Randall Palmer, Reuters|Nov 27, 2015
People involved in human smuggling cannot be denied refugee status in Canada simply on the basis of having assisted in the smuggling, if they have not received any financial benefit from the activity, the Supreme Court ruled on Friday.
“I conclude that a migrant who aids in his own illegal entry or the illegal entry of other refugees or asylum seekers in their collective flight to safety is not inadmissible. . . ,” Chief Justice Beverley McLachlin wrote for the court in B010 v. Canada (Citizenship and Immigration), which was heard with R v. Appulonappa.
The court also ruled that Canada cannot level criminal charges against people simply for having helped someone gain illegal entry, or else “a father offering a blanket to a shivering child, or friends sharing food aboard a migrant vessel, could be subject to prosecution.”