Donald Trump is a convicted felon. Could he be stopped from entering Canada for the G7 summit?
If any ordinary American were to be convicted of Donald Trump 's crimes, they would most likely be stopped at the Canadian border, immigration lawyers say.
But Trump is far from ordinary. Despite his 34 felony convictions, the U.S. president plans to jet into the country on Sunday, en route to the G7 summit in Kananaskis, Alta.
He'll likely face little resistance on his way in.
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'Do I believe (Trump's convictions) will be an impediment to him entering Canada? The answer is no,' said Mario Bellissimo, founder of immigration law firm Bellissimo Law Group in Toronto.
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'Given his status and maybe the need for his entry to Canada, all kinds of factors come into play.'
The Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC) declined to comment. 'Due to privacy legislation, we cannot comment on individual cases,' said Remi Lariviere, a spokesperson for the IRCC. 'Inadmissibility decisions are made on a case-by-case basis.'
Is Trump allowed to enter Canada despite his felony convictions?
Anyone convicted of an offence outside Canada that, if committed within the country, would constitute an indictable offence or lead to a maximum sentence of at least 10 years, will be deemed inadmissible to enter the country, according to the Immigration and Refugee Protection Act (IRPA).
So too will anyone convicted of at least two, separate offences that are also considered offences in Canada.
But although Trump was found guilty on 34 felony counts of falsified business records in a 2024, a judge granted him an unconditional discharge — sparing the president any fines, jail time or probation. And that discharge might be his ticket into Canada.
'Under the (IRPA), if someone here in Canada is convicted but they receive an unconditional discharge, it's not considered a conviction,' Bellissimo said. 'It may well be that an officer doing an equivalency assessment ... may make a determination that he's not criminally inadmissible.'
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Even if Trump were to be found criminally inadmissible, Bellissimo believes Canada's minister of public safety would likely make an exception 'in the national interest' and allow him entry to preserve diplomatic relations.
Canada's ports of entry also have a 'huge amount of discretion' regarding who they let in, added David Garson, managing partner of Toronto-based Garson Immigration Law. Depending on their circumstances, someone deemed inadmissible may be granted a temporary resident permit that allows them to enter the country for a limited time — although Trump is unlikely to reach a point where this is needed, Bellissimo said.
Finally, Trump likely holds a diplomatic passport, which could help facilitate his entry. This is not a 'get out of jail free card' — it won't rule out past criminal convictions, Garson and Bellissimo said. But for the purposes of diplomatic facilitation, border officials are more likely to find a reason to let diplomatic passport holders into the country, regardless of their past offences.
I have a criminal history. Can I enter Canada?
That depends on your offence, how much time has passed since the completion of your sentence and the urgency of your need to enter the country, the lawyers say.
'Canada has a pretty low threshold for inadmissibility,' Garson said. For instance, driving under the influence might be considered an indictable offence in Canada and bar one from entering the country.
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That said, CBSA officers consider cases on a 'need versus risk' basis, said Shabnam Akrami, managing partner and founder of Mississauga immigration law firm Akrami & Associates. If one is deemed low-risk and their need to enter is compelling, they may be granted a temporary resident permit — although it can take four to five months and 'quite a lot of documentation' for this to be approved, in Garson's experience.
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Otherwise, those deemed inadmissible may be considered 'rehabilitated' 10 years after they served their sentence for an indictable offence, or five years after serving their last sentence for two or more summary convictions. The screening process is more comprehensive for those who committed a serious offence with a maximum sentence of at least 10 years, Bellissimo explained.
'I think that's where people are getting irritated, because someone like Donald Trump is getting preferential treatment,' Akrami said. 'Because someone with a similar offence ... would not have been able to overcome the inadmissibility at the port of entry with same-day processing.'
Akrami added that she's seen similar situations with athletes and celebrities who, despite facing criminal convictions that would bar 'normal people' from entry, were still allowed into the country.
'Because this person is an athlete and millions of people are watching them, it's a boost to the Canadian economy,' Akrami said. 'When you do the need versus risk, it could be argued that they should get in.'
'I get why Canadians are upset, with the remarks that he's made about the 51st state and all of this stuff,' she continued. 'But from a legal angle ... they're not making a new law for him. They're not doing something that doesn't already exist.'
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