| Economic globalization which includes a proliferation of information, communication and transportation technology has been accompanied by a drastic growth in international migration, including through migrant smuggling. Canada has proven not to be immune from this word-wide phenomenon.; Policies which promote the closure of borders oppose the need for economic or political migration. Consequently, circumventing borders causes repressive reactions from the host countries. States are making increasing efforts to fight illegal migration and migrant smuggling, which result in poorer access to protection for refugee claimants.; In this post September 11 period, border safety has become a state priority. Following this logic, the smuggling of migrants appears to be a question of national security. Therefore, the fragile equilibrium between a State's sovereign powers to protect its territory and fight illegal migration, and the protection of migrants' fundamental rights might not be respected. This fight against the smuggling of migrants becomes a tool for migration control rather than an instrument against organized criminality.; Adopting a perspective based on criminology and on the law, this study analyses the laws and policies put forward by the Canadian government to fight illegal migration and the smuggling of migrants. The aim is to understand the various impacts of these laws and policies on migrants and refugees. This legal analysis also benefits from interviews performed with various lawyers (5), actors (5) and migrants (25) who have arrived in Canada through illegal channels, including smuggling.; Keywords. Smuggling of migrants, irregular migration, transnational organized crime, trafficking in persons, migration control, border security, fight against organized crime, migration policy, refugee rights, protection of migrants, measures against terrorism. |
