Section 121 — Aggravated offences
Text of provision
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.
Plain English
Section 121(1) provides that a person is guilty of an aggravated offence where, in committing an offence under s 117 or s 118, the person (a) causes bodily harm or death to a foreign national who is the object of the offence; (b) uses a weapon; (c) uses the services of a person under the age of 18; (d) acts in a cruel or degrading manner; (e) profits from the offence; or (f) acts in association with a criminal organisation.
Aggravated offences carry substantially higher maximum sentences, up to life imprisonment.
Practical effect
The aggravated offence provisions reflect Parliament's recognition that human smuggling is not a victimless crime and can involve serious exploitation and physical risk to the persons being smuggled. Prosecutions under s 121 are brought in serious cases involving organised smuggling networks, where migrant deaths have occurred, or where children have been exploited. The life imprisonment maximum makes these among the most serious non-violent offences in Canadian federal law.