Human smuggling law too broad

VANCOUVER—A British Columbia Supreme Court judge has taken the bluster out of the Conservative’s campaign against illegal migrants by striking down a section of the law targeting human smuggling, putting at least two high-profile prosecutions in limbo.
In February, 2011, Prime Minister Stephen Harper vowed to toughen asylum laws as he stood aboard one of the ships used to bring Tamil migrants to Canada in 2009 and 2010.

Now, B.C. Supreme Court Justice Arne Silverman suggests the government go back to the drawing board on a key section of the legislation.
It means a trial that was set for later this month for four men accused of ferrying Tamils aboard the first boat in fall 2009 has been adjourned.
The ruling also has implications for a second prosecution in connection with a boat of hundreds more migrants who arrived the following year, and any future potential cases of human smuggling.
A publication ban was lifted yesterday on the ruling issued Friday by Silverman, who found a section of the Immigration and Refugee Protection Act infringes on charter rights because it is “unnecessarily broad.”
He said the result could lead to the prosecution of people like humanitarian workers.
As the law stood, a human smuggler was defined as anyone who might “knowingly organize, induce, aid or abet” someone coming to Canada who does not have a visa, passport, or other required documentation.
The judge declared section 117 of the act to be of no force or effect, saying federal politicians now need to fill the legislative gap.
“This is not the court’s job, nor does it have the authority to choose what those priorities are or should be.” Silverman ruled.
“This is the job of Parliament.”
A spokeswoman for Public Safety minister Vic Toews said the government is reviewing the decision.
“Human smuggling is a dangerous and despicable crime. Our message is clear to those contemplating a human smuggling operation—don’t do it,” Julie Carmichael said in an e-mail.
Prosecutor Peter LaPrairie, with the Public Prosecution Service of Canada, was due back before the judge Jan. 21 to discuss how the Crown would proceed.
Phil Rankin, a lawyer for one of the accused, said he was pleased with the ruling while noting he anticipates it will be appealed until a decision is delivered by the highest court in the country.
“I’m not very clear on what it means to assist refugees. I’ve worked with refugees all my life and I’ve assisted them all my life,” he said.
“Am I an aider and abetter to smuggling? Because the section is so broad, then perhaps I am.”
NDP immigration critic Jinny Sims said the judge’s decision shows the Conservative government rushed as it amended the legislation.
“Every one of us agrees we have to address human smuggling,” Sims said.
“But this Bill C-31 does actually nothing to address the real issues of human smuggling, but does more to punish the victims of the smugglers in the first place,” she argued.
Sims added the Opposition is more than willing to help with a rewrite.