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PART 3 |
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ENFORCEMENT |
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Human Smuggling and Trafficking |
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Organizing
entry into
Canada
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117. (1) No person shall knowingly
organize, induce, aid or abet the coming into
Canada of one or more persons who are not in
possession of a visa, passport or other
document required by this Act.
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Penalties -
fewer than 10
persons
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(2) A person who contravenes subsection
(1) with respect to fewer than 10 persons is
guilty of an offence and liable
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Penalty -
10 persons or
more
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(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.
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No
proceedings
without
consent
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(4) No proceedings for an offence under this
section may be instituted except by or with the
consent of the Attorney General of Canada.
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Offence -
trafficking in
persons
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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.
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Definition of
``organize''
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(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.
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Disembarking
persons at sea
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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.
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Penalties
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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.
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Aggravating
factors
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121. (1) The court, in determining the
penalty to be imposed under subsection 117(2)
or (3) or section 120, shall take into account
whether
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Definition of
``criminal
organization''
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(2) For the purposes of paragraph (1)(b),
``criminal organization'' means an
organization that is believed on reasonable
grounds to be or to have been engaged in
activity that is part of a pattern of criminal
activity planned and organized by a number of
persons acting in concert in furtherance of the
commission of an offence punishable under an
Act of Parliament by way of indictment or in
furtherance of the commission of an offence
outside Canada that, if committed in Canada,
would constitute such an offence.
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Offences Related to Documents |
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Documents
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122. (1) No person shall, in order to
contravene this Act,
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Proof of
offence
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(2) Proof of the matters referred to in
subsection (1) in relation to a forged document
or a document that is blank, incomplete,
altered or not genuine is, in the absence of
evidence to the contrary, proof that the person
intends to contravene this Act.
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Penalty
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123. (1) Every person who contravenes
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Aggravating
factors
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(2) The court, in determining the penalty to
be imposed, shall take into account whether
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General Offences |
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Contraven- tion of Act
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124. (1) Every person commits an offence
who
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Deemed
knowledge
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(2) For the purposes of paragraph (1)(c), a
person who fails to exercise due diligence to
determine whether employment is authorized
under this Act is deemed to know that it is not
authorized.
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Due diligence
defence
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(3) A person referred to in subsection
148(1) shall not be found guilty of an offence
under paragraph (1)(a) if it is established that
they exercised all due diligence to prevent the
commission of the offence.
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Penalties
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125. A person who commits an offence
under subsection 124(1) is liable
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Counselling
misrepresen- tation
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126. Every person who knowingly
counsels, induces, aids or abets or attempts to
counsel, induce, aid or abet any person to
directly or indirectly misrepresent or withhold
material facts relating to a relevant matter that
induces or could induce an error in the
administration of this Act is guilty of an
offence.
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Misrepresen- tation
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127. No person shall knowingly
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Penalties
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128. A person who contravenes a provision
of section 126 or 127 is guilty of an offence
and liable
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Offences
relating to
officers
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129. (1) Every person is guilty of an offence
who
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Punishment
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(2) Every person who is guilty of an offence
under subsection (1) is liable
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Proceeds of Crime |
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Possession of
property
obtained by
certain
offences
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130. (1) No person shall possess any
property or any proceeds of any property
knowing that all or any part of the property or
of those proceeds was obtained or derived
directly or indirectly as a result of the
commission of an offence under subsection
(2) or section 117, 118, 119, 122, 124, 126,
127, 129 or 131.
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Laundering
proceeds of
certain
offences
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(2) No person shall use, transfer the
possession of, send or deliver to any person or
place, transport, transmit, alter, dispose of or
otherwise deal with, in any manner or by any
means, any property or any proceeds of any
property with intent to conceal or convert that
property or those proceeds and knowing or
believing that all or part of that property or
those proceeds was obtained or derived
directly or indirectly as a result of the
commission of an offence under subsection
(1) or section 117, 118, 119, 122, 124, 126,
127, 129 or 131.
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Punishment
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(3) Every person who contravenes
subsection (1) or (2) commits an offence and
is liable
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Counselling
offence
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131. Every person who knowingly induces,
aids or abets or attempts to induce, aid or abet
any person to contravene section 117, 118,
119, 122, 124, 129 or 130, or who counsels a
person to do so, commits an offence and is
liable to the same penalty as that person.
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Part XII.2 of
the Criminal
Code
applicable
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132. Sections 462.3 and 462.32 to 462.5 of
the Criminal Code apply, with any
modifications that the circumstances require,
in respect of proceedings for an offence
contrary to section 117, 118, 119, 122, 124,
126, 127, 129, 130 or 131.
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Prosecution of Offences |
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Deferral
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133. A person who has claimed refugee
protection, and who came to Canada directly
or indirectly from the country in respect of
which the claim is made, may not be charged
with an offence under section 122, paragraph
124(1)(a) or section 127 of this Act or under
section 57, paragraph 340(c) or section 354,
366, 368, 374 or 403 of the Criminal Code, in
relation to the coming into Canada of the
person, pending disposition of their claim for
refugee protection or if refugee protection is
conferred.
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Defence -
incorporation
by reference
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134. No person may be found guilty of an
offence or subjected to a penalty for the
contravention of a provision of a regulation
that incorporates material by reference, unless
it is proved that, at the time of the alleged
contravention,
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Offences
outside
Canada
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135. An act or omission that would by
reason of this Act be punishable as an offence
if committed in Canada is, if committed
outside Canada, an offence under this Act and
may be tried and punished in Canada.
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Venue
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136. (1) A proceeding in respect of an
offence under this Act may be instituted, tried
and determined at the place in Canada where
the offence was committed or at the place in
Canada where the person charged with the
offence is or has an office or place of business
at the time of the institution of those
proceedings.
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Where
commission
outside
Canada
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(2) A proceeding in respect of an offence
under this Act that is committed outside
Canada may be instituted, tried and
determined at any place in Canada.
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