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Narrowing the Gap by Widening the Conflict: Power Politics, Symbols of Sovereignty, and the American Vietnam War Resisters' Migration to Canada

Published online by Cambridge University Press:  02 April 2024

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Abstract

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In this article, I consider how a second face or dimension of covert political power was used to deny legal immigration status to Vietnam War military resisters who sought refuge in Canada during the early years of the largest politically motivated migration since the American Revolution. Recently declassified historical records and interviews with former politicians and administrators reveal that the Canadian Immigration Department and its minister misled the public in advancing an official myth about the evolution of this migration. Until successfully exposed by persistent and innovative investigative journalism, the backstage use of political power kept American Vietnam military resisters who were seeking to legally immigrate defensively framed in a symbolic package that defined them as culturally unsuitable. Several thousand American military resisters lived illegally in Canada until conflict about their plight was successfully broadened and transformed into an effective collective grievance and claim under Canadian immigration law. Once the gap between Canadian immigration law and its practice was fully exposed, the conflict about this policy grew rapidly to include a number of cultural elite groups and a master framing of these American servicemen as unexpected symbols of Canadian sovereignty. A fully elaborated explanation of the collective transformation of sociolegal grievances into successful legal claims requires combined attention to the macrolevel interaction of political power and cultural symbolism.

Type
Articles
Copyright
Copyright © 2000 by the Law and Society Association

Footnotes

This research was supported by a fellowship for the author from the John Simon Guggenheim Foundation and by a grant from the Social Sciences and Humanities Research Council of Canada.

References

References

Abel, Richard (1980) “Redirecting Social Studies of Law.” Law & Society Rev. 14:805.CrossRefGoogle Scholar
Bachrach, Peter, & Baratz, Morton (1962) “The Two Faces of Power,” 56 American Political Science Rev. 947–52.CrossRefGoogle Scholar
Bachrach, Peter, & Baratz, Morton (1963) “Decisions and Nondecisions: An Analytical Framework,” 57 American Political Science Rev. 641–51.CrossRefGoogle Scholar
Berton, Pierre (1997) 1967: The Last Good Year. Toronto: Doubleday Canada.Google Scholar
Best, Arthur, & Andreasen, Alan (1977) “Consumer Response to Unsatisfying Purchases: A Survey of Perceiving Defects, Voicing Complaints, and Obtaining Redress,” 11 Law & Society Rev. 701–42.CrossRefGoogle Scholar
Black, Donald (1973) “The Mobilization of Law,” 2 J. of Legal Studies 125–49.CrossRefGoogle Scholar
Black, Donald (1976) The Behavior of Law. New York: Academic Press.Google Scholar
Buchanan, Patrick (1973) “The ‘Facts’ on Exiles,” New York Times, 20 Feb., p. 29.Google Scholar
Burstein, Paul, Bricher, Marie, & Einwohner, Rachel (1995) “Policy Alternatives and Political Change: Work, Family, and Gender on the Congressional Agenda, 1945–1990,” 60 American Sociological Rev. 6783.CrossRefGoogle Scholar
Clarkson, Steven (1969) “Remove the Barriers to U.S. ‘Refugees,‘Toronto Star, 7 May, p. 6.Google Scholar
Colhoun, Jack (1977) “War Resisters in Exile: The Memoirs of Amex-Canada,” Amex Nov.–Dec, 1–76.Google Scholar
Crenson, Matthew (1971) The Un-Politics of Air Pollution: A Study of Non-Decision-making in the Cities. Baltimore: Johns Hopkins Univ. Press.Google Scholar
Dashefsky, Arnold, DeAmicis, Jan, Lazerwitz, Bernad, & Tabory, Ephraim (1992) Americans Abroad: A Comparative Study of Emigrants from the United States. New York: Plenum Press.CrossRefGoogle Scholar
Felstiner, William, Abel, Richard, & Sarat, Austin (1980-81) “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming,” 15 Law & Society Rev. 631–54.CrossRefGoogle Scholar
Galanter, Marc (1983) “Reading the Landscape of Disputes: What We Know and Don't Know (and Think We Know) about Our Already Contentious and Litigious Society,” 31 UCLA Law Rev. 471.Google Scholar
Gamson, William, & Modighani, Andre (1989) “Media Discourse and Public Opinion on Nuclear Power: A Constructionist Approach,” 95 American J. of Sociology 137.CrossRefGoogle Scholar
Hagan, John (2001) Northern Passage: The Lives of American Vietnam War Resisters in Canada. Cambridge: Harvard Univ. Press.Google Scholar
Kasinsky, Renée (1976) Refugees from Militarism: Draft-Age Americans in Canada. New Brunswick, NJ: Transaction Books.Google Scholar
Kent, Tom (1988) From a Public Purpose: An Experience of Liberal Opposition and Canadian Government. Montreal: McGill-Queen's Univ. Press.CrossRefGoogle Scholar
Ludwig, Jack (1969) “Why We Should Not Desert Sovereignty,” Globe & Mail, 9 May, p. 7.Google Scholar
Lukes, Steven (1974) Power: A Radical View. London: Macmillan.CrossRefGoogle Scholar
Manual for Draft-Age Immigrants to Canada. 1968–1970, first through fifth editions. Published by House of Anansi and Toronto Anti-Draft Programme.Google Scholar
Mather, Lynn & Yngvesson, Barbara (1980-81) “Language, Audience and the Transformation of Disputes.” Law & Society Rev. 15: 775–822.CrossRefGoogle Scholar
McAdam, Douglas (1997) “Culture and Social Movements,” in Buechler, S. & Kurt Cylke, F. Jr., eds., Social Movements: Perspectives and Issues. Mountain View, CA: Mayfield.Google Scholar
Mutchmor, James Ralph (1965) Mutchmor. Toronto: Ryerson Press.Google Scholar
Pedriana, Nicholas, & Stryker, Robin (1997) “Political Culture Wars 1960s Style: Equal Employment Opportunity-Affirmative Action Law and the Philadelphia Plan,” 103 (3) American J. of Sociology 633–91.CrossRefGoogle Scholar
Schattschneider, E. E. (1960) The Semi-Sovereign People: A Realists' View of Democracy in America. New York: Holt, Rinehart & Winston.Google Scholar
Simpson, John, & MacLeod, Henry (1985) “The Politics of Morality in Canada,” in Stark, R., ed., Religious Movements: Genesis, Exodus, and Numbers. New York: Paragon House.Google Scholar
Skocpol, Theda (1992) Protecting Soliders and Mothers: The Political Origins of Social Policy in the United States. Cambridge, Mass.: Belknap.CrossRefGoogle Scholar
Skocpol, Theda, & Amenta, Edwin (1986) “States and Social Policies,” 12 Annual Rev. of Sociology 131–57.CrossRefGoogle Scholar
Snow, David, Rochford, E. Burke Jr., Worden, Steven K. & Benford, Robert (1986) “Frame Alignment Processes, Micromobilization, and Movement Participation.” 51 American Sociological Rev. 464–81.CrossRefGoogle Scholar
Surrey, David (1982) Choice of Conscience: Vietnam Era Military and Draft Resisters in Canada. New York: Praeger.Google Scholar
Swidler, Ann (1986) “Culture in Action,” 51 American Sociological Rev. 273–86.CrossRefGoogle Scholar
Swigert, Victoria, & Farrell, Ronald (1980-1981) “Corporate Homicide: Definitional Processes in the Creation of Deviance,” 15 Law & Society Rev. 161–82.CrossRefGoogle Scholar
U.S. Bureau of the Census (1990) Migration Between the United States and Canada. Current Population Reports, Series P-23, No. 161. Washington, DC: GPO.Google Scholar
Weir, Margaret, & Skocpol, Theda (1985) “State Structure and Possibilities for ‘Keynesian’ Responses to the Great Depression in Sweden, Britain, and the United States,” in Evans, P. B., Rueschmeyer, D., & Skocpol, T., eds., Bringing the State Back In. New York: Cambridge Univ. Press.Google Scholar
Williams, Rhys H. (1995) “Constructing the Public Good: Social Movements and Cultural Resources,” 42 Social Problems 42 124–44.CrossRefGoogle Scholar

Statute Cited

Immigration Act of 1952, R.S.C., vol. III, chap. 145, pp. 3147–50..Google Scholar