Mr. Speaker, I rise to lend my support to Bill C-31, Protecting Canada's Immigration System act. I am going to focus my remarks on how the proposed legislation would change our existing laws in respect of the crime of human smuggling. Before talking about the proposed reforms, it is important to contextualize this issue.
The United Nations Office on Drugs and Crime says that human smuggling puts the lives of those smuggled at risk. Clearly it does, as evidenced by the tragic deaths of countless smuggled migrants around the world every year. It is important to remember that such occurrences are not restricted to smuggling by sea. Every year, people die as a result of smuggling operations by transport containers, as well as on the high seas. It says this crime is on the rise. In fact, just a few weeks ago, international media reported that a massive human smuggling ring had been organizing a trip for several hundred migrants from Togo to Canada. Fortunately, this ring was discovered and dismantled. However, this is clear evidence that human smugglers are making plans for Canada as we speak. Canada remains a prime target.
Benjamin Perrin, a law professor at the University of British Columbia, says that maritime migrant smuggling is the deadliest form of illegal international travel and its illicit proceeds fuel criminality. Canada is an attractive destination for migrant smugglers and these new measures send a strong message that our country is no longer open for business to these criminals. He says that it is shocking to hear apologists from migrant smugglers portraying these criminals as providing a service for illegal migrants seeking to enter Canada. He also says that migrant smugglers have been linked to organized crime, human trafficking and terrorist organizations. They care nothing for the wellbeing of those they transport in perilous and often deadly vessels.
While it is difficult to precisely estimate the extent of smuggling, there is some information. According to the United Nations Development Programme, in 2009 there were an estimated 50 million irregular migrants in the world. A significant number are believed to have turned to smugglers to assist them across international borders. It is also believed that the number of persons who are turning to smugglers to help them enter other countries continues to increase.
The United Nations Development Programme says that smugglers continually change their tactics to keep one step ahead of authorities. As countries around the world work together to respond to the practices of smugglers, these criminals adapt. Corruption among state actors has become an important tool in the smugglers' arsenal and provides additional impetus for ensuring that all countries, including Canada, step up their efforts to respond.
It is important to remember that migrant smuggling is big business, generating million upon millions of dollars for transnational organized crime every year. Interpol has said that compared to other types of transnational organized crime, human smugglers benefit from weak legislation and low risk of detection, arrest and prosecution. Logically then, Canada needs strong legislation that gives authorities the tools to detect, arrest and prosecute human smugglers.
While it is true that we already have a robust criminal law framework in place to respond to human smuggling, we must continue to build on that. That is why Bill C-31 is proposing important amendments in this area.
Allow me to highlight those provisions within the bill that relate to cracking down on human smuggling. Currently, when faced with an incident of human smuggling, authorities must prove the accused knew that the smuggled person did not have the documents needed to enter Canada. While this is certainly one manifestation of this crime, it is not the only way it can be committed. For example, sometimes smuggled persons may be brought into Canada in a way that evades contact with immigration authorities. In other words, the smuggler agrees to help the person smuggled enter the country clandestinely. The proposed amendments would more clearly capture this behaviour. It would do this by broadening the offence to enable prosecution where there is evidence that the accused knew that the persons smuggled were in contravention of any requirement under the Immigration and Refugee Protection Act. This would provide additional ways to establish that the smuggling offence had occurred.
The second way the existing smuggling offence would be broadened is by making clear that the prosecutor could show that the accused was reckless as to whether the smuggled person would be entering Canada in contravention of the requirements under IRPA.
Recklessness is a well-known and accepted form of subjective fault in criminal law. It means, in this context, that the accused was aware that there was a significant risk that the smuggled persons would be entering Canada in contravention of the IRPA, and in the face of this fact proceeded nevertheless.
This additional element would provide further assistance to police and prosecutors who must respond to such conduct. Migrant smuggling is a reprehensible crime. It undermines the integrity of our immigration system. It puts the lives of those smuggled at risk. It lines the pockets of organized crime, which in turn better enables such groups to engage in other criminal activity, the effects of which can be far-reaching. It also has an effect on the public's perception of immigrants and immigration.
For all of these reasons, we must state in unequivocal terms that such criminal actions must be strongly denounced and deterred. That is why Bill C-31 proposes mandatory minimum penalties for anyone convicted of human smuggling. It is clear that the penalties proposed target only the most harmful manifestations of this crime.
They would not apply in all cases. The most serious mandatory penalties would be reserved for the most serious instances. Some might suggest that these mandatory penalties are inappropriate and would not do anything to deter this crime. I strongly disagree and would reiterate that these penalties are about more than just deterrence. They are a reflection of our belief that such conduct is utterly unacceptable and must be condemned and punished in the clearest of terms, particularly when the conduct in question is linked to organized crime or terrorism, or where the lives of those smuggled are in danger.
I believe that Canadians would agree that in such cases, such penalties properly reflect the gravity of the crime. It is important to note that the Immigration and Refugee Protection Act is not the only piece of legislation that this bill would strengthen.
The bill also proposes higher penalties for violations of the Marine Transportation Security Act. For example, if individuals refused to obey a ministerial directive to leave Canadian waters or if they misled or lied to officials, they could be slapped with fines of up to $200,000 and or a prison sentence. If they were caught again, they would be looking at fines of up to $500,000. This would send the right message and ensure a more complete response to this crime.
Bill C-31 would be an important next step in our fight against smuggling. It is important to note, however, that it is not the only step we are taking. I am aware of the significant efforts being pursued by the government around the world to respond to this crime, including through the work of the Prime Minister's special advisor on migrant smuggling.
Taken together, we are moving forward in the right direction to ensure that smugglers think twice before they try to ply their trade here in Canada. I urge all my hon. colleagues to join with me in supporting Bill C-31.
