Section 117 — Human smuggling — offence
Text of provision
(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.
(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.
(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.
(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.
(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.
(4) No proceedings for an offence under this section may be instituted except by or with the consent of the Attorney General of Canada.
Plain English
Section 117(1) creates the offence of human smuggling — organising, inducing, aiding, or abetting the coming into Canada of a foreign national in contravention of IRPA. The offence applies whether or not the foreign national ultimately enters Canada or obtains status.
Section 117(2) and (3) provide for significantly enhanced penalties where the offence involves 10 or more persons, or where it is committed for profit or in association with a criminal organisation. Life imprisonment is available for the most aggravated cases involving large groups.
Practical effect
Human smuggling prosecutions are brought under IRPA rather than the Criminal Code. The offence is distinct from human trafficking (which involves exploitation and control over persons for labour or sexual purposes). Persons who have been smuggled into Canada are not themselves liable under s 117 — they may be inadmissible for other reasons but the anti-smuggling provision targets those who organise the movement. Designated foreign nationals arriving as part of smuggled groups face additional restrictions on refugee claims.