Canada accepted nearly 100,000 deserters from the Vietnam War. Will it do the same now?
Permanent Residence in Canada: From Vietnam to Ukraine
Since the end of 2025, it's NOT the war that has begun to change in Ukraine, it's the way how the war is documented.
What has existed in Canada for years in grey area: failure to appear, failure to register for military service, and unauthorized absence from a military unit are gradually beginning to be criminalized by Ukraine, instead of administrative fines, and, most importantly, reflected in official certificates of no criminal record. Whether the mobilization was carried out legally and with all procedures followed is a secondary issue, and, unfortunately, it has nothing to do with Canada.
And it is exactly this issue that is the most dangerous in the international and immigration context.
As long as the state doesn't record facts such as criminal prosecution, other countries are not obligated to conduct legal equivalent proceedings. But as soon as the certificates contain phrases like "draft evasion," "opened criminal proceedings," or "absenteeism," this is sufficient grounds for Canada to initiate mandatory analysis for serious criminal activity.
Why is this critical now? Because in Canadian law, draft evasion, special protective measures, and desertion don't exist as separate phenomena. They have historically been lumped together, and this is where the dangerous logic of equivalent proceedings comes into play.
To understand where this could lead, it's not enough to look only at the current Ukrainian reality. We need to consider how Canada has already traveled this path. And it has such a precedent.
The history of the Vietnam War is often used as a consoling argument: Canada has accepted deserters before, so "nothing terrible will happen" now. This is a very dangerous misconception, because the real history of Vietnam isn't about humanism, but about behind-the-scenes games, temporary concessions, and a subsequent, very dangerous U-turn.
And that's why it's critically important today in the context of Ukraine.
During the Vietnam War, Canada did accept tens of thousands of US citizens. Estimates vary, but between 60,000 and 100,000 immigrated to Canada to escape the draft and criminal prosecution. Of these, approximately 20,000–26,000 were draft dodgers, and another 10,000–30,000 were military personnel who effectively deserted. About 30,000 subsequently became Canadian citizens.
There was an entire network of semi-official, and in some places even unofficial, government support: church organizations, university groups, trade unions, and human rights movements effectively monitored these cases until permanent residency status was obtained. Canada deliberately took political risks, balancing domestic pressure with relations with the United States, where in 1971 alone, the Department of Defense counted more than 35,000 deserters wanted, and the total number of deserters during the war exceeded 500,000.
But the key point here, often overlooked, is that this policy was never legally codified. It was temporary, political, and situational.
CANADIAN TRAP SINCE THE VIETNAM WAR – what is it?
The Vietnam experience demonstrated an important point. Initially, Canada strictly distinguished between Draft Dodgers and Deserters. Draft dodgers were accepted more easily, while deserters were accepted with extreme reluctance. Until May 1969, there were even hidden instructions for border guards that directly hindered the entry of deserters. Only after pressure from parliamentarians, the media, and the United Church of Canada was this practice formally abolished.
Then, under the influence of arguments of conscience, revelations of war crimes, and references to international humanitarian law, these categories were combined into a single framework of resistance to war. This unification long worked in favor of applicants: neither draft dodgers nor deserters were automatically criminalized in Canada. The state preferred to "ignore" the military obligations of other countries.
But here's the key error in long-term thinking: the article remained the same. It was simply not touched.
When the political and legal climate changed decades later, the same framework began to work against everyone.
Since 2010, following the implementation of Operational Bulletin 202, Canada officially returned to a harsh interpretation: desertion, and with it, evasion of military service, as stated on paper, became a criminal offense, and "soldiers of conscience" were deemed criminally inadmissible. As the result- denial of asylum, deportation, and actual prison terms upon return. Thus, deserters returning to the US after being rejected in Canada received 12 to 25 months in military prison, with public expression of an anti-war stance used as an aggravating circumstance.
Now, let’s talk about Ukraine. Currently, there is no registration or data update – it's an administrative process. However, the authorities are working on legislation to automatically register citizens, for example, when renewing a passport. No separate application is required for this. If citizens are registered automatically, then it will be possible to charge them with evasion of military service. This will be reflected on their certificate of no criminal record.
I've talked about this a lot over the past year: until there was a centralized mechanism for criminal prosecution for failure to appear, failing to register, or refusing to serve, there was no real, systemic criminal liability. There were fines, administrative measures, and chaotic practices.
But December 2025 and January 2026 were turning points.
Bills have been submitted for consideration that would allow:
- registering those who failed to register for military service – ALREADY EXISTS, according to a Cabinet of Ministers resolution;
- initiating criminal proceedings for evasion. This possibility has always been there, but no one was interested. And now they're really starting to create problems abroad so that people return out of desperation.
- DO NOT treat the criminal record as a service incident but refer such cases to the authorities for criminal proceedings and pre-trial investigation.
And here comes the most dangerous part.
Certificate of No Criminal Record as a Trigger!
Until Ukraine reflected these facts in the certificates of no criminal record, the Canadian side did not initiate an equivalent analysis. But as soon as the documents contain:
- a reference to a criminal offense, or
- even just a note about an open criminal case,
— this is sufficient for Canada to initiate a mandatory legal analysis.
It's important to understand: a conviction is not necessary. The mere fact of criminal prosecution is sufficient.
I emphasize again that in Canada, the equivalent includes all of the following in one category:
- evasion of military service,
- unauthorized absence from a unit,
- desertion,
They are combined into one category—evasion of compulsory military service. The equivalent of this category in Canada is desertion under Section 88 of the National Defense Act, where the maximum penalty is life imprisonment.
The consequences are direct and harsh:
- serious criminality is established;
- permanent residence becomes impossible;
- current work permits may be revoked;
- refugee status does not automatically protect, except in very particular and rare exceptions.
Is it possible to combat this? Yes! There are some exceptions under which the desertion statute does not apply, but for these, you need to consult a professional who knows the right tools to use. You must meet three exceptional conditions to be eligible to request a waiver of criminal inadmissibility due to evasion. This does not automatically lead to deportation, but it is a very serious matter.
Why the Vietnam experience is a warning, not a consolation?
The history of Vietnam demonstrates not a "good Canada," but Canadian caution and adaptability. First, a blind eye. Then, a merging of categories. Then, a sharp legal U-turn.
As one prediction, I can say that Canada may soon begin requiring former military personnel to provide official documents confirming their discharge from the military; this has already happened.
Now that Ukraine has begun to bring cases of evasion into criminal cases rather than into the "internal workings" of departments, we are obligated to monitor the situation in all contexts: criminal, administrative, international, and immigration. Because history shows: when the article is the same but the interpretation changes, the fate of everyone changes.
Be vigilant!
I spent a lot of time working on this material and verified all the legal accuracy on both sides of the Canada-Ukraine relationship. I hope this information will be helpful to many. You can ask questions about legal issues in Ukraine in our Telegram chat, but they will be answered by a licensed Ukrainian lawyer, not me.
Oleksandra Melnykova, Canadian Immigration and Refugee Consultant.
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