B.C. Court of Appeal orders new trials for four alleged human smugglers

VANCOUVER – The B.C. Appeal Court has ordered a new trial for four men who were acquitted of human smuggling in connection to one of the cases that prompted a federal government crackdown on the offence.

The men were charged under the Immigration and Refugee Protection Act after Canadian authorities found 76 Tamil asylum seekers aboard a freighter, the MV Ocean Lady, off B.C.’s coast in October 2009.

The case went to trial, but a B.C. Supreme Court judge found a section of the immigration act was too broad and infringed on charter rights because humanitarian workers could be prosecuted.

The judge ruled the section was unconstitutional and the charges were dismissed against the men.

But the B.C. Court of Appeal has overturned the ruling, finding that Parliament intended to create a broad offence that provided no exceptions and was focused on border control.

The court says Parliament also enacted a centralized process so attorneys general could assess all circumstances, including motive, before proceeding with charges.

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