that people were subject to irregularities, to conduct in terms of some of the incidents involving civilians, the Abu Ghraib prison, things that I believe this House, this country would wish the discretion for our service personnel faced with certain decisions of conscience. I believe there is faith in this House and faith in this country that Canadian soldiers would take those kinds of decisions if they were faced with them.

People who are asking for our consideration through this bill today faced a number of situations, but again many of them, like Mr. Wiley, are people who served not just a tremendous amount of time but served under a tremendous amount of difficulty. Some of them were subject to provisions that do not exist for service personnel in our country.

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For example, there is the question of stop-loss. People like Phil McDowell served his time in Iraq. He served his contract. The Iraq war was being prosecuted at the time and there was a dearth of personnel. People may not realize it, but the Americans have fewer people under arms than at any time in their history. To conduct a war in Iraq required taking people and bringing them back again and again. That form of compulsion that exists is not to be found in how we deploy our service today.

The contract provisions for stop-loss have been found to be extremely difficult. The current President of the United States has asked that they be eliminated, but they were enforced particularly at the peak of the war. Phil McDowell, who served in Iraq under difficult circumstances, came back to the United States to find that the fine print in his contract required him to go back. After what he had seen, in good conscience, he could not.

That is what the House is being asked to uphold. This is how we respect some of those decisions that were made, a sensibility that in this country is every bit about endorsing a view of how we see our military operating, which is with some extreme level of decision making for individuals based on their conscience.

Those provisions exist and are available in the Canadian armed services. They were not available to many of the people like Jeremy Hinzman, who sought to be seen as conscientious objectors. Because of the difficulties and the challenges in terms of having enough personnel, for months stretching into years in terms of deployments, those provisions were not available to American service personnel.

There are distinctions that are made in how the National Guard was used and how other things were done in this war that meant there were some extraordinary circumstances faced by these personnel. That relates back to the war itself. People like Robin Long, who got 15 months in military jail, faced a very harsh outcome as a result of the government not listening to the House.

We understand there is a characteristic that some members opposite feel very comfortable with of a government that puts itself above Parliament and that is accountable to no one and to nothing. I would like to believe it will not find its way expressed in this bill. However, there is also something just as serious and that is the government putting itself above the Canadian people.

[Translation]

According to an Angus Reid poll conducted in 2008, nearly one-third of Canadians wanted Americans who opposed to the war in Iraq to be allowed to stay in the country.

[English]

Two-thirds, or 65%, of Canadians would like to give American resisters a chance to be citizens in this country, just as a previous generation gave to those from the Vietnam War. That may sit uncomfortably with members opposite, but it is something to be listened to. How Canadians feel on a question of conscience is something to have regard for. It needs to find expression and I am hoping that is the spirit in which this debate will be considered.

Canadians have that point of view and they look to the House to give it respect. I submit the only way for that to be given respect is to give this its expression in law.

We hear from some of the members opposite the idea that they cannot even give it consideration. Somebody said, “Not a chance”. People need a chance because this is a test.

As John F. Kennedy said, war will be less available when conscientious objectors have the same status as warriors in our society. Canada is not afraid to be a refuge against a militarism that is unthinking and that does not trade off against the rights and needs of individuals. This law will do exactly that.