U.S. soldier who fled to Canada to avoid Iraq war gets 10 months in jail - Macleans.ca

U.S. soldier who fled to Canada to avoid Iraq war gets 10 months in jail


COLORADO SPRINGS, Colo. – A soldier in the U.S. Army who fled to Canada to avoid a second tour of duty in Iraq has been sentenced to 10 months in prison.

Kimberly Rivera pleaded guilty Monday to two counts of desertion and was sentenced to the prison term and received a bad-conduct discharge.

The 30-year-old has said she became disillusioned with the U.S. mission in Iraq while serving there in 2006.

During a two-week leave in the U.S. in 2007, Rivera crossed the Canadian border after she was ordered to serve another tour in Iraq.

She applied for permanent residency, but Canadian immigration officials ordered her to leave the country or face deportation. Authorities also rejected her requests to stay on humanitarian and compassionate grounds.

Rivera was first ordered to leave Canada or face deportation in 2009, but she appealed that decision. The mother of four faced another deportation order issued in 2012.

Rivera, now a mother of four, turned herself over to the United States in September last year. She was arrested and transferred to U.S. military custody as soon as she crossed the border.

She was a driver in Fort Carson’s 4th Infantry Brigade Combat Team and served in Iraq in 2006. She has said that, while there, she became disillusioned with the U.S. mission in Iraq.

The Colorado Springs Gazette reported that when judge Col. Timothy Grammel asked Rivera on Monday how long she remained absent, Rivera replied: “As long as I possibly could, sir. … I intended to quit my job permanently.”

Roughly 19,000 people signed an online petition in Canada protesting Rivera’s deportation order, and rallies were held in a number of Canadian cities calling on the government to let her stay in the country.

Nobel Peace Prize winner Archbishop Desmond Tutu and the U.S. veterans organization Veterans for Peace also protested the deportation order.

During her sentencing hearing, government lawyers argued that Rivera, who was granted leave shortly into her tour to work out marital issues, failed to return because her husband threatened to leave her and take their children, The Gazette reported.

Rivera’s civilian defence attorney, James Matthew Branum, argued that Rivera never filed for status as a conscientious objector because she didn’t know the option was available to her. He said Rivera should have been informed about it when she met with a chaplain in Iraq over concerns that she couldn’t take a life, The Gazette reported.

In 2012, the War Resisters Support Campaign, a Canadian activist group, estimated that there were about 200 Iraq war resisters in Canada. It said two other Iraq war resisters who were deported, Robin Long and Clifford Cornell, faced lengthy jail sentences upon their return.

Long was given a dishonourable discharge in 2008 and sentenced to 15 months in a military prison after pleading guilty to charges of desertion.

The House of Commons most recently passed a motion in 2009 in favour of allowing U.S. military deserters to stay, but the Conservative Party government was not persuaded.

During the Vietnam War, as many as 90,000 Americans won refuge in Canada, most of them to avoid the military draft. Many were given permanent residence status that led to Canadian citizenship, but the majority went home after President Jimmy Carter granted amnesty in the late 1970s.

Some Canadian politicians say the situation is different now because Iraq war deserters like Rivera enlisted in the U.S. military voluntarily.

__ With files from The Associated Press

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U.S. soldier who fled to Canada to avoid Iraq war gets 10 months in jail

  1. Many years ago while living in Victoria BC I made the aquaintance of an American draft dodger from the war in Vietnam by the name of Bruce Bott. He was a rather likeable character who actually got a Canada Council Grant to do some deep ocean research on Orcas aboard his sailboat the Four Winds. He and his small crew put a transponder in the water playing some flute music they’d recorded which eventually attracted a small pod of killer whales who came to inspect the craft. He then donned some scuba gear and swam underwater with these enromous creatures. No one had the guts to have ever done that before.

  2. Comparing Viet Nam draft dodgers and Iragi deserters is like comparing apples to oranges. One had no choice as he was drafted likely against his will while the other was not drafted against her will but joined the army on her own free will. She was lucky that she did not have to serve more time in jail.