Despite the U.S. Supreme Court’s gift to Donald Trump, he may be barred from Canada as a convicted felon

Despite the U.S. Supreme Court’s gift to Donald Trump, he may be barred from Canada as a convicted felonPresident Donald Trump speaks during a rally protesting the Elector College certification of Joe Biden's win in the 2020 presidential race, in Washington, on Jan. 6, 2021.This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site.

In the case of convictions outside of Canada, the first step to consider is whether the offence in question is also an offence in Canada. Trump has now been convicted of 34 counts, though he’s pushing for the convictions to be overturned in the wake of the United States Supreme Court’s ruling that granted him immunity from prosecution for acts he committed while president.

The distinction between these categories is not germane to the question of whether someone could pop up to Ottawa for a state dinner. The large number of Trump convictions — and a variety of options in Canadian statutes — means that legal arguments about the intricacies surrounding Trump’s situation could be long and complex. But it’s unlikely lengthy legal debates will be required.

Some of the allegations against Trump, which are yet to be tested in a court of law, relate to a less common category of inadmissibility — security grounds. Security inadmissibility is related to, but distinct from, serious and ordinary criminality. It includes “engaging in or instigating the subversion by force of any government,” and “engaging in an act of subversion against a democratic government, institution, or process as they are understood in Canada.

There is no need for proof beyond a reasonable doubt, no need for a trial in any form or even for formal charges. The many provisions of criminal law aimed at protecting the rights of an accused are scarcely present in matters of immigration inadmissibility. The “keeping criminals out” principle is a broadly enabling one.

Another reason why the Jan. 6 events are the more interesting hypothetical, however, is because security inadmissibility is forever. Rehabilitation by passage of time is not available. In fact, security inadmissibility is treated so seriously that it cannot be overridden on the basis of humanitarian and compassionate considerations.

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