The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50831
ASSOCIATES was introduced to the war resisters' files, and found her niche. "The clients are amazing," says Manning. "They've made some really hard choices based on their moral or religious beliefs. There are also some very interesting legal issues involved." For Manning, there is a simple issue of personal autonomy for her clients. "What other job can you not quit? In this case, if you quit, you're thrown in jail." In a broader sense, Manning believes her war resister clients are exercising their fundamental human rights. "It's my personal belief that if a soldier doesn't want to fight in a war because he believes it's immoral or illegal, he should be allowed to make that choice. An employee shouldn't be sent to jail because he doesn't want to do something he finds immoral, even if the employer is the military." But does that mean the former soldiers actually qualify for refugee status in Canada? Manning argues that Americans refusing to fight in Iraq may be considered refugees for several reasons, the most compelling being the specific orders they've been given. "It's been very well documented that what the coalition forces have been doing on a regular basis in Iraq constitutes mass breaches of humanitarian law," says Manning. "The law is clear. If military orders are breaches of humanitarian law, then any punishment that stems from refusing to follow those orders constitutes persecution." There are also arguments stemming from how Manning's clients would be treated in the U.S. "There's a growing body of evidence that the U.S. military is selecting people who have publicly spoken out about their opposition to the Iraq War for prosecution and harsher punishment," she says. "In any other context, if you were punished for expressing your political opinion, that would be considered persecution. I think it's just as clear in this case." There was a time when Manning didn't seem destined to don legal robes. At 16, she dropped out of her Kingston, Ont., high school and lived on her own. "I was listening to punk rock, playing guitar," she says, adding with a wry smile, "I was not the most productive member Madsen_Military Law (CL 1-3sq).indd 1 of society." Manning — who says she's wanted to be a lawyer "ever since I got over wanting to be a rock star" — still plays guitar. And although she never moved back home, she describes her relationship with her parents as "amazing," and looks forward to family jam sessions as a favourite form of stress relief. The Mannings play "rock, blues, country, a bit of pop, and funk — whatever we can find the chords to." Even in law school, although intellectually stimulated, Manning says she was "never a very attentive student. In refugee law class, a representative from the Department of Justice gave a guest lecture on the Hinzman [war resister] case. I said to my friend, 'What's this guy talking about, do you know?'" Manning recalls. "Two-and-a-half years later, I was in Federal Court arguing for a stay of removal in the same case." Immigration and refugee law brings a unique set of challenges. Manning's clients are often traumatized by war and violence. "Constantly hearing about, thinking about, working on experiences of trauma is emotionally draining," she says. "And to adequately present some- one's story and make legal arguments about it, you not only have to listen, you have to get in there with them, in depth." Confidentiality increases the burden. "It stays with you." The war resister cases are highly specialized, giving rise to mountains of documentary evidence. In similar cases, there might be a dozen pages of written submissions; in these cases, submissions will routinely run 50 pages or more. And while Manning leads the typical associate's life of late nights and long hours, she takes home a fraction of the income of her Bay Street counterparts. The rewards, like the workload, can be enormous. "With a positive decision," says Manning, "you have improved someone's life in such a serious way. To tell someone, 'You don't have to go to prison, you can stay safely in the country you have chosen,' it's a huge impact. There is no better feeling than being able to help other people. That feeling is irreplaceable." Military Law and Operations Dr. Chris Madsen – Associate Professor, Royal Military College of Canada and Canadian Forces College Ensure you have all the legal information you need when working with the Canadian military Military Law and Operations is the first looseleaf publication to examine Canadian military law and operations, and the legal issues of the soldier from a Canadian perspective. In a single source you can readily access information on defence, armed forces and military law, as well as the legal dimensions of operations. Military Law and Operations includes Appendices containing key statutes and case law summaries as well as comprehensive lists of recent courts martial and appeal cases summarized to provide quick access to charge and sentencing information. This is an indispensable resource for lawyers, military professionals and academics in Canada and the United States. Order your copy today! Looseleaf & binder • $175 Releases invoiced separately (1-2/yr) P/C 0266030000 • ISSN 1918-2236 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. CL0409 www. C ANADIAN Law ye rmag.com M AY 2009 15 4/2/09 2:45:57 PM