XPost: sac.politics, alt.fan.rush-limbaugh, alt.atheism
XPost: alt.home.repair, rec.arts.tv

Donald Trump is a convicted felon. Could he be stopped from entering Canada
for the G7 summit?

Trump would likely not be allowed to enter Canada if he were not the U. S. president, immigration lawyers tell the Star.

By Kevin JiangStaff Reporter

If any ordinary American were to be convicted of Donald Trumps 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.

Do I believe (Trumps 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.

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, its not considered a conviction, Bellissimo
said. It may well be that an officer doing an equivalency assessment... may make a determination that hes not criminally inadmissible.

Even if Trump were to be found criminally inadmissible, Bellissimo believes Canadas minister of public safety would likely make an exception in the national interest and allow him entry to preserve diplomatic relations.

Canadas 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 wont 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.

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 Garsons experience.

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 thats 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 shes 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,
its 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 hes made about the
51st state and all of this stuff, she continued. But from a legal angle ... theyre not making a new law for him. Theyre not doing something that doesnt already exist.

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)