The three grounds
Security (section 34)
Espionage, subversion by force of any government, terrorism, being a danger to the security of Canada, violence that could endanger people in Canada, and being a member of an organization there are reasonable grounds to believe has engaged in such acts. Membership is interpreted broadly, and the organization’s acts do not have to be connected to you personally.
Human or international rights violations (section 35)
Committing war crimes, crimes against humanity or genocide. Being a prescribed senior official in a government that, in the Minister’s opinion, engaged in terrorism, systematic or gross human rights violations, or genocide. Being subject to certain international sanctions. The Supreme Court’s decision in Ezokola (2013) requires a voluntary, significant and knowing contribution to a crime for complicity, which is an important defence in many cases.
Organized criminality (section 37)
Membership in an organization engaged in a pattern of criminal activity by several people acting in concert, and transnational crimes such as people smuggling, trafficking in persons and money laundering.
How these cases are decided
The Minister only has to show “reasonable grounds to believe”, a lower standard than a balance of probabilities. Evidence often includes open-source reports, interviews and information from security partners. These findings can come up in visa applications, refugee claims, permanent residence applications and admissibility hearings. There is no IAD appeal.
Ministerial relief (section 42.1)
A foreign national can ask the Minister of Public Safety to declare that these grounds do not apply because it is not contrary to the national interest. The decision considers national security and public safety. Applications take a long time and need a full account of the person’s history.
How ATWORLD IMMIGRATION helps
- We review your history and the organization concerned before you answer any security questionnaire or interview.
- We gather expert and country evidence on the organization and your actual role.
- We make submissions on membership, complicity and duress.
- We prepare ministerial relief applications and coordinate Federal Court review where needed.
Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.