Topic: Tamil migrant ship headed for BC (Arrived 13 Aug 2010)

[milnews.ca]

Tamil case could lead to law change: Harper

Read more...

More along these lines, from the Canadian Press:

The Conservatives are whittling down their legal options to go after rogue boats filled with migrants trying to get to Canada.

Public Safety Minister Vic Toews is expected to take a list of choices before cabinet during the week of Sept. 13.

The government has been floating the idea of new laws since the arrival of a boat in August that was packed with Sri Lankan migrants.

The commitment to moving forward comes as the Conservatives attempt to regain control of the national agenda before heading into what could be a combative fall session.

Almost an announcement a day is expected in the two weeks before MPs return to Parliament, and both cabinet members and the rank-and-file are on national and international tours hoping to draw some positive attention to the caucus.

Toews himself is expected to make an announcement on Tuesday about a new partnership to combat human smuggling.

But any new initiatives are unlikely to come fast enough to stop boats already believed to be on their way to Canada.

There are also existing laws which heavily penalize people involved in human smuggling and trafficking, including fines and jail terms so it's unclear how the Tories could proceed further.

Enforcing those laws has proved to be a major challenge ....

[EpicBeardedMan]

I don't like how people from other countries are exploiting our country for their own gain. Just isn't right. I know people will be like "Well, we're Canada, that's what we do" but when the country is swarming with terrorists and/or refugees that never work and just suck welfare money out of the system, there are still going to be people going "Wow, how did THIS happen?"

[E.R. Campbell]

It is trite to say but we are a "nation of immigrants." Damned few of us are, within the last few generations, not from somewhere else. It is true that most recent immigrants* have darker skin tones and different eye shapes from some of us - that makes them and their Canadian born children or grandchildren no less Canadian than I. They, immigrants per se, also have better educations but still manage to earn less than native born Canadians - maybe because of somewhat lesser social and language skills, maybe because of their skin colour or eye shape.

Refugees - real or contrived - are likely to need social assistance. By definition, almost, refugees arrive with the shirt on their backs and no real, useful skills. We take them in (even when we should not) as an act of human compassion. Real immigrants are, broadly, less likely to use social assistance than are native born Canadians.

Despite recent arrests and convictions we are hardly "swimming" in terrorists.


----------
* Immigrants and refugees are not the same; they are not even very much alike. It is fundamentally wrong to consider them together - as most people in Canada do.

[Brutus]

I don't like how people from other countries are exploiting our country for their own gain. Just isn't right. I know people will be like "Well, we're Canada, that's what we do" but when the country is swarming with terrorists and/or refugees that never work and just suck welfare money out of the system, there are still going to be people going "Wow, how did THIS happen?"

Are you referring to the alleged refugees or the smugglers?

[EpicBeardedMan]

Are you referring to the alleged refugees or the smugglers?

I'm referring to the whole situation as being ridiculous. The people probably paid the Tamil Tigers for a "ticket" on the boat. Canada wasn't even their FIRST CHOICE. They were in Australia apparently before getting booted from there and then came here. I just find it odd/sad that people can come here and get welfare, health care, etc, while we have a lot of homeless people who are living on the streets.

[recceguy]

I just find it odd/sad that people can come here and get welfare, health care, etc, while we have a lot of homeless people who are living on the streets.

We give it to fourth generation baby factories and their baby daddys, all of whom have no intention of doing anything but sucking the system dry.

Most people are homeless because they want to be. No amount of cajoling, free aid or shelter will get them to change. Many of those 'homeless' with the Timmies cup in front of them on the sidewalk, make a better (tax free) daily earning than a lot of working people.

At least if someone immigrates and collects the standard aid, there is a very good chance that they will end up becoming productive citizen and putting back into the system.

Not so our 'homeless' and professional welfare deadbeats.

[Brutus]

I'm referring to the whole situation as being ridiculous. The people probably paid the Tamil Tigers for a "ticket" on the boat. Canada wasn't even their FIRST CHOICE. They were in Australia apparently before getting booted from there and then came here. I just find it odd/sad that people can come here and get welfare, health care, etc, while we have a lot of homeless people who are living on the streets.

The reason why I was asking was that there is a misconception out there, perpetuated unfortunately by our government, that these potential refugees have somehow 'jumped the line' with regards to their refugee protection application.

There are two methods of claiming refugee status - from outside of Canada and from inside of Canada. The preferred method is from outside Canada, where the process takes years and the person is fully vetted prior to ever stepping on Canadian soil. The other method is from inside Canada where the person shows up and the process begins here.

Technically, these people broke numerous laws in getting here, and are certainly 'inadmissible' under IRPA (financial, non-genuine visitor, violation of IRPA in crossing the border, etc.), and they will have a removal order placed against them pending the outcome of their refugee hearing. The removal order will be stayed until that hearing is concluded and if they are denied refugee status they will be removed under the removal order and barred from Canada for life (including any future refugee claims). If they are accepted, the removal order and inadmissibility designation will be lifted and they will be settled here. This is all above board and in accordance with IRPA.

The only real KNOWN criminal element here is the smuggling, and they should be punished SEVERELY. Of course, if these people are deemed not in fact to be refugees, and merely terrorists, they will be rejected and sent packin'.

[EpicBeardedMan]

The only real KNOWN criminal element here is the smuggling, and they should be punished SEVERELY. Of course, if these people are deemed not in fact to be refugees, and merely terrorists, they will be rejected and sent packin'.

Are there any other consequences besides just sending them packing? Just curious to know if they'll be put behind bars (The people who should be, not the refugees).

[Brutus]

Are there any other consequences besides just sending them packing? Just curious to know if they'll be put behind bars (The people who should be, not the refugees).

Yes, the CCC covers the crime of human smuggling, and they certainly can be incarcirated and have their ship seized. However, the ship is basically worthless so there's not much deterance in the seizure. I suspect they view the ship as a disposable commodity and the seizure as a foregone conclusion and a cost of doing business.

The 'sending em packin' comment was meant for the smuggled people who end up being determined NOT to be true refugees.

[HavokFour]

Been listening to the radio lately and there has been a lot of talk about these refugee's being rather uncooperative by not giving up the captain and crews identity. If anyone has an article on it that would be something good to post.

[WR]

Yes, the CCC covers the crime of human smuggling, and they certainly can be incarcirated and have their ship seized. However, the ship is basically worthless so there's not much deterance in the seizure. I suspect they view the ship as a disposable commodity and the seizure as a foregone conclusion and a cost of doing business.

The 'sending em packin' comment was meant for the smuggled people who end up being determined NOT to be true refugees.

Can you please reference what section of the CCC does Human Smuggling fall under? I am aware of it in the Immigration and Refugee Protection Act (IRPA), but not the CCC?

http://laws.justice.gc.ca/eng/I-2.5/page-4.html#codese:117

section 117

Penalty — 10 persons or more

(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.

[Brutus]

Can you please reference what section of the CCC does Human Smuggling fall under? I am aware of it in the Immigration and Refugee Protection Act (IRPA), but not the CCC?

http://laws.justice.gc.ca/eng/I-2.5/page-4.html#codese:117

section 117

Penalty — 10 persons or more

(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.

My mistake...the CCC revisions were in reference to human trafficking, not smuggling. The ref you provided for IRPA is the current 'hammer' to be used against human smugglers. Not too bad if you ask me. (In general, IRPA is fairly 'heavy' WRT fines and imprisonment as compared to the CCC).

[HavokFour]

Canada hunting third Tamil immigrant ship - report

Authorities are using satellites to determine the location of the ship, the Toronto Sun newspaper reported.

In August, officials detained 492 Tamil migrants who arrived on board the MV Sun Sea from Sri Lanka.

Meanwhile, Prime Minister Stephen Harper has announced Canada will unveil a new law to deter illegal migrants.

Mr Harper said current laws in Canada did not go far enough to deter human trafficking, which he says "will increase in the years to come, unless we make significant changes to our law, to provide serious deterrents".

He called the trend in migrant ships attempting to reach Canada's west coast "unacceptable" and said he would unveil amendments to the immigration act designed to "ensure we deter this kind of behaviour".

Canada and Sri Lanka allege the MV Sun Sea migrants may included members of the Tamil Tigers, banned in Canada as a terrorist organization before their defeat last year.

Another vessel carrying 76 Tamil asylum seekers arrived in British Columbia in 2009.

Public safety ministry spokesman David Charbonneau said the most recent vessel was rumoured to be in international waters.

The coming winter months will bring stormy seas and freezing weather that will prevent ships from reaching the country, officials say.

Canadian immigration officials detained nine foreign nationals on Thursday, who were discovered hiding onboard a container ship that arrived at the Port of Montreal from Morocco.

Article

Here we go again... 

[lethalLemon]

I can understand where they're coming from; a relative of mine did UN work in Sri Lanka (before the civil wars) and various other troubled regions in the world - these people aren't coming because they want to terrorize our country (although you can't say that for all of them), they're making the long dangerous trip because their [former] homes are not suitable for... well... anything.

I do think that the Feds should bring them in, screen them, and then determine whether they can be held for immigration processing (can they do that?) and turn away those that are deemed fit.

[kratz]

So the government has attempted to remove one of these individuals as having suspected links with the Tamil Tigers. Today's report states the Immigration court has rejected the government's claims and says he is not a threat to national security.

[old medic]

Police discover Sun Sea’s link to Norway
Stewart Bell
6 June 2011

http://news.nationalpost.com/2011/06/06/police-discover-sun-seas-link-to-norway/

The Bangkok-based human smugglers who have so far sent two shiploads of illegal migrants to Canada have been called “sophisticated” and “well organized.” But nobody ever said they were perfect.

Before the last ship, the MV Sun Sea, left Thailand in July carrying almost 500 Sri Lankan migrants, the smugglers made the passengers sign contracts that spelled out how much each owed for the journey to Canada.

The contracts were then mailed to Norway, ostensibly for safekeeping. They were, after all, valuable receipts. They were proof of millions worth of uncollected debts, not to mention highly sensitive.

The problem was, they were mailed to the wrong address.

According to newly released details of the case, the contracts — in which Sun Sea passengers pledged to pay the smugglers between $5,000 and $30,000 upon reaching Canada — were mislabelled and delivered to the wrong person.

The recipient handed them to Norwegian police, who passed them on to their Canadian counterparts. The gaffe has given Canadian officials a unique insight into the smugglers’ system of payment, which involved an up-front deposit of about $5,000 and a hefty debt that was to be paid off after arrival in Canada. It has also linked the smuggling operation to Norway.

The Norwegian connection and the blunder that brought it to light are described in a transcript of an Immigration and Refugee Board hearing held in Vancouver on April 7. A declassified copy of the transcript was recently released to the National Post.

“Now, these are a series of payment contracts signed by various individuals who ended up travelling on the MV Sun Sea,” Kenny Nicolaou, a Canada Border Services Agency representative, explained at the hearing.

“You can see the general tenor of the contract. Essentially it says, ‘I paid this much up front, depending on the situation, and I owe this much, who this family member in Canada pledges to pay on my behalf once I arrive.”

Mr. Nicolaou said the Sun Sea’s arrival in Canada was “the end result of a sophisticated, well organized, for profit human smuggling operation orchestrated by a network of agents in Sri Lanka, Thailand, Singapore and Malaysia.”

Boarding began in April 2010 and occurred in “continuing waves” until the ship sailed for Canada on July 5. An “intricate network of agents” organized the effort, he said. “It was well organized and it was designed to generate large sums of money.”

The Sun Sea arrived off the British Columbia coast last August carrying 492 Sri Lankan migrants who had contracted smugglers to ferry them from Thailand. All have made refugee claims. The Canadian government has spent more than $25-million so far dealing with the ship.

In all likelihood, Canadian authorities already knew about the Sun Sea by the time the contracts were intercepted. But the package would have given them advance notice about who was on board, how much they had paid and how much they still owed the smuggling syndicate.

The CBSA raised the Norwegian matter at the hearing of a Sun Sea migrant whom the government alleges was involved in the smuggling operation. The man’s lawyer downplayed the significance of the documents, saying “there is no credible evidence before the board to say that these are the contracts that the people on board the Sun Sea were a party to.”

The IRB has sealed all the exhibits related to the Sun Sea refugee cases.

The RCMP is investigating the suspected organizers of the Sun Sea and Ocean Lady, the ship that smuggled 76 Sri Lankan migrants to Canada in 2009. To date, the IRB has ruled that four of the Sun Sea migrants were members of the Tamil Tigers rebel group.

The intended recipient of the contracts was not identified in the transcript but Norway has a large Sri Lankan population and is the base of the Nediyavan faction of the Tamil Tigers. The head of the Nediyavan group, Perinpanayagam Sivaparam, was arrested in Olso last month.

Dutch police reportedly want to question him about an alleged Tamil Tigers fundraising network that has been extorting money from ethnic Tamils in the Netherlands. The Dutch authorities arrested seven suspects in April.

The European case is similar to the RCMP’s recent investigation of the World Tamil Movement, a Toronto-based rebel front group that raised millions to support the Tamil Tigers until the federal government banned it in 2008, shut it down and seized its assets.

[milnews.ca]

Bumped with the latest charges by RCMP - this from the Mounties' Info-machine:

On May 14, 2012 Kunarobinson Christhurajah and Lesly Jana Emmanuel were both charged with one count of Organizing Entry into Canada contrary to Sec 117 of the Immigration and Refugee Protection Act (IRPA) for their involvement with the MV Sun Sea, a migrant vessel that brought 492 illegal immigrants to Canada in August of 2010. These charges follow a similar charge against Thayakaran Markandu announced earlier this year. Unlike Markandu, however, Christhurajah and Emmanuel are currently in British Columbia, and have been arrested by RCMP Federal investigators. Their first Court appearance is scheduled for May 16, 2012.

"The investigation into the arrival of the MV Sun Sea and those responsible for the organization of the illegal entry into Canada remains a priority for the RCMP," says Superintendent Derek Simmonds, Officer in Charge of the British Columbia Federal Border Integrity Program. "RCMP Federal investigators continue to work with international partners, the Public Prosecution Service of Canada and the Canada Border Services Agency to ensure all of the evidence which can be gathered is secured and ready to be presented to the Courts."

Supt Simmonds says the RCMP is continuing the investigation of the organization, voyage and arrival of the MV Sun Sea ....

More here (via Google News)