J. Hagan, Narrowing the gap by widening the conflict: Power politics, symbols of sovereignty, and the American Vietnam War resisters' migration to Canada, LAW SOC REV, 34(3), 2000, pp. 607-650
In this article, I consider how a second face or dimension of covert politi
cal power was used to deny legal immigration status to Vietnam War military
resisters who sought refuge in Canada during the early years of the larges
t politically motivated migration since the American Revolution. Recently d
eclassified historical records and interviews with former politicians and a
dministrators reveal that the Canadian Immigration Department and its minis
ter misled the public in advancing an official myth about the evolution of
this migration. Until successfully exposed by persistent and innovative inv
estigative journalism, the backstage use of political power kept American V
ietnam military resisters who were seeking to legally immigrate defensively
framed in a symbolic package that defined them as culturally unsuitable. S
everal thousand American military resisters lived illegally in Canada until
conflict about their plight was successfully broadened and transformed int
o an effective collective grievance and claim under Canadian immigration la
w. Once the gap between Canadian immigration law and its practice was fully
exposed, the conflict about this policy grew rapidly to include a number o
f cultural elite groups and a master framing of these American servicemen a
s unexpected symbols of Canadian sovereignty. A fully elaborated explanatio
n of the collective transformation of sociolegal grievances into successful
legal claims requires combined attention to the macrolevel interaction of
political power and cultural symbolism.