Last Updated on décembre 2, 2016
Here you can read the description of the two types of people that can be found inadmissible to Canada for involvement in organized crime.
There are two types of people who can be deemed inadmissible to Canada for involvement in organized crime.
1. Those that are members of an organization that is believed, on reasonable grounds, to be or to have been involved in a pattern of organized criminal activity.
This organized activity must consist of many people working together to commit crimes that are punishable by indictment in Canada. The activity may also consist of acts outside of Canada that would be punishable by indictment if they happened in Canada.
The meaning of “membership” in an organized crime group includes anybody who is purposely involved with a group as described above and who profits from the group’s activities. This can include:
- People who work for the group on a full time or nearly full time basis.
- People who associate with members of the group on a regular basis.
- People who are connected to the group but do not commit acts personally.
- People who are directly, indirectly or peripherally involved with the group.
- People who do not have a large role in the group but still derive economic profit from the group’s activities.
- People who work for a legitimate business but are aware that the business is controlled by an organized crime group.
- People who act on behalf of the group without having formal membership in the group.
- Note: Members of the group who have no knowledge of the group’s illegal activities will not be deemed inadmissible.
Exceptions: Those who fall under this category will not be found inadmissible if it is deemed that their presence in Canada is not against the country’s national interest. One way to prove that your presence is not against Canada’s national interest is to obtain a Temporary Resident Permit (TRP). For an Overview of TRPs, click here.
Further, those who participate in organized crime will not be deemed inadmissible if their only involvement with organized crime is that they entered Canada with the help of a person who is involved in organized crime.
2. Those that engage in:
- People smuggling
- Human trafficking
- Money laundering
- Any other act that is transnational in nature.
Exceptions: Those who fall under this category will not be deemed inadmissible if their only involvement with organized crime is that they entered Canada with the help of a person who is involved in organized crime.
Decisions that a group is engaged in organized crime must be made on “reasonable grounds”. This means that officers will only deem a group to be involved in organized crime if they have a true belief that there is a serious possibility that a group is engaged in organized crime. This belief must be based on credible evidence.
For more information on how organized crime is defined by the Canadian government, click here.
For more information on overcoming a finding of inadmissibility for organized criminality, click here.