Smuggling case decided by mutual aid stipulation

“There is circumstantial evidence from which it can be argued that common sense dictates that this vessel and voyage could not have been mounted without the assistance of persons involved in organized crime,” Silverman said. “However, there is little evidence of a connection or a furthering ‘through acts’ of the four accused.”

The Supreme Court of Canada helped pave the way for Thursday’s outcome when it found in 2015 that Canada’s human-smuggling laws should not extend to people who are simply assisting family members or providing humanitarian or mutual aid to refugees.

In Thursday’s ruling, Silverman said: “I am satisfied that all of the conduct performed by the four accused was performed in pursuit of that mutual goal and amounts solely to mutual aid.”

All four men smiled, laughed and shook hands in court, The Canadian Press reported.

Mark Jette, a lawyer for one of the accused, said the courts have sent an important message.

“If you’re an internationally active people smuggler or trafficker who’s engaged in this for profit, you’re going to be prosecuted. If you get on a boat and assist yourself and others to get across safely, you’re not a criminal.”

While Thursday’s ruling does not mean the four accused’s refugee claims will automatically be accepted, it does give them a “fighting chance,” he added.

Speaking outside court, Kanagarajah described how he and the other migrants were convinced partway through the ocean journey that they would not survive.

“Most of the refugees believed that we were going to die, because there were so many storms, and the sea was very rough,” he said. “Fortunately we are here today.”

Kanagarajah said he still wants to become a Canadian citizen and plans to go to college to study business.

Earlier this year, three of four men accused of human smuggling in the Sun Sea case — Lesly Emmanuel, Nadarajah Mahendran and Thampeernayagam Rajaratnam — were similarly acquitted by a jury. The jury, however, could not reach a decision regarding a fourth man, Kunarobinson Christhurajah.

Following a retrial, Christhurajah was found guilty in May.

According to the most recent figures available from the Immigration and Refugee Board, eight men from the Ocean Lady were deemed inadmissible and received deportation orders, 36 refugees claims were accepted, and 21 claims were rejected.

In the Sun Sea cases, 22 were ordered deported after being found inadmissible, 230 refugee claims were accepted and 107 claims were rejected.