Two commercial truck drivers were charged under the Immigration and Refugee Protection Act after 11 foreign nationals were discovered hidden in the sleeping cab of their truck at the Canada-US border.
The accused brought a motion arguing no case to answer, asserting the Customs Act should apply, which the court dismissed.
At trial, the court rejected the driver's testimony denying knowledge of the passengers, finding him guilty based on his attempt to evade secondary inspection.
The co-driver, who was resting in the passenger seat, was acquitted as the court found his denial of knowledge could reasonably be true and there was insufficient evidence of willful blindness.
