Thursday, 26 February 2015

Supreme Court Human Smuggling

Q57: Will the Supreme Court of Canada overturn the current federal law on human smuggling?
Yes: 65%
No: 35%
(This question will be resolved as "yes" if (any part of) section 117 of the Immigration and Refugee Protection Act is ruled unconstitutional)

The Supreme Court is currently hearing arguments in five cases regarding human smuggling, mainly from Sri Lanka.   The current law criminalizes helping an undocumented person enter Canada.  This provision is the largest issue in the cases.  At previous trials, the BC Supreme Court overturned the provision, but the BC Court of Appeal disagreed.

Based on the result in the assisted suicide case, I think that the Supreme Court will also overturn the current human smuggling law.  That case had a similar judicial history, with the BC Supreme Court overturning the law and the BC Court of Appeal disagreeing.

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