The trial of four men who are accused of human smuggling after the arrival of 492 Tamils on the coast of British Columbia in 2010, has commenced on Wednesday.
Lesly Emmanuel, Kunarobinson Christhurajah, Nadarajah Mahendran and Thampeernayagam Rajaratnam pled not guilty under the Immigration and Refugee Protection Act.
Crown counsel, prosecutors for the Ministry of Justice stated that "none of the 492 persons aboard the MV Sun Sea had the required travel documents” and were smuggled into the country illegally.
Crown’s statements also described the conditions endured by migrants. “There were no beds. The men slept on the floor. Food was sent below decks and the men were only allowed on deck for certain periods of time. The women and children slept under tarps on the deck of the boat.”
One person died on board and was buried at sea.
Emmanuel and Christhurajah were both on board the MV Sun Sea, with Emmanuel said to be the captain and Christhurajah as a “person of influence on the boat.” Mahendran and Rajaratnam, both Canadian citizens, were not on board the MV Sun Sea but are accused of being agents.
The case comes after the highest court of Canada ruled that human smuggling laws were overbroad and as a result imposed a narrower definition, in November 2015. This allowed the opportunity for many who were on board the MV Sun Sea to have their cases for refugee status reheard. However, the four accused are being tried on the claim that they took money in exchange for bringing people to Canada.
This trial is to be decided by a 12-member jury and is expected to last 8 weeks.