International Law

U.S. War Deserter set for Deportation

By immlawyer

Robin Long - should his deportation be carried out as ordered - will be removed from Canada today.

Long is a deserter from the US military and will be the first deserter to be removed from Canada.

It appears that his counsel, Shepherd Moss, attempted a stay of the removal proceedings via an application to the Federal Court of Canada. It seems that Madame Justice Anne Mactavish was less than impressed with the argument asserting that Long met the tripartite test set out in Toth which requires the applicant establish a serious issue; irreparable harm; and finally, balance of convenience in favour of the applicant.

A 'stay' is an extraordinary remedy - and based on principles of equity. It appears that the (mis)conduct of Mr. Long may have been a relevant factor as Madame Justice Mactavish had criticized his 'disrespect' for Canadian law.

National Post article here.   

Full post as published by Canadian Immigration Blawg on July 15, 2008 (boomark / email).