Now that Trump is found guilty, he is technically inadmissible to Canada.

Former President Donald Trump was recently found guilty on all counts in the hush-money trial. The CBC reported this historic verdict, making him the first U.S. president convicted of a felony. The jury found him guilty of falsifying business records related to payments made to Stormy Daniels. This conviction raises questions about his admissibility to Canada under immigration laws.

Potential inadmissibility grounds

In my previous article, I explored the potential grounds for President Trump’s inadmissibility to Canada. With his conviction, these theories gain new relevance. According to Canadian law, particularly section 36 of the Immigration and Refugee Protection Act (IRPA), individuals convicted of serious crimes may be inadmissible. The hush-money trial falls under serious criminality, making Trump potentially inadmissible.

Detailed analysis

Trump’s conviction involves 34 felony counts under New York Penal Law § 175.10. These charges relate to falsifying business records, which is a serious offence. According to section 36(1)(b) of the IRPA, serious criminality includes convictions outside Canada for actions that would be criminal offences in Canada punishable by a penalty that could be up to or more than ten years in prison.

Similar actions in Canada would violate sections of the Criminal Code dealing with fraud and falsification of documents. The equivalent applicable law in Canada is probably section 380 of the Criminal Code, meaning up to 14 years in prison. Of course, this is not an official finding but rather an academic exploration. Therefore, Trump’s conviction meets the criteria for serious criminality. Considering the severity and number of offences, this section could render him inadmissible to Canada.

Precedents and implications

Thousands of individuals have faced inadmissibility to Canada due to criminal charges in the past. However, we have never had a president of a Western country, especially a former and potential future president of our closest ally, become inadmissible because of serious criminality. This situation is unprecedented. Canadian immigration authorities are now navigating uncharted territory. While they might look at past cases to determine the appropriate action, the uniqueness of Trump’s situation adds complexity and historical importance.

Appeal and potential outcomes

While Trump plans to appeal, his conviction still stands. The appeal process could take years but does not negate the current legal standing. If Canadian authorities consider this, they could find him inadmissible. He could face significant challenges entering Canada without special permissions, such as a Temporary Resident Permit (TRP).

TRPs are typically granted in exceptional circumstances, allowing individuals who are otherwise inadmissible to enter Canada for a limited period. Given Trump’s high profile, the decision to grant a TRP would attract significant public and media attention.

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    Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
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    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.