Human smuggling is a business transaction between two willing parties involving movement across borders, usually by illegal means. It occurs with the consent of a person(s), and the transaction usually ends upon arrival…smuggled persons may become victims of human trafficking at any point in the smuggling process which makes initial consent irrelevant for prosecution. These victims can be found in the sex trade industry, domestic servitude, agricultural work, massage parlours, child labour, etc.
Foreign Affairs, Trade and Development Canada, Government of Canada. (2003). Human trafficking and migrant smuggling. Retrieved from: http://www.international.gc.ca/crime/human-traf-personne.aspx (accessed February 18, 2014)
Human smuggling is an individual’s crossing of state’s international border without that state’s authorization and with the assistance of paid smugglers
Chen, K. (2012). Global human smuggling: Comparative perspectives, second edition. International Journal on World Peace, 29(4), 77-80.
Human smuggling involves a person who facilitates the illegal entry of a migrant into a country, usually for a fee… It is thus an international phenomenon involving illegal migration, and is an issue of concern to border and federal law enforcement officials
Barnett, L. Béchard, J (2001). Trafficking in persons and human smuggling, Library of Parliament. Retrieved from http://www.parl.gc.ca/content/lop/researchpublications/cei- 10-e.htm (accessed February 18, 2014)
“Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;
United Nations Office on Drugs and Crime. (2004). United Nations convention against transnational organized crime and the protocols thereto. Retrieved from: http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TO Cebook-e.pdf (accessed March 22, 2014)
“Human smuggling can also involve the production and sale of false identification or immigration documentation”
Barnett, L. Béchard, J (2001). Trafficking in persons and human smuggling, Library of Parliament. Retrieved from: http://www.parl.gc.ca/content/lop/researchpublications/cei- 10-e.htm (accessed February 18, 2014)
“By conferring a special legal status on a human smuggling operation or irregular arrival, tougher measures can be applied to all those who have participated in that venture.”
Government of Canada. (2012). Backgrounder — Designating human smuggling events. Retrieved from: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29f.asp (accessed February 18, 2014)
“Human smuggling is a dangerous and despicable crime – it puts lives at risk and threatens the integrity of Canada’s immigration system as well as the security and safety of Canadians,”
Government of Canada. (2012). Harper government takes action against human smuggling. Retrieved from: http://news.gc.ca/web/article-en.do?nid=710859 (accessed February 18, 2014)
“Human smuggling is a form of illegal migration involving the organized transport of a person across an international border, usually in exchange for a sum of money and sometimes in dangerous conditions. When the final destination is reached the business relationship ends, and the smuggler and the individual part company.”
Royal Canadian Mounted Police. (2013). Frequently asked questions on human trafficking. Retrieved from: http://www.rcmp-grc.gc.ca/ht-tp/q-a-trafficking-traite-eng.htm (accessed February 18, 2014)
Government of Canada. (2012). Backgrounder — Designating human smuggling events. Retrieved from: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29f.asp (accessed February 18, 2014)
Government of Canada. (2012). Harper government takes action against human smuggling. Retrieved from: http://news.gc.ca/web/article-en.do?nid=710859 (accessed February 18, 2014)
Justice Laws Website. (2014). Government of Canada, immigration and refugee protection act: Part 3- Enforcement. Retrieved from: http://lois-laws.justice.gc.ca/eng/acts/I-2.5/page-46.html#h-67 (accessed February 18, 2014)
United Nations Office on Drugs and Crime. (2014). Human trafficking and migrant smuggling. Retrieved from: http://www.unodc.org/unodc/en/human-trafficking/smuggling-of- migrants.html (accessed February 18, 2014)
Barnett, L. Béchard, J (2001). Trafficking in persons and human smuggling, Library of Parliament.retrieved from: http://www.parl.gc.ca/content/lop/researchpublications/cei-10-e.htm (accessed February 18, 2014)
Chen, K. (2012). Global human smuggling: Comparative perspectives, second edition. International Journal on World Peace, 29(4), 77-80.
Foreign Affairs, Trade and Development Canada, Government of Canada. (2003). Human trafficking and migrant smuggling. Retrieved from: http://www.international.gc.ca/crime/human-traf-personne.aspx (accessed February 18, 2014)
Goodman, L. (2013, November 26). Canada’s snubbing of asylum-seekers spurs human smuggling: Harvard. The Canadian Press. Retrieved from: http://www.citynews.ca/2013/11/26/canadas-snubbing-of-asylum-seekers-spurs-human- smuggling-harvard/ (accessed February 18, 2014)
Government of Canada. (2012). Backgrounder — Designating human smuggling events. Retrieved from: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29f.asp (accessed February 18, 2014)
Government of Canada. (2012). Harper government takes action against human smuggling. Retrieved from: http://news.gc.ca/web/article-en.do?nid=710859 (accessed February 18, 2014)
Justice Laws Website. (2014). Government of Canada, immigration and refugee protection act: Part 3- Enforcement. Retrieved from: http://lois-laws.justice.gc.ca/eng/acts/I-2.5/page-46.html#h-67 (accessed February 18, 2014)
Quan, D. (2013, January 14). B.C. judge declares human smuggling law too broad, putting Tamil cases in limbo. The Vancouver Sun. Retrieved from: http://www.vancouversun.com/news/judge+declares+human+smuggling+broad+putting+Tamil+cases+limbo/7817644/story.html (accessed February 18, 2014)
R. v. Lwamba, ONCJ 263. (2012). Retrieved from Canlii website: http://canlii.ca/t/fr6g8 (accessed March 22, 2014)
R. v. Mejia, ONJC 571. (2012). Retrieved from Canlii website: http://canlii.ca/t/fspx4 (accessed March 22, 2014)
Royal Canadian Mounted Police. (2013). Frequently asked questions on human trafficking. Retrieved from: http://www.rcmp-grc.gc.ca/ht-tp/q-a-trafficking-traite-eng.htm (accessed February 18, 2014)
United Nations Office on Drugs and Crime. (2004). United Nations convention against transnational organized crime and the protocols thereto. Retrieved from: http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TO Cebook-e.pdf (accessed March 22, 2014)
United Nations Office on Drugs and Crime. (2014). Human trafficking and migrant smuggling. Retrieved from: http://www.unodc.org/unodc/en/human-trafficking/smuggling-of-migrants.html (accessed February 18, 2014)
United Nations Office on Drugs and Crime. (2014). United Nations convention against transnational organized crime and the protocols thereto. Retrieved from: http://www.unodc.org/unodc/en/treaties/CTOC/index.html (accessed February 18, 2014)
Case Law
http://www.citynews.ca/2013/11/26/canadas-snubbing-of-asylum-seekers-spurs-human-smuggling-harvard/
Goodman, L. (2013, November 26). Canada’s snubbing of asylum-seekers spurs human smuggling: Harvard. The Canadian Press. Retrieved from: http://www.citynews.ca/2013/11/26/canadas-snubbing-of-asylum-seekers-spurs-human-smuggling-harvard/ (accessed February 18, 2014)
http://www.unodc.org/unodc/en/treaties/CTOC/index.html
United Nations Office on Drugs and Crime. (2014). United Nations convention against transnational organized crime and the protocols thereto. Retrieved from: http://www.unodc.org/unodc/en/treaties/CTOC/index.html (accessed February 18, 2014)
Quan, D. (2013, January 14). B.C. judge declares human smuggling law too broad, putting Tamil cases in limbo. The Vancouver Sun. Retrieved from:
http://www.vancouversun.com/news/judge+declares+human+smuggling+broad+putting+Tamil+cases+limbo/7817644/story.html (accessed February 18, 2014)
R. v. Lwamba, 2012 ONCJ 263
R. v. Lwamba, ONCJ 263. (2012). Retrieved from Canlii website: http://canlii.ca/t/fr6g8 (accessed March 22, 2014)
R. v. Mejia, ONJC 571
R. v. Mejia, ONJC 571. (2012). Retrieved from Canlii website: http://canlii.ca/t/fspx4 (accessed March 22, 2014)
Other Related Terms
Migrant Smuggling, Human Trafficking, People Smuggling, Organized Crime, Human Trade, Business, Forced Labour, Sex Worker, Slavery, Exploitation