Denied Entry to Canada: Organized Criminality

Canadian immigration aims to facilitate entry into Canada for persons who meet the requirements set out in the Immigration and Refugee Protection Act (IRPA). Even if a person meets all eligibility requirements, they may still be refused if the Canadian Border Security Agency (CBSA) considers them to be inadmissible to Canada. This is best summed up by the principle enounced in Canada (Minister of Employment and Immigration) v Chiarelli that "non-citizens do not have an unqualified right to enter or remain in [Canada]." In this blog, we'll review reasons why someone may be considered inadmissible to Canada.

There are 10 general grounds of inadmissibility which can be found in sections 34 to 42 of the IRPA:

1. Security

2. Human Rights Violations

3. Criminality

4. Organized Criminality

5. Health

6. Financial Reasons

7. Misrepresentation

8. Cessation of Refugee Protection

9. Non-Compliance with the IRPA

10. Inadmissible family member.

Today let's look at reason number 4: Organized Criminality

Denied Entry to Canada: Organized Criminality

Section 37 of the Immigration and Refugee Protection Act explains the criteria for being found inadmissible to Canada due to Criminality:

Organized Criminality

37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for

(a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or

(b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime.

Application

(2) Paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized criminal activity.

How does a border officer determine whether I am a member of a criminal organization?

Determining membership in an organization requires that border agents determine whether an applicant participated in a business knowing that it was controlled by a criminal organization or whether the applicant should have known that the business was controlled by a criminal organization. The officer must have reasonable grounds to conclude that the applicant was a member of the organization in question. This means that the officer does not need to prove conclusively that the applicant was a member of the organization or that it is more likely than not that the applicant was or is a member of a criminal organization. Rather, the officer must have a bona fide belief that the applicant was or is in an organization that supports criminal activity, based on credible evidence. As with membership in a terrorist organization, membership could be past or present. It is not necessary that a person be currently involved in a criminal organization for them to be considered inadmissible due to membership in organized criminality.

What to do if you have been convicted of a criminal offence

If denied, you will not be allowed to enter Canada until you have received approval from a Canadian consulate. If you are a citizen of a visa-exempt country, you will need to apply for a temporary resident permit based on the guidelines set out by your specific country. Refusals to Canada can be based on past criminal activity and can have an impact not only on your personal travel plans, but on your employment if travelling for business purposes, and those in your travel group.

To avoid this, it is best to plan ahead and apply for a Temporary Resident Permit or Criminal Rehabilitation if required. As a previous criminal defence lawyer, I have experience navigating both Criminal and Immigration law and can ensure that your application process is smooth and trouble-free. Contact me today for your consultation and to see how I can help you navigate this tricky area of law.