Ex-US soldier battles deportation order

By Anisa Lancione –

Iraq war resister and Bathurst Quay resident Patrick Hart, his wife Jill, and his son Rian have received a deferral of the deportation order that would have had them leave Canada by Oct. 30.

The family had been notified on Oct. 8 that they had to voluntarily leave the country by the end of the month. On Oct. 10, they were notified that their departure date had been pushed back to Jan. 15.

Hart is a former sergeant and a nine-year veteran of the US military. He served one tour of duty in the Middle East as part of Operation Iraqi Freedom. After that experience, he made the decision that he could no longer take part in what he felt was illegal and unwarranted military occupation.

Hart and his family moved to Toronto in August 2005. Since then, they have been struggling to gain official status in Canada.

They have also been building a life in their new home, making friends and getting involved in the community. Jill Hart has volunteered on the board and even served as president of Windward Co-op.

Despite her involvement, few community members and neighbours are aware of their plight. Friend and neighbour Jessica Polley states that the Harts have been “very low-key about why they were in Canada.”

Polley met the Harts when her daughter became friends with their son.

“I knew they were American and I asked Pat one day why they had moved to Canada,” Polley recalls. “He told me that he was a soldier who had been to the Middle East and was supposed to go back again and couldn’t. I didn’t ask any more questions, as we had just met, but over the years I heard a story that surprised and shocked me.”

Hart’s story drew the notice of the War Resisters Support Campaign (resisters.ca), which provides advocacy and even financial support to resisters living in Canada. But while some resisters rely on the group to help defray the legal costs involved in the fight to remain in Canada, so far, the Harts are paying their own way, says Michelle Robidoux, a member of the campaign.

MP Olivia Chow has also stepped in to support the Hart’s application to remain in Canada.

“He is a wonderful person,” she describes.

Chow has followed the Harts’ story since they arrived in Canada. First, they applied for refugee status, followed by their first hearing.

“The Harts were turned down,” she states. “There is no appeal in the refugee determination process. Then they give you a deportation order. Prior to deportation there is a pre-removal risk assessment (or PRA) to see if you will face problems when you return home.”

The Harts’ PRA was rejected. They then put in an application for consideration to seek permanent resident status on humanitarian and compassionate grounds. Despite strong community support, the whole family was declined.

At this point, Chow explains, “Stephen Harper can create a program to allow them to stay. The federal court twice now said that the negative decision on the refugee board is wrong.  The court has determined that the refugee determination process is flawed and have asked for another hearing [for two other resisters].”

Chow continues, “The court and the people both said ‘Let the war resisters stay.’ Now the court is saying that deporting them is the wrong decision. It’s time for Stephen Harper to do the right thing.”