On Nov 15, 2007, a quorum of the Supreme Court of Canada made of Justices Michel Bastarache, Rosalie Abella, and Louise Charron refused an application to have the Court hear the case on appeal, without giving reasons.
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The defense of superior orders again arose in the 1961 trial of Nazi war criminal Adolf Eichmann in Israel, as well as the trial of Alfredo Astiz of Argentina, the latter responsible for a large number of disappearances and kidnappings that took place during that country's Dirty War.
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Nuremberg Principle IV, and its reference to an individual’s responsibility, was at issue in Canada in the case of Hinzman v. Canada. Jeremy Hinzman was a U.S. Army deserter who claimed refugee status in Canada as a conscientious objector, one of many Iraq War resisters.
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Although Kearny had superior orders from the United States War Department, he had previously sent most of his troops back to Santa Fe, New Mexico, believing that the war in California had ended, and his remaining force sustained heavy losses in the United States defeat at the Battle of San Pasqual.
Justice Peter Cory, writing on behalf of the Supreme Court, said "Even where the orders are manifestly unlawful, the defence of obedience to superior orders and the peace-officer defence will be available in those circumstances where the accused had no moral choice as to whether to follow the order."