When a judge decides how long to imprison someone for people smuggling, they must consider aggravating factors, such as whether the offence endangered lives, caused harm, involved a criminal organization or terrorist group, or was done for profit.
121 The court, in determining the penalty to be imposed under section 120, shall take into account whether (a)bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence; (b)the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization; (c)the commission of the offence was for profit, whether or not any profit was realized; and (d)a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.
121.1 (1) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), criminal organization means a criminal organization as defined in subsection 467.1(1) of the Criminal Code. (2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), terrorist group means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.