加拿大难民程序/117-121.1 - 人口走私和贩卖

IRPA 第 117-121.1 条

《移民和难民保护法》第 117-121.1 条的规定

PART 3
Enforcement
Human Smuggling and Trafficking

Organizing entry into Canada
117 (1) No person shall organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of this Act.

Penalties — fewer than 10 persons
(2) A person who contravenes subsection (1) with respect to fewer than 10 persons is guilty of an offence and liable
(a) on conviction on indictment
(i) for a first offence, to a fine of not more than $500,000 or to a term of imprisonment of not more than 10 years, or to both, or
(ii) for a subsequent offence, to a fine of not more than $1,000,000 or to a term of imprisonment of not more than 14 years, or to both; and
(b) on summary conviction, to a fine of not more than $100,000 or to a term of imprisonment of not more than two years, or to both.

Penalty — 10 persons or more
(3) A person who contravenes subsection (1) with respect to a group of 10 persons or more is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.

Minimum penalty — fewer than 50 persons
(3.1) A person who is convicted on indictment of an offence under subsection (2) or (3) with respect to fewer than 50 persons is also liable to a minimum punishment of imprisonment for a term of
(a) three years, if either
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or
(b) five years, if both
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

Minimum penalty — 50 persons or more
(3.2) A person who is convicted of an offence under subsection (3) with respect to a group of 50 persons or more is also liable to a minimum punishment of imprisonment for a term of
(a) five years, if either
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or
(b) 10 years, if both
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

No proceedings without consent
(4) No proceedings for an offence under this section may be instituted except by or with the consent of the Attorney General of Canada.

Offence — trafficking in persons
118 (1) No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion.

Definition of organize
(2) For the purpose of subsection (1), organize, with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.

Disembarking persons at sea
119 A person shall not disembark a person or group of persons at sea for the purpose of inducing, aiding or abetting them to come into Canada in contravention of this Act.

Penalties
120 A person who contravenes section 118 or 119 is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.

Aggravating factors
121 The court, in determining the penalty to be imposed under section 120, shall take into account whether
(a) bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence;
(b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;
(c) the commission of the offence was for profit, whether or not any profit was realized; and
(d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.

Definition of criminal organization
121.1 (1) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), criminal organization means a criminal organization as defined in subsection 467.1(1) of the Criminal Code.

Definition of terrorist group
(2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), terrorist group means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.

根据 IRPA 第 117 条，人口走私在加拿大属于违法行为，但加拿大法律承认对那些向寻求庇护者提供人道主义援助的人，在 IRPA 第 117 条中设立辩护

根据《IRPA》第 117 条，人口走私在加拿大属于违法行为，最高刑期至少为 10 年监禁。然而，加拿大法律承认对那些向寻求庇护者提供人道主义援助的人，在 IRPA 第 117 条中设立辩护。 具体而言，加拿大法律承认相互援助、家庭成员援助和人道主义援助的辩护理由。 例如，加拿大人道主义援助辩护有四个要素

1. 被告必须出于提供人道主义援助的目的行事，而不是为了在跨国有组织犯罪的背景下直接或间接获得经济或其他物质利益；
2. 被告必须为了拯救寻求庇护者的生命或减轻其痛苦而提供援助，寻求庇护者是指来自另一个国家，打算在加拿大寻求庇护以逃避迫害或身体伤害的人；
3. 援助必须是人道主义的，这是一个由审判者根据公正、中立和独立原则确定的问题；以及
4. 被告必须合理地相信被援助的人是寻求庇护者。