Good...Canada says no
 

...to asylum for the first of five known US Military deserters...that have applied for asylum. They have ordered that he be returned to the US...but he will probably appeal and if he does his return to the US will not be immediate.

Seems like it would be a fairly weak reason to grant asylum anyway. Besides, wouldn't the Canada-US extradition treaty have something to say about this?

Well...I am not an expert on Canadian-US extradition law...but I would assume that if Canada had granted asylum...extradition would not be an option. I also think that he will not be extradited...even after losing an appeal...as I think he will not be arrested by Canadian authorities but will be expelled from Canada. My thinking in this matter could be wrong.

If he can show he will be subject to political persecution then he might be able to claim refugee status. It'll never happen though since we ship genuine refugees back to El Salvadorian death squads.

I better find a link for that before some has a snit. All I remember is that a former El Salvadorian sergeant and his family were sent back and never heard from again.

It is my understanding that the main thrust of his application for asylum (refugee status) was...he was being forced to fight an illegal war...and that he would be persecuted if he were to be returned to the US. Asylum denied.

He will not be persecuted but he will be prosecuted via a Courts Martial for desertion.

I couldn't find what I was looking for but I found this excerp from Parliament on Tuesday, April 19, 1994. If these guys can't get refugee status then an American certainly won't (though I really wouldn't care if he did, might be kinda funny).

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Mr. Osvaldo Nunez (Bourassa): Madam Speaker, on January 26 and March 10, I put questions in this House to the Minister of Citizenship and Immigration concerning the plight of approximately 50 Salvadorian refugees in Montreal who are facing the threat of deportation to their native country. Despite my pressing the point, no action has been taken and the problem remains unresolved to this day.

Yet, my request that this group of individuals be granted permanent resident status on humanitarian grounds was and remains extremely legitimate. If these individuals were forced to return to their country of origin, their safety and their lives would be placed in danger.

Moreover, on December 19, 1993, the minister's colleague, the Minister of Foreign Affairs, recognized himself that political violence was again on this rise in El Salvador. Several reports by the human rights commission of this country, by the UN and by Amnesty International have all reached the same dramatic and incontrovertible conclusion: El Salvador's death squads are still active.

I myself travelled to that country and stayed there from March 15 to 22 last as part of a Canadian mission to observe elections that were taking place. My colleagues and I saw that life in that country had by no means returned to normal. During the election campaign, over 30 people were murdered.

Moreover, we saw firsthand that the peace agreements concluded under the auspices of the UN had been violated and that numerous election irregularities had occurred.

On March 10, I urged the minister to take the time to meet this group of Salvadorian refugees to learn firsthand how grave the situation had become. This group had taken the time to travel to Ottawa from Montreal. Despite giving the minister prior notification, he steadfastly refused to meet the Salvadorians.

I am asking the minister again today to grant permanent resident status to these 50 refugees living under the threat of deportation. I also want to take this opportunity to call to his attention the apparently forgotten case of another young Salvadorian refugee, Mr. Mauricio Flores Romero, who took refuge five months ago in the basement of a Calgary church where he has been living ever since under far from auspicious conditions.

I visited this young man last February. Every member of his family, except for him, has been granted refugee status. I was deeply touched by this meeting. His application is very legitimate. Once again, I ask the government to have some compassion for this claimant.

He would probably also have to prove that he would endure cruel and unusual punishment. I doubt 5 years in prison qualifies as cruel and unusual punishment.

Although, I'm not really sure what does and doesn't qualify as cruel and unusual punishment. I wonder if there is a list somewhere, or is it up to a judge to decide?

Maybe it is one of those things where you have to be there.