Josh Key
Encyclopedia
Joshua Key is a United States Army
deserter, who fled while on leave from the Iraq War, and is a current resident of Canada
. He is the author, with Lawrence Hill
, of The Deserter's Tale, a book chronicling his service in Iraq
and his subsequent departure from military life.
, which is located just outside of Oklahoma City
.
At age 20, he married Brandi Johnston and they have four children. Initially they moved to Canada together, but she later divorced him and returned to the US with their children.
. He attended basic training
and was stationed in Fort Carson, Colorado
. He was deployed to the Middle East
in the 2003 invasion of Iraq
.
"Key served as a combat engineer for eight months in Iraq 2003." "Mr. Key had told the IRB
that while in Iraq
with a unit of combat engineers, he took part in at least 70 raids on civilian homes." When he returned home on leave
, he deserted
the Army in November, 2003.
Key states he holds no regrets about deserting
the US Army, as illustrated on the back cover of The Deserters Tale. In the book Key gives a short summary of his own life prior, during and after his tour of duty and subsequent desertion. In the book Key claims to have witnessed many troubling acts: systematic vandalism of Iraqi homes during house raids, murder of an Iraqi child, and sexual abuse of innocent women, all purportedly committed by American Soldiers and officers.
After deserting the military, Key spent 14 months in hiding in the US before going to Canada.
seeking refugee status.
's Immigration and Refugee Board
(IRB), represented by Jeffry House
, but the Board rendered a negative decision on Oct 20, 2006. He appealed to the Federal Court
.
http://www.resisters.ca/WRSCRelease_july408_jkey.pdf
The IRB was ordered to take another look at Key's failed bid for asylum in an unprecedented court ruling that could affect scores of other U.S. soldiers, now in Canada, who have refused to fight in Iraq. In the decision the Federal Court found the IRB made mistakes in turning down Joshua Key's claim for asylum.
While the earlier board deemed him credible, it declined his claim for refugee status on the grounds he was not required to systematically commit war crimes. The earlier board rulings deemed that it was not important enough that he had to violate the Geneva Conventions
. Federal Court Justice Robert Barnes disagreed with that earlier analysis. "Officially condoned military misconduct falling well short of a war crime may support a claim to refugee protection," Barnes wrote. Military action that "systematically degrades, abuses or humiliates" either combatants or non-combatants could provide such support, he said.
Prior to Justice Barnes ruling, and after turning down several similar asylum claims, the refugee board had consistently held that the United States is a democracy
, which affords deserters due judicial process. However, the Federal Court said the board should hear evidence on whether deserters can rely on the American government to treat them fairly regardless of its status as a democracy.
On July 14, 2008, a Los Angeles Times
editorial referred to the July 4 ruling from Canada's Federal Court with these words:
The Canadian Broadcasting Corporation
's July 4, 2008 coverage of the story said that there is now a possibility that he "could qualify as a refugee."
was present at this hearing, while supporters held a vigil outside. He was represented by attorney Alyssa Manning.
Atkinson went on to say, "I find that there is adequate state protection in the USA and the claimant has not taken all reasonable steps to pursue the available state protection." The IRB made this statement even after the Federal Court had previously instructed the IRB to hear evidence on whether deserters can rely on the American government to treat them fairly (see above).
The negative ruling meant the Canada Border Services Agency
could deport Key. Key said in a telephone interview that he is hopeful the Federal Court of Appeal would agree to hear his case, allowing him to stay in Canada.
Three months later, on 22 October 2010, Wikileaks released documents on the Iraq War
which dealt, in part, with civilian deaths. Key praised these leaked documents as supporting his refugee claim.
Links relevant to refugee status claims in Canada
Decision-makers in Jeremy Hinzman's experience with the Canadian Legal System
, the host for CANOE Live, a local TV program on Sun TV
in Toronto, Ontario, Canada
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
deserter, who fled while on leave from the Iraq War, and is a current resident of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. He is the author, with Lawrence Hill
Lawrence Hill
Lawrence Hill is an award-winning Canadian novelist and memoirist. He is best known for the 2001 memoir Black Berry, Sweet Juice: On Being Black and White in Canada and the 2007 novel The Book of Negroes....
, of The Deserter's Tale, a book chronicling his service in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
and his subsequent departure from military life.
Personal life
Joshua Key was born in 1978 in Guthrie, OklahomaGuthrie, Oklahoma
Guthrie is a city in and the county seat of Logan County, Oklahoma, United States, and a part of the Oklahoma City Metroplex. The population was 9,925 at the 2000 census.Guthrie was the territorial and later the first state capital for Oklahoma...
, which is located just outside of Oklahoma City
Oklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...
.
At age 20, he married Brandi Johnston and they have four children. Initially they moved to Canada together, but she later divorced him and returned to the US with their children.
Military service and desertion
In 2002 Key enlisted in the United States ArmyUnited States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
. He attended basic training
United States Army Basic Training
United States Army Basic Training is the program of physical and mental training required in order for an individual to become a soldier in the United States Army, United States Army Reserve, or Army National Guard. It is carried out at several different Army posts around the United States...
and was stationed in Fort Carson, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
. He was deployed to the Middle East
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
in the 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
.
"Key served as a combat engineer for eight months in Iraq 2003." "Mr. Key had told the IRB
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
that while in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
with a unit of combat engineers, he took part in at least 70 raids on civilian homes." When he returned home on leave
Leave (military)
In military, leave is a permission to be away from one's unit, either for a specified or unspecified period of time.The term AWOL, standing for absent without leave, is a term for desertion used in armed forces of many English speaking countries....
, he deserted
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
the Army in November, 2003.
Key states he holds no regrets about deserting
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
the US Army, as illustrated on the back cover of The Deserters Tale. In the book Key gives a short summary of his own life prior, during and after his tour of duty and subsequent desertion. In the book Key claims to have witnessed many troubling acts: systematic vandalism of Iraqi homes during house raids, murder of an Iraqi child, and sexual abuse of innocent women, all purportedly committed by American Soldiers and officers.
After deserting the military, Key spent 14 months in hiding in the US before going to Canada.
Life in Canada
He fled to Toronto, Canada on March 8, 2005, and 3 days later made a claim for asylum as a conscientious objectorConscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
seeking refugee status.
Negative IRB decision: Oct 20, 2006
He had a hearing at CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
's Immigration and Refugee Board
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
(IRB), represented by Jeffry House
Jeffry House
Jeffry A. House is a lawyer in Toronto, Ontario, Canada. He is best-known for his efforts on behalf and representation of fugitive American soldiers and Native Canadian protesters.-American soldiers:...
, but the Board rendered a negative decision on Oct 20, 2006. He appealed to the Federal Court
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
.
Successful appeal: Canada's Federal Court Ruling of July 4, 2008
On July 4, 2008, Joshua Key won a Federal Court appeal forcing the IRB to re-examine his claim for refugee status in Canada.http://www.resisters.ca/WRSCRelease_july408_jkey.pdf
The IRB was ordered to take another look at Key's failed bid for asylum in an unprecedented court ruling that could affect scores of other U.S. soldiers, now in Canada, who have refused to fight in Iraq. In the decision the Federal Court found the IRB made mistakes in turning down Joshua Key's claim for asylum.
While the earlier board deemed him credible, it declined his claim for refugee status on the grounds he was not required to systematically commit war crimes. The earlier board rulings deemed that it was not important enough that he had to violate the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
. Federal Court Justice Robert Barnes disagreed with that earlier analysis. "Officially condoned military misconduct falling well short of a war crime may support a claim to refugee protection," Barnes wrote. Military action that "systematically degrades, abuses or humiliates" either combatants or non-combatants could provide such support, he said.
Prior to Justice Barnes ruling, and after turning down several similar asylum claims, the refugee board had consistently held that the United States is a democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
, which affords deserters due judicial process. However, the Federal Court said the board should hear evidence on whether deserters can rely on the American government to treat them fairly regardless of its status as a democracy.
On July 14, 2008, a Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
editorial referred to the July 4 ruling from Canada's Federal Court with these words:
"...we should take a second look at our procedures for dealing with soldiers who allege human rights violations -- before they become deserters…[If] we would prefer not to hear shameful allegations from our own deserters and be judged by our neighbors, we cannot lightly dismiss expressions of moral outrage..."
The Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
's July 4, 2008 coverage of the story said that there is now a possibility that he "could qualify as a refugee."
Second IRB hearing: June 3, 2009
On June 3, 2009, Joshua Key had a new hearing in front of the IRB. Ken Atkinson, the immigration board member who heard Key's case, reserved his decision. Lawrence HillLawrence Hill
Lawrence Hill is an award-winning Canadian novelist and memoirist. He is best known for the 2001 memoir Black Berry, Sweet Juice: On Being Black and White in Canada and the 2007 novel The Book of Negroes....
was present at this hearing, while supporters held a vigil outside. He was represented by attorney Alyssa Manning.
Negative IRB decision: July 30, 2010
On July 30, 2010, Ken Atkinson of the IRB made a decision which rejected granting refugee status to Key. Atkinson stated, “I find that the claimant is neither a . . . refugee nor a person in need of protection."Atkinson went on to say, "I find that there is adequate state protection in the USA and the claimant has not taken all reasonable steps to pursue the available state protection." The IRB made this statement even after the Federal Court had previously instructed the IRB to hear evidence on whether deserters can rely on the American government to treat them fairly (see above).
The negative ruling meant the Canada Border Services Agency
Canada Border Services Agency
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....
could deport Key. Key said in a telephone interview that he is hopeful the Federal Court of Appeal would agree to hear his case, allowing him to stay in Canada.
Three months later, on 22 October 2010, Wikileaks released documents on the Iraq War
Iraq War documents leak
The Iraq War documents leak is the unsanctioned disclosure of a collection of 391,832 United States Army field reports, also called the Iraq War Logs, of the Iraq War from 2004 to 2009 to several international media organizations and published on the Internet by WikiLeaks on 2010. The files record...
which dealt, in part, with civilian deaths. Key praised these leaked documents as supporting his refugee claim.
See also
General- American popular opinion on invasion of IraqAmerican popular opinion on invasion of IraqThe United States public's opinion of the invasion of Iraq has changed significantly since the years preceding the incursion. For various reasons, mostly related to the unexpected consequences of the invasion, as well as revelations of misinformation provided by US authorities, the US public’s...
- Anti-warAnti-warAn anti-war movement is a social movement, usually in opposition to a particular nation's decision to start or carry on an armed conflict, unconditional of a maybe-existing just cause. The term can also refer to pacifism, which is the opposition to all use of military force during conflicts. Many...
- Iraq War documents leakIraq War documents leakThe Iraq War documents leak is the unsanctioned disclosure of a collection of 391,832 United States Army field reports, also called the Iraq War Logs, of the Iraq War from 2004 to 2009 to several international media organizations and published on the Internet by WikiLeaks on 2010. The files record...
- Legality of the Iraq WarLegality of the Iraq WarThe legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
- Legitimacy of the 2003 invasion of IraqLegitimacy of the 2003 invasion of IraqA dispute exists over the "legitimacy" of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion A dispute...
- List of Iraq War Resisters
- List of United Nations Security Council resolutions concerning Iraq
- Media coverage of the Iraq War
- Nuremberg Defense
- Nuremberg Principle IV
- Opposition to the Iraq WarOpposition to the Iraq WarSignificant opposition to the Iraq War occurred worldwide, both before and during the initial 2003 invasion of Iraq by the United States, United Kingdom, and smaller contingents from other nations, and throughout the subsequent occupation...
- PacifismPacifismPacifism is the opposition to war and violence. The term "pacifism" was coined by the French peace campaignerÉmile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress inGlasgow in 1901.- Definition :...
- Popular opposition to the 2003 Iraq war
- Post–September 11 anti-war movement
- Protests against the Iraq warProtests against the Iraq WarBeginning in 2002, and continuing after the 2003 invasion of Iraq, protests against the Iraq War were held in many cities worldwide, often coordinated to occur simultaneously around the world...
- Public relations preparations for 2003 invasion of IraqPublic relations preparations for 2003 invasion of IraqThe Rendon Group, a Washington, DC based public relations firm with close ties to the US government, and which has had a prominent role in promoting the Iraqi National Congress, was alleged by some journalists to be planning to support the 2003 invasion of Iraq by a careful public relations...
- Rationale for the Iraq WarRationale for the Iraq WarThe rationale for the Iraq War has been a contentious issue since the Bush administration began actively pressing for military intervention in Iraq in late 2001. The primary rationalization for the Iraq War was articulated by a joint resolution of the U.S. Congress known as the Iraq Resolution.The...
- The Right to Refuse to Kill
- The UN Security Council and the Iraq warThe UN Security Council and the Iraq warIn March 2003 the United States government announced that "diplomacy has failed" and that it would proceed with a "coalition of the willing" to rid Iraq under Saddam Hussein of weapons of mass destruction the US insisted it possessed...
- Views on the 2003 invasion of IraqViews on the 2003 invasion of IraqThe events surrounding the 2003 invasion of Iraq have led to numerous expressions of opinion with respect to the war. This page contains links to several topics relating to views on the invasion, and the subsequent occupation of Iraq.American views...
Links relevant to refugee status claims in Canada
- Canada and Iraq War ResistersCanada and Iraq War resistersDuring the Iraq War, which began with the 2003 invasion of Iraq, there were United States military personnel who refused to participate, or continue to participate, in that specific war. Their refusal meant that they faced the possibility of punishment in the United States according to Article 85...
- Canada and the Iraq WarCanada and the Iraq WarThe Iraq War began with the 2003 invasion of Iraq. The government of Canada did not at any time formally declare war against Iraq. Nevertheless, the government of Canada, and Canadian citizens had complex relationships to that war...
- Canada Border Services AgencyCanada Border Services AgencyThe Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....
- Canadian immigration and refugee lawCanadian immigration and refugee lawCanadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal...
- Canadian nationality lawCanadian nationality lawCanadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen and was born or naturalized in Canada, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who lives in Canada for three out...
- Citizenship and Immigration CanadaCitizenship and Immigration CanadaCitizenship and Immigration Canada is the department of the government of Canada with responsibility for issues dealing with immigration and citizenship...
- Immigration and Refugee Board of CanadaImmigration and Refugee Board of CanadaThe Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
- Immigration and Refugee Protection ActImmigration and Refugee Protection ActImmigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
- Immigration to CanadaImmigration to CanadaImmigration to Canada is the process by which people migrate to Canada to reside permanently in the country. The majority of these individuals become Canadian citizens. After 1947, domestic immigration law and policy went through major changes, most notably with the Immigration Act, 1976, and the...
- Jeffry HouseJeffry HouseJeffry A. House is a lawyer in Toronto, Ontario, Canada. He is best-known for his efforts on behalf and representation of fugitive American soldiers and Native Canadian protesters.-American soldiers:...
- Permanent residentPermanent resident (Canada)A Permanent Resident in Canada is someone who is not a Canadian citizen but who has been granted permission to live and work in Canada without any time limit on his or her stay...
- Right of AsylumRight of asylumRight of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
- Temporary residentTemporary resident (Canada)A temporary resident in Canada is someone who is not a Canadian citizen but is legally in Canada for a temporary purpose, including international students, foreign workers and tourists.Some foreign nationals require a Temporary Resident Visa to visit Canada...
- War Resisters Support CampaignWar Resisters Support CampaignThe War Resisters Support Campaign is a Canadian non-profit community organization, founded in April 2004 in Toronto, Ontario to mobilize support among Canadians and worldwide to convince the Canadian government to offer sanctuary to all U.S...
Decision-makers in Jeremy Hinzman's experience with the Canadian Legal System
- Brian P. Goodman ruling on Jeremy Hinzman case
- Anne Mactavish ruling on Jeremy Hinzman case
- Justices Michel Bastarache, Rosalie Abella, and Louise Charron ruling on Hinzman
- Richard Mosley ruling on Jeremy Hinzman case
External links
- Co-Author of The Deserter's Tale, Lawrence HillLawrence HillLawrence Hill is an award-winning Canadian novelist and memoirist. He is best known for the 2001 memoir Black Berry, Sweet Juice: On Being Black and White in Canada and the 2007 novel The Book of Negroes....
's website - A critical review of the book, with excerpts
Video Links
by Janette LuuJanette Luu
Janette N. Luu is a Vietnamese-American broadcaster. Until October 2009, she hosted CANOE Live, a local TV program on Sun TV in Toronto, Ontario, Canada as Toronto's first-ever Vietnamese TV news anchor.-Personal life:...
, the host for CANOE Live, a local TV program on Sun TV
CKXT-TV
CKXT-DT was a broadcast television station based in Toronto, Ontario, Canada and serving much of southern and eastern Ontario, owned by Quebecor Media through its Groupe TVA unit. At the time of the station's closure on November 1, 2011, the station was serving as an over-the-air simulcast of...
in Toronto, Ontario, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...