Definition of human smuggling at stake: BCCLA

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VANCOUVER (NEWS1130) – The BC Court of Appeal will decide today whether to uphold a decision by the BC Supreme Court that says the definition of human smuggling in the criminal code, is too broad.

The BC Supreme Court found in January that the definition was too broad and Crown is now appealing the case.

“It could make it illegal for a church group or a humanitarian group to lend assistance to people trying to flee persecution in other countries. That’s not human smuggling and that shouldn’t be criminalized,” says Josh Paterson with the BC Civil Liberties Association.

The BCCLA has intervenor status in the case and has already made its arguments.

“The definition of human smuggling is on the line in the case coming down from the BC Court of Appeal,” says Paterson.

He says the criminal code as-is does not meet its objective.

“The definition is really written way too broadly. I mean this is a law that can actually make it criminal for a family member to help a refugee come to Canada.”

Paterson says their position is simple.

“Just because you or a family member or a church group has lent those people some assistance, shouldn’t make them criminals.”

The court is expected to release its decision today.

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