In June 2025, the Canadian government introduced Bill C-2, the Strong Borders Act, a sweeping proposal aimed at reshaping immigration and border enforcement. While much attention has focused on asylum rules, another critical element of this bill involves tougher penalties for human smuggling and trafficking networks. At Vayeghan Litigation, we believe it’s vital for the public to understand these changes, as they represent a significant shift in Canada’s criminal and immigration law landscape.
What Is Human Smuggling vs. Human Trafficking?
Although sometimes confused, human smuggling and human trafficking are distinct crimes under Canadian and international law:
- Human smuggling typically involves helping individuals enter a country illegally, often in exchange for payment.
- Human trafficking involves the exploitation of people—through coercion, deception, or force—for purposes such as forced labour, sexual exploitation, or servitude.
Both are already serious crimes under the Criminal Code and the Immigration and Refugee Protection Act (IRPA). The proposed legislation builds on these laws with harsher consequences and expanded enforcement tools.
What Does Bill C-2 Propose?
The Strong Borders Act introduces several key measures:
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Harsher Sentences for Smuggling Networks
The bill seeks to increase maximum penalties for organized smuggling and trafficking operations, particularly those involving vulnerable groups like women and children. -
Expanded Enforcement Powers
Border officers and law enforcement agencies would have broader authority to investigate suspected networks, intercept illicit transportation, and coordinate with international partners. -
Stronger International Alignment
The legislation aims to bring Canada’s enforcement approach closer to global standards under the United Nations Protocol against Smuggling of Migrants and the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. -
Asset Seizures and Financial Penalties
Authorities may be given stronger tools to seize assets linked to smuggling operations, cutting off profits that fuel organized crime.
Why the Changes Now?
The government has framed these proposals as a response to rising concerns over cross-border organized crime, including the trafficking of fentanyl, firearms, and vulnerable persons. By raising the stakes for smugglers and traffickers, lawmakers argue that Canada will better deter criminal organizations and protect its borders.
However, legal experts and human rights advocates caution that broad enforcement powers may risk overreach. There are concerns that legitimate migrants or humanitarian workers could be unfairly targeted if definitions of “smuggling” are applied too broadly.
How This Interacts With Criminal Law
Under the Criminal Code of Canada, trafficking in persons already carries penalties of up to life imprisonment in the most serious cases. IRPA also prohibits smuggling and imposes heavy fines. Bill C-2 would layer on tougher sentencing guidelines and new investigative powers, signaling that prosecutors will likely pursue these cases with even greater intensity.
Why Having the Right Legal Team Matters
If you are facing charges related to human smuggling, trafficking, or any criminal elements tied to your immigration status, our firm is uniquely positioned to help. At Vayeghan Litigation, we combine the skills of experienced criminal defence lawyers with in-depth knowledge of immigration law. This integrated approach allows us to provide comprehensive strategies that protect both your liberty and your ability to remain in Canada. When immigration issues intersect with criminal allegations, the best place to be is with a team that understands both sides of the law—and that’s exactly what we offer.
Contact Vayeghan Litigation today for a confidential consultation and take the first step toward protecting your future.
Call us at 778-653-3995 or email law@mvlitigation.com now to discuss your case.
