R. v. Boule

R. v. Boule

Section 117, as enacted, is overbroad because it criminalizes conduct (humanitarian, mutual and family assistance) that falls outside the legislated purpose of prohibiting profit‑driven, organized or safety‑endangering human smuggling; that overbreadth is not justified under s.1 and s.117 must be read down under s.52 to exclude humanitarian, mutual and family aid; by contrast, s.124(1)(a) (and s.131 as applied to s.124) are constitutionally valid because the general offence provision is rationally connected to the legislative purpose of maintaining integrity of the immigration and refugee protection regime, is not arbitrary and is not unconstitutionally vague when read in context.

Citation
2020 BCSC 1846
Parties
Prosecution: Regina; Accused: Robert Boule
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 November 2020
Procedural Posture
Criminal Charter Voir Dire / Charter Voir Dire (pre Trial)
Outcome
Declared s.117 of the Immigration and Refugee Protection Act of no force and effect to the extent it criminalizes humanitarian aid, mutual aid among asylum‑seekers, and assistance to family members; s.117 read down to exclude those categories; s.131 read down insofar as it applies to s.117; ss.124(1)(a) and 131 (as...
Legal Topics
Section 7 Liberty, Overbreadth, Vagueness, Arbitrariness, Reading Down Remedy, Human Smuggling, General Offence Provisions
Source Language
English
Immigration Law Criminal Law Constitutional Law Charter Law Section 7 Liberty Overbreadth Vagueness Arbitrariness +3 more

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Parties

Regina

Prosecution

Robert Boule

Accused

Procedural Posture

Criminal Charter Voir Dire / Charter Voir Dire (pre Trial)

Legal Issues

  1. 1 Is s.117 of the Immigration and Refugee Protection Act inconsistent with s.7 of the Charter (overbreadth and vagueness)?
  2. 2 Are ss.124(1)(a) and 131 of the Act inconsistent with s.7 (overbreadth, arbitrariness, vagueness)?
  3. 3 Whether s.131's validity is contingent on the constitutionality of ss.117 and 124(1)(a)

Ratio Decidendi

Section 117, as enacted, is overbroad because it criminalizes conduct (humanitarian, mutual and family assistance) that falls outside the legislated purpose of prohibiting profit‑driven, organized or safety‑endangering human smuggling; that overbreadth is not justified under s.1 and s.117 must be read down under s.52 to exclude humanitarian, mutual and family aid; by contrast, s.124(1)(a) (and s.131 as applied to s.124) are constitutionally valid because the general offence provision is rationally connected to the legislative purpose of maintaining integrity of the immigration and refugee protection regime, is not arbitrary and is not unconstitutionally vague when read in context.

Court Disposition

Declared s.117 of the Immigration and Refugee Protection Act of no force and effect to the extent it criminalizes humanitarian aid, mutual aid among asylum‑seekers, and assistance to family members; s.117 read down to exclude those categories; s.131 read down insofar as it applies to s.117; ss.124(1)(a) and 131 (as...

Orders

  • Pursuant to s.52(1) Constitution Act, 1982, s.117 is of no force and effect to the extent it applies to humanitarian aid, mutual aid and family assistance and is read down to exclude those activities
  • Section 131 is read down to the same extent as it applies to s.117