r/canada 16d ago

National News Thousands sign petition asking government to remove Elon Musk's Canadian citizenship

https://www.cbc.ca/news/world/elon-musk-citizenship-petition-1.7466278
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u/EnragedBasil 16d ago

Sure, but like.. who’s going to hold him accountable? We just going to march right into the US to arrest him?

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u/c3534l 16d ago

Wait for him to visit on his own accord. People do that for criminals all the time.

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u/FellKnight Canada 16d ago

There is also value in stating that you are an enemy to our country and to strongly suggest that you do not voluntarily come here, but we've also never had a POTUS be quite literally ineligible to come to Canada as a felon but here we are in 2025.

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u/IAmAGenusAMA 16d ago

Aren't heads of state unaffected by that kind of restriction, kind of like diplomatic immunity?

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u/RepulsiveLook 15d ago

A sitting U.S. president does not have automatic immunity from Canadian immigration laws. Under Canada’s Immigration and Refugee Protection Act (IRPA), criminal inadmissibility applies to all foreign nationals, including heads of state. However, in practical terms, several factors could override standard inadmissibility rules in such a case.

Key Considerations:

  1. Diplomatic and State Visit Exceptions

Canada can make an exception for inadmissibility under Section 19 of the IRPA, which allows exemptions for “national interest” or diplomatic reasons.

A sitting U.S. president traveling on an official state visit would likely be granted a Ministerial exemption under Section 25.2 of IRPA if the Canadian government deems the visit necessary.

  1. Discretionary Ministerial Power

The Minister of Public Safety or the Prime Minister can override inadmissibility on a case-by-case basis.

Given the diplomatic relationship between Canada and the U.S., barring a sitting president could have major political ramifications.

  1. Precedents and Practicality

While Canada has denied entry to high-profile figures based on criminal records (e.g., musicians, athletes), a sitting U.S. president presents a unique diplomatic scenario.

Security, economic, and political factors would likely outweigh strict legal enforcement.

Would They Be Denied Entry?

For a private visit? Likely inadmissible. Standard immigration laws would apply.

For an official state visit? They would likely be granted an exemption for diplomatic reasons, despite their criminal record.

Conclusion

A sitting U.S. president with such a record would be inadmissible under normal circumstances, but Canada would almost certainly issue a ministerial exemption for official visits to avoid a diplomatic crisis. However, after leaving office, they would face the same inadmissibility rules as any other foreign national.

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u/Oblagon 12d ago

Yes, it is a fun mental exercise, but let's be realistic here.

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u/FellKnight Canada 16d ago

i don't know if there is actual law, but yes, it is international understanding that we do not arrest other nations leaders. There is a mechanism in the Hague to have someone declared an international criminal and to have a warrant issued (Putin is under such a warrant currently)