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Q: "Canada is not killing black people at the alarming rate the United States is," says Kyle Lydell Canty, a black American citizen seeking refugee status in Canada. 
  
 Canty appeared in front of the Immigration and Refugee Board last Thursday, representing himself because as a non-citizen, he couldn't get legal aid. An IRB decision in his case is expected to be rendered in four to six weeks. 
  
 Canty crossed the border in September to visit and take photos. "I was unsure at the time that I would be making a refugee claim," he told VICE News. He made up his mind two days later. 
  
 At his IRB hearing, Lydell said he presented exhibits meant to demonstrate the human rights conditions in the US, including videos of his own and others' experiences of being harassed by cops, various news reports, and the UNHCR handbook on determining refugee status. 
  
 "I then presented evidence specifically dealing with me, such as documents dealing with false arrests, no probable cause, evidence of extortion on behalf of the police departments and courts," he said. 
  
 Lydell is from New York, but has lived in Arizona, Texas, Arkansas, Washington, Oregon, Pennsylvania, and Florida. He's moved constantly, he says, partially because of his interactions with police. 
  
 Related: Taxpayers in Detroit Suburb Must Pay $1.3 Million in Police Brutality Settlement 
  
 If he returned to the US, he'd be facing charges including jaywalking, trespassing, threats and intimidation, and disorderly conduct — he points out none of these charges are felonies, and insists they're all false. 
  
 In New York, Canty says he was convicted by default of attempting to resist arrest and using foul language since he refused to go to court after he was denied a jury trial — something he says he's been denied repeatedly. 
  
 "Ninety-nine per cent of the time the cops in the United States don't have probable cause to make the arrest in the first place," he says. "We are dealing with illegal search and seizure." 
  
 Lydell says his experiences with the justice system in the US have compelled him to "provide knowledge to every black person in America on how to properly sue their government and any other government who wants to follow in America's footsteps." 
  
 "I didn't admit to any of these charges, and all of the charges are false," said Canty. "My argument is the cops falsely arrest black people all the time." 
  
 He was charged with jaywalking in Tuscon for example when he was out exercising in the early hours of the morning. Canty says he was crossing the road during a green light when an officer stopped him and demanded that he show him his ID. He believes the stop was racially motivated. 
  
 Through the district court of Oregon, Lydell launched an action against the FBI for failing to investigate alleged civil rights abuses by the Tucson Police Department and the Rochester Police Department. In September, the claim was dismissed with leave to amend — the amended claim, the order said, would have to be more specific. 
  
 Related: Seattle's Former Police Chief Speaks Out About Ferguson and Police Brutality 
  
 It's rare for US citizens to get refugee status in Canada. According to the most recent numbers from the IRB, only 2 people were accepted from January to June of 2015 of a total of 71 claims. Only one claim was accepted in all of 2014 of a total of 166. 
  
 "I've personally spoken to over a dozen different Americans who've claimed refugee status and it's often hard for people to believe because most people imagine refugees coming from places in the global south," says Harsha Walia, co-founder of No One is Illegal Vancouver. 
  
 "The reality is there are a lot of Americans seeking asylum in Canada — a lot of black folks and people of color who face racial violence, and quite a lot of women who claim asylum because of fairly weak domestic violence laws in different states in the US," Walia says. 
  
 To obtain refugee protection in Canada, a claimant must prove that his or her home country is unable to provide protection against persecution, and the evidentiary threshold for proving this is very high, says Efrat Arbel, a law professor at the University of British Columbia Allard School of Law. 
  
 "Even extreme forms of discrimination — including violence or harassment — may not constitute 'persecution' in the legal sense of the word," she says. "This is an onerous legal requirement, which makes it difficult for many claims to succeed." 
  
 In addition, the US is considered a designated country of origin in Canada, meaning a place the Canadian government doesn't believe normally produces refugees and protects human rights. 
  
 "My sense is that if any of the past cases are an indicator, he will unfortunately be refused and reported, but that's where community pressure will make a difference," says Walia. 
  
 Canty says he fears for his life because "cops are threatening me, showing up to my home, banging on doors, shooting and killing black people. It's as simple as that. 
  
 "I've had interactions with police officers here, and they're very different from police in the States," he says. "I'm not stupid enough to think Canada doesn't have any racism, because North America has a history of racism. 
  
 "However Canada is a much safer place for me than the States." 
  
 Follow Tamara Khandaker on Twitter: @anima_tk ||||| A black US citizen who sought refugee status in Canada, claiming he was afraid of police violence against black people, has returned to the US since his application was rejected in December. 
  
 Kyle Lydell Canty said he crossed the border into British Columbia in early September to visit and take photos, but two days later, decided to stay and apply for refugee status. 
  
 At an Immigration and Refugee Board hearing in October, where he represented himself, Canty argued that black people are "being exterminated at an alarming rate" in the US, and presented exhibits meant to demonstrate the human rights conditions in his home country, including videos of his own and others' experiences of being harassed by cops, various news reports, and the handbook from the UN refugee agency UNHCR on determining refugee status. 
  
 "I then presented evidence specifically dealing with me, such as documents dealing with false arrests, no probable cause, evidence of extortion on behalf of the police departments and courts," he told VICE News in October. 
  
 Related: This Black American Wants Refugee Status in Canada Because of Police Brutality 
  
 But the IRB has found Canty doesn't have a well-founded fear of persecution under UN grounds — race, nationality, religion, membership in a particular social group, or political opinion — in the US. The board's Ron Yamauchi wrote in his decision that Canty's deportation back to the US wouldn't "subject him personally to a risk to his life or to a risk of cruel and unusual treatment or punishment," and that there were no substantial grounds to believe he'd be subjected to torture. 
  
 Canty, who alleges that he's been harassed by police in each of the six states he's lived in, faces charges including jaywalking, trespassing, threats and intimidation, and disorderly conduct in the US. He denies being guilty of any of them. 
  
 While Yamauchi did find Canty credible, he wrote the self-shot videos Canty provided of his interactions with American police did "raise a question about his subjective fear," which is a requirement of a positive refugee determination under the Immigration and Refugee Protection Act. 
  
 'All of this is political and has nothing to do with refugee law.' 
  
 "On these clips the claimant is interacting with police officers, addressing them with comments such as 'You guys are just ridiculous' and 'You're dumb,'" he wrote. "His demeanor, in these videos, is not redolent of intimidation." 
  
 Having said that, Yamauchi believed Canty was "clearly addressing an unseen viewer," and that he was was acting boldly "partly for reasons of performance." He did find Canty to have a genuine fear of returning to the US. 
  
 Yamauchi mentioned evidence presented by Canty on racial profiling in the US and the criminal justice system's treatment of minorities, and acknowledged there was a risk Canty could be stopped and questioned by police because he is black. 
  
 Related: Chicago Mails Out Checks Totalling $5.5 Million to Police Torture Survivors 
  
 However, he wrote that Canty's own experiences hadn't resulted in assault, extensive detention, or lack of due process. Considering the examples Canty submitted about police abuse faced by others, Yamauchi also found "victim precipitation" was a recurring factor and that there wasn't a lot of evidence of victims who had followed police instructions. 
  
 Yamauchi also wrote that harassment and discrimination don't merit refugee protection unless "they're serious or systematic enough to be characterized as persecution," which is serious harm, or an interference with a basic human right. Being subjected to laws and being arrested without injury or brutality is not persecution, he wrote. 
  
 In an email this week, Canty claimed he was thrown in jail for trying to move to Ottawa without informing the proper authorities, which he says he did. VICE News could not independently confirm this claim. 
  
 "All of this is political and has nothing to do with refugee law," he wrote. 
  
 "I was planning on appealing the case until I found out what was really going on with the Canadian government (Syria) everything is not what it seems lol," he said, adding that he will try the process again in three years. "This time I will pick America's Enemies, I still hate America just like I wrote and said." 
  
 Follow Tamara Khandaker on Twitter: @anima_tk 
  
 Watch Do You Trust The Police? - The People Speak: |||||
A:
An African American who applied to Canada for refugee status based on his fear of police brutality got some bad news last month: He's been rejected, the Huffington Post reports. Kyle Lydell Canty made his case in October at an Immigration and Refugee Board hearing, where he said black Americans are "being exterminated at an alarming rate" and said his own life may be at risk. He also mentioned well-known cases (like the deaths of Eric Garner and Michael Brown) and showed video of him apparently interacting with off-screen US police officers—but officials on the board weren't persuaded, Vice reports. "On these clips the claimant is interacting with police officers, addressing them with comments such as 'You guys are just ridiculous' and 'You're dumb,'" writes board member Ron Yamauchi in his decision. "His demeanor, in these videos, is not redolent of intimidation." While Yamauchi agreed that blacks are stopped "at the highest rate" by US police, he says Canty doesn't appear to be personally at risk. Canty (who is from New York but has lived in several states, Vice reported in October) faces charges including disorderly conduct, intimidation, trespassing, jaywalking, and threats, but denies the charges and says he was racially targeted. He's disillusioned about Canada, he says, but adds, "I still hate America."