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National Security & Organized Crime: Recent Canadian Legal Trends
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The Shifting Landscape of National Security and Organized Crime Allegations in Canada
Recent judicial developments in Canada reveal two distinct trends in how courts handle high-stakes allegations. While national security remains a realm of high secrecy, courts are increasingly demanding a clear “nexus” to Canadian interests. Simultaneously, in organized crime matters, judges are insisting on evidentiary coherence and a strict adherence to statutory definitions of “structure” and “continuity.”
National Security: Requiring a Nexus to Canada
A pivotal update in national security law comes from Khowaja v. Canada (Citizenship and Immigration), 2025 FC 313. The Federal Court clarified that espionage-related inadmissibility under the Immigration and Refugee Protection Act (IRPA) cannot be found in a vacuum. There must be a demonstrated link to Canada’s own safety.
“Permanent residents or foreign nationals may only be found to be inadmissible to Canada… where the espionage—either directly or indirectly—is directed against Canada or has a nexus to Canada’s national security or security interests.” (Khowaja, para 118)
The Court emphasized that it will not “connect the dots” for decision-makers; the assessment of this nexus is too critical to be assumed.
Secrecy vs. Procedural Fairness
While Canada (Attorney General) v. Canada (Human Rights Commission), 2025 FC 1137, reaffirms that matters related to the “security of Canada” involve highly confidential information, secrecy does not negate the right to a fair process. The Court held that even in a confidential regime, parties must be provided with a “full and fair opportunity to know and answer any concerns or allegations.”
Furthermore, in Mamut v. Canada, 2024 FC 1593, the Court ruled that while unresolved security concerns (such as alleged ties to ETIM) justify thorough screening, they do not excuse indefinite delays in processing applications.
Organized Crime: Structure and Evidence
At the criminal law level, R v Abdullahi (2023 SCC 19) remains the gold standard. The Supreme Court established that a criminal organization must possess “structure and continuity” to pose an enhanced threat to society. This prevents the “criminal organization” label from being applied to mere ad hoc groups of offenders.
In the context of drug trafficking, R v Gordon-Brown, 2024 ONSC 1300, demonstrated the importance of surveillance. The Court relied on wiretap evidence to prove that the accused operated “in association with” a network, rather than as an isolated actor.
Scrutiny in Immigration and Protection Cases
Courts are also pushing back against “loose” labeling of gangs or cartels in immigration decisions. In Aguilar Ramos v. Canada, 2024 FC 2003, the Court found an officer’s reasoning regarding the “Mexican Mafia” to be “incoherent and unintelligible,” stating that inadmissibility findings must be established with “the utmost clarity.”
Conversely, in protection cases like Cruz Salazar v. Canada, 2024 FC 1149, the Court acknowledged the sophisticated reach of cartels, noting their ability to track targets via telecom insiders and phone tracking, even when a claimant cannot specifically name the group as “CJNG” or “Los Zetas.”
Conclusion
The current legal picture is one of tighter judicial control. Whether dealing with national security or organized crime, the Canadian judiciary is demanding better reasoning, stronger evidence, and a direct connection to the legal tests established by statute.
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