Tamil migrants arrived in B.C. aboard the MV Sun Sea in August 2010. (Handout file photo)

Supreme Court of Canada affirms acquittals in refusing to hear Tamil migrant case

Three men were cleared after MV Sun Sea arrived in B.C. carrying 492 people from Sri Lanka in 2010

The Supreme Court of Canada has effectively upheld the acquittal of three people who were charged with human smuggling after a rickety ship arrived off the coast of B.C. carrying hundreds of Tamil migrants.

In a decision Thursday, the high court turned down the Crown’s application for an appeal hearing in the case.

In August 2010, the Canadian navy intercepted the cargo ship MV Sun Sea carrying 492 people from strife-torn Sri Lanka and escorted it to CFB Esquimalt.

Lesly Emmanuel, Nadarajah Mahendran and Thampeernayagam Rajaratnam were charged with violating the Immigrant and Refugee Protection Act by organizing, inducing, aiding or abetting the illegal entry of people into Canada.

The Crown alleged the men were part of a human-smuggling operation linked to organized crime.

Emmanuel, who captained the ship, testified that he boarded as a passenger, then reluctantly took the helm to avert disaster for the vessel.

The Crown accused Canadian citizens Mahendran and Rajaratnam, who were not aboard the ship, of helping organize the voyage.

Both argued the evidence that led to their identification was seriously flawed.

READ MORE: Self-preservation, not profit behind accused human smugglers actions, lawyer says

The three men were acquitted in early 2017 by a jury in B.C. Supreme Court.

Last June, the B.C. Court of Appeal upheld the verdicts, saying the Crown had not demonstrated a reasonable possibility that any errors committed by the trial judge affected the outcome.

As usual, the Supreme Court gave no reasons for refusing to hear the case.

The Canadian Press

Like us on Facebook and follow us on Twitter

Immigration

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Single-engine aircraft crashes near Telkwa

Two occupants of the plane sustained minor injuries and were transported to hospital

Search on for mushroom picker missing from near Kitwanga

Tommy Dennis was last seen Sept 16 wearing blue jeans, black cap, rubber boots, grey checked sweater

Northwest firefighters headed to Oregon to battle wildfires

Over 200 B.C. firefighting personnel will assist in the U.S.

Cullen announces bid for provincial NDP nomination for Stikine riding

Current MLA Donaldson not seeking re-election

Another Telkwa councillor calls it quits

Councillor Rick Fuerst is the second Telkwa council member to hang up his hat since the 2018 election

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

Supreme Court Justice Ruth Bader Ginsburg dies at 87

The court’s second female justice, died Friday at her home in Washington

Emaciated grizzly found dead on central B.C. coast as low salmon count sparks concern

Grizzly was found on Gwa’sala-‘Nakwaxda’xw territory in Smith Inlet, 60K north of Port Hardy

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

CHARTS: Beyond Metro Vancouver, COVID-19 cases in B.C. haven’t increased much recently

COVID-19 case counts outside of Metro Vancouver have been level since July

70-year-old punched in the head in dispute over disability parking space in Nanaimo

Senior’s turban knocked off in incident at mall parking lot

Most Read