Section 37 — Organized criminality
Text of provision
(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.
(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.
Plain English
Section 37 provides that a permanent resident or foreign national is inadmissible on grounds of organised criminality for being a member of an organisation 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 organised by a number of persons acting in concert.
The term "member" is broadly interpreted by the courts — it does not require formal membership in a criminal organisation. Participation in criminal activities of the organisation is sufficient.
Section 37(1)(b) extends inadmissibility to persons who have engaged in transnational crime, including human or international trafficking in persons or money laundering.
Practical effect
Organised criminality inadmissibility is not subject to a rehabilitation remedy — unlike s 36 criminality, there is no application process that allows a person to overcome s 37 inadmissibility over time. A TRP or an H&C exemption under s 25 are the only potential discretionary remedies.
Findings of organised criminality inadmissibility at the Immigration Division are subject to appeal to the Immigration Appeal Division (IAD) for permanent residents, but the evidentiary standard is the civil standard (balance of probabilities).