The case has been preceded by almost three months of complex legal wrangling and a confrontation between the judge and the Immigration Department.

But the jury has finally heard the opening arguments.

The Crown is alleging this is a clear cut case of human smuggling. Prosecutor Peter Laprarie says the Korean's decrepit ship was tracked by military aircraft as it approached the Queen Charlottes last August and left 131 Chinese men, women and children on a tiny island in Gilbert Bay.

It was cold and wet. Some of the migrants suffered from hypothermia and had to be airlifted to hospital.

The Korean ship tried to flee , said the Crown, but was turned around by Canadian ships and aircraft, and then arrested.

The jury was told they'll see videotape of the wretched conditions inside the ship and they'll hear from many of the migrants on board.

The Koreans are facing a total of five charges, and if found guilty could face lengthy jail terms and fines.

The pre-trial motions have already taken up 55 days and provoked an unusual tug-of-war between the judge and the Immigration Department over whether the Koreans should be released from jail.

Justice Ron McKinnon has also raised the issue of racial prejudice by questioning jurors on whether having Asians of Korean nationality, accused of smuggling Chinese, would affect their impartiality.

The Koreans, who are pleading not guilty, will decide whether to present a defence after the Crown rests its case.