The case of R. v. Ng [2006] B.C.J. No 774, at para. 8 - sets out judicial interpretation of the difference between human smuggling and human trafficking under the Act:
Two critical elements distinguish human trafficking from human smuggling. The first is the presence of force, coercion, fraud or deception as part of the process of organizing entry into Canada. In the case of smuggling it is implicit the person being smuggled may be a willing participant in the scheme to gain entry but once entry has been affected there may be no further relationship between the person organizing the entry and the person being smuggled. In contrast, human trafficking, involves the use of force, fraud or deception, to compel a person to participate in the scheme to gain entry. The second critical difference is that in the case of trafficking there is a continuing relationship with the person organizing entry after entry into Canada.
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