Supreme Court Ruling Directs Government to Amend Section of Immigration Law

This article was last updated on April 16, 2022

Canada: Free $30 Oye! Times readers Get FREE $30 to spend on Amazon, Walmart…
USA: Free $30 Oye! Times readers Get FREE $30 to spend on Amazon, Walmart…

A court case in Supreme Court of Canada regarding four men indicted with human smuggling, who were supposedly involved in gigantic operation of smuggling dozen Sri Lankan Tamils to Canada, was suspended on Monday as the judge threw out a section of Canadian laws of human smuggling.

The ruling dictates the federal government to redraft a segment of the Immigration and Refugee Act, as the judge pointed out that it can perhaps indict criminal charges against humanitarian workers and family members of refugee claimants. The ruling of Justice Arne Silverman declared the section 117 of the act, known as the human smuggling provision, to be too broad that it could indict criminal charges against people who knowingly organize or aid and abet someone coming into Canada without proper documentation.

Whereas, on the other hand, the Crown alleged that the law is undoubtedly according to the goals and international obligation of Canada. The lawyers of accused, asserted that section 117 is too broad. The ruling directs government to expel the provision from law and suggests it to rewrite it. A teacher of immigration and refugee law at Osgoode Hall Law School, Sean Rehaag, commented that “If the government doesn’t appeal this and does not get a stay, it will no longer be illegal to assist people in coming to the country without valid documents.” He further added t that “that’s why it will almost certainly be stayed because the government is not going to be willing to accept that.”

Share with friends
You can publish this article on your website as long as you provide a link back to this page.

Be the first to comment

Leave a Reply

Your email address will not be published.


*