people smuggling
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Blessing Hypocrisy
After somewhat of a hiatus, I am back to blogging for the CBA National Blog. In a post they have just published, I come back to the issue of people smuggling, on which the Supreme Court delivered two decisions last week, which I summarized here. As I have already explained here and here, I believe that the Continue reading
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The Scope of Smuggling
On Friday, the Supreme Court issued a pair of decisions clarifying the scope of the provisions of the Immigration and Refugee Protection Act (IRPA, among friends) relative to “people smuggling” ― the transportation to or across international borders of consenting individuals who lack the authorization to cross the borders in question. In B010 v. Canada (Citizenship Continue reading
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Down with Hypocrisy, Again
Over at Democratic Audit UK, Mollie Gerver has an interesting post arguing that the European Union should decriminalize people smuggling ― that is, helping consenting individuals to cross borders which they lack permission to cross, in exchange for payment. (Consent is very important here: it’s what distinguishes “smuggling” from “trafficking,” the moving of people by force Continue reading
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Organized Hypocrisy
I want to come back to the issue of human smuggling. I posted yesterday about R. v. Appulonappa, 2013 BCSC 31, a decision of the B.C. Supreme Court striking down the provision of the Immigration and Refugee Protection Act (IRPA among friends or former federal court clerks) which criminalized aiding people to come to Canada without the papers Continue reading
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Smuggling Intentions
Last week the Supreme Court of British Columbia declared Canada’s prohibition on human smuggling, s. 117 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, [IRPA] unconstitutional because overbroad. S. 117 provides that, under pain of severe penalties, [n]o person shall knowingly organize, induce, aid or abet the coming into Canada of one Continue reading
Double Aspect 