Unpalatable Military Service

Canada has a reputation as an easy-going entry-country for would-be immigrants and refugees. Because it is, it always has been. But things are slowly being turned around. Canada will still continue to accept a quarter-million new immigrants yearly because we're a country with a huge land mass and a relatively small population, and plenty of employment opportunities going into the future.

Refugee determination is a problem, and likely will continue to be.

At least until certain aspects of Canada's welcoming reputation are refuted by spread of the word that this too is tightening up. The absurd prospect of people from Hungary and the Czech Republic and Mexico using their visa-free (until that was changed) entrance to Canada to declare refugee status is one example.

Other than the harassed and victimized Roma, how could anyone from Hungary and the Czech Republic present as a refugee? As for Mexico, one must have a bit of compassion, given the level of narco-gang crimes. Which hasn't stopped an ongoing tide of Canadian tourists from enjoying holidays in Mexico.

Because of Canada's huge Sri Lankan population of Tamils, that ethnic group, still experiencing some level of human rights violations in their home country are impelled to reach Canadian shores to declare themselves refugees, doing their best in the process to swamp the country into accepting migrants without due process.

The best in the sense of the most absurd would have to be Americans claiming asylum from persecution in the United States, under the guise of deserters from military duty. Upstaged only by Israeli reservists who have chosen to leave their country rather than comply with the duty of all of-age Israelis to respect the country's conscription laws.

An Israeli, Karen Kirkoyan, who had completed his mandatory military training in the IDF, was later called to duty, and simply held back. His initial service in the military after refusing to enter Gaza was to drive trucks up to the Gaza border, but not for the purpose of transporting military equipment.

Followed by a refusal to accept an assignment to destroy illegal smuggling tunnels used to take weapons into Gaza from Egypt. He decided desertion was a far more personally rewarding role for him, and so he left the mission and went abroad with his young family, settling in Montreal. All subsequent call-ups he received were summarily dismissed by this man.

And he made a refugee claim, insisting that he stood the risk of becoming involved in human rights violations if he was forced to serve in the IDF, and if he listed himself as a "conscientious objector", he would then be persecuted. His claim was rejected by the IRB, which cast doubt on his claims of being a conscientious objector.

An Immigration and Refugee Board judge came to the conclusion that as a result of Israel's precarious position in the Middle East, facing "security threats, "suicide terrorism, external hostility and indiscriminate armed attacks against its civilian population", conscription was obviously needful and lawful.

Mr. Kirkoyan then appealed the IRB decision to the Federal Court. Which, in its turn, rejected the claim. Justice Michel Shore, acknowledged that on return to Israel Mr. Kirkoyan might be slated to serve a brief stint in prison for desertion, but this did not represent persecution, but rather a lawful discipline.

"The Board found that not only was [he] not a conscientious objector, but no evidence was presented that he had ever been asked or compelled to carry out any violations of international humanitarian law. It is not persecution for a country to have compulsory military service."

Canada Border Service had nothing to add to the above. Military service does not equate to violation of international law, it was established in a 2008 Federal Court ruling.