Human smuggling law struck down by B.C. court

[oneh2obabe]

The Canadian Press

VANCOUVER—Canada’s human smuggling law has been struck down by the British Columbia Supreme Court, leaving two high-profile prosecutions in limbo with the suggestion the federal government should go back to the drawing board.

The decision comes in the first of two trials for men accused of ferrying Tamil migrants to B.C.’s west coast.

A publication ban was lifted Monday on a ruling issued Friday by Justice Arne Silverman, who found the Immigration and Refugee Protection Act infringes on charter rights and could lead to the prosecution of people like humanitarian workers.

Silverman says Parliament could potentially solve the problem by crafting “properly worded” legislation that addresses the issues.

The trial for four men, which was set to start this month, has been adjourned and jury selection has been cancelled.

Lawyer Phil Rankin, who represents one of the accused, says he’s pleased with the decision and does not believe it will prompt more flotillas of ships carrying refugees to come to Canada.

http://www.thestar.com/news/canada/arti ... -to-canada

[A_Britishcolumbian]

in one way i have to say 'thank goodness', the "law" is ridiculously worded, it would criminalize so many people in so many potential situations.
on the othe hand i am stunned, it would seem human smuggling is "legal".
this smacks of "government" corruption, creating a situation where those with knowledge of the situation are able to exploit the situation on both sides, smuggling with impunity or prosecuting the innocent.

[A_Britishcolumbian]

funny the bcliberals haven't thought this to be an issue, maybe the whole 'quick wins' policy has an even darker side to it, don't change the broken system so as to facilitate 'alternative' immigration methods?

[Donald G]

Another "brilliant" example of the stupidity of those in the Justice System that we trust to keep society safe and our Immigration Rules secure from abuse ... including those who would interpret the Charter in a way that would assist those who make effort to take advantage of our Canadian system. Made into a movie it would have to be named something like "The Canadian Injustice Enablers". Starring the head justice of the Supreme Court of Canada.