Two U.S. army deserters who hoped to receive refugee status in Canada won't be getting their day in court.

The Supreme Court of Canada refused Thursday to hear the appeals of Jeremy Hinzman and Brandon Hughey, who deserted the army in 2004 after learning their units were going to be sent over to Iraq. They argued that they didn't want to take part in what they felt was an immoral war.

If convicted of desertion the two could face imprisonment.

Hinzman and Hughey came to Canada in the hopes of earning refugee status here - their claim was rejected by the Immigration and Refugee Board in 2005. In its ruling the board said they wouldn't be at risk of "cruel and unusual treatment or punishment" if they returned to the United States.

The Supreme Court didn't give a reason for its decision, as it usual.

Green party Leader Elizabeth May voiced her opinion on the matter, contending Canada shouldn't ""facilitate the persecution of American war objectors by deporting them to the United States."

"Canada is a peaceful country and we have a proud tradition of welcoming conscientious objectors, most notably American soldiers who fled to Canada while the United States waged war in Vietnam," she said.

Hinzman arrived in Canada in January of 2004 with his wife and son, and Hughey came here two months later.