Section 33 — Rules of evidence — inadmissibility
Text of provision
The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.
Plain English
Section 33 provides that the facts that constitute inadmissibility under ss 34 to 37 and paragraph 38(1)(c) include facts arising from omissions, and that, unless otherwise provided, if the Minister has reasonable grounds to believe that a person is inadmissible, the facts constituting inadmissibility may be stated in the report.
The "reasonable grounds to believe" standard is lower than the civil standard of balance of probabilities. It requires more than suspicion but less than proof on a balance of probabilities.
Practical effect
The reasonable grounds standard means that CBSA and IRCC officers can issue s 44 reports for inadmissibility based on information that falls short of definitive proof. The Federal Court has confirmed that "reasonable grounds to believe" requires an objective basis for the belief that the facts are true — not mere suspicion. This standard applies across all the major inadmissibility grounds (security, human rights violations, serious criminality, organized criminality, health, financial, and misrepresentation).