He said the legislation now in question has nothing to do with Bill C-31, the Protecting Canada’s Immigration System Act which, among other things, contains the government’s much-hyped anti-human smuggling reforms.
It pertains to legislation that came into force in 2002 under the Liberals, he argued during a teleconference following his 13-day trip to Turkey, India and Sri Lanka where he trumpeted legislative changes passed in June aimed at deterring criminals from smuggling migrants to Canada — something that’s become common among Tamils trying to flee Sri Lanka.
According to the legislation, those convicted of human smuggling now face a minimum 10 years in prison.
Kenney expects the government will appeal the decision and maintains his laws were never meant to persecute those who facilitate illegal migration for altruistic reasons.
“Any suggestion that this throws into doubt or undermines the Protecting Canada’s Immigration System Act is inaccurate,” he said. “The bottom line is we’ve always been clear that it’s never been our intention to prosecute or fine people who facilitate migration illegally for humanitarian purposes . . .
“Our objective is to focus on criminals who are operating human smuggling syndicates for profit and not family members or humanitarian workers.”
A B.C. judge ruled Monday that section 117 of the Immigration and Refugee Protection Act is written in such a way that it could criminalize loved ones and aid works who try to help asylum seekers, not just those trying to exploit them.
The ruling has effectively stalled two trials including that of four men accused of human smuggling in connection with the arrival of 76 Sri Lankan Tamils aboard the MV Ocean Lady in 2009. Jury selection was to begin in the case this week after which a trial was to be held for another six men accused in the MV Sun Sea case involving 492 Tamil migrants in 2010.
The arrival of the two ships is ultimately what triggered the Conservative crackdown on human smuggling.
“Typically the government does appeal any trial court decision dealing with Charter issues just as a matter of convention so I do anticipate that it would be appealed,” Kenney said of the ruling.
Federal Crown prosecutors said they would take a week to review the ruling before making a decision on what to do next.
Original Article
Source: canada.com
Author: Tobi Cohen
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