March 13, 2025
The Honourable Marc Miller
Minister of Immigration, Refugees and Citizenship House of Commons Ottawa ON K1A 0A6
Via email: [email protected]
Dear Minister Miller,
Open letter re: Donald Trump's inadmissibility to Canada
I am writing to you today to request clarification on an issue of great importance to Canadians: whether your government intends to issue a Temporary Resident Permit (TRP) to President of the United States and convicted felon Donald Trump, considering his 34 felony convictions and his stated desire to annex Canada using "economic force."
Under Section 36(b) of the Immigration and Refugee Protection Act, foreign nationals who have been convicted of a crime in another country that would constitute an indictable offence "punishable by a maximum term of at least 10 years" under Canadian law are inadmissible to Canada. Mr. Trump was found guilty by a unanimous 12-person jury of 34 counts of falsifying business records with intent to defraud and intent to commit and conceal other crimes, including violations of tax law and New York election law that prohibits conspiring to promote a political candidate through unlawful means. In addition, he was held in criminal contempt twice and was fined a total of $10,000.00 for violating a gag order 10 times.
These criminal convictions would carry serious legal consequences under Canada's Criminal Code meeting the threshold for inadmissibility under s. 36(b). Criminal record checks are an important component of the security screening. If you are criminally inadmissible to Canada, you must:
- "satisfy an immigration or border services officer that you meet the legal requirements to be deemed rehabilitated;
- apply for individual rehabilitation and get approved; or
- receive a pardon or record suspension."
Factors to be considered rehabilitated include "the crime, if enough time has passed since you finished serving the sentence for the crime, and if you have committed more than one crime."
While the determination of criminal inadmissibility to Canada by a US President is not an unprecedented situation as former President George W. Bush had a DUI conviction in 1976 and even though more than five years has passed since the conviction, nonetheless he had to undergo the rehabilitation process to be admissible to Canada.
In this instance, since Donald Trump has 34 felony convictions less than one year ago, it is unlikely that he would be "deemed rehabilitated" nor would he have met the conditions required to apply for individual rehabilitation or to receive a pardon.
Moreover, under Section 34 of the Immigration and Refugee Protection Act, foreign nationals who are engaged in actions of subversion against a democratic government, institution or process are inadmissible to enter Canada. This section also makes inadmissible individuals who are a danger to the security of Canada, are engaged in acts that would endanger the lives or safety of Canadians or are engaged in foreign influence operations.
Donald Trump has repeatedly said he wants to see a total collapse of the Canadian economy so it will become easier to annex us. Notwithstanding his insulting reference to outgoing Prime Minister Justin Trudeau as a 'governor', Mr. Trump has already clearly stated that he hopes to annex Canada using by
"economic force," and has taken ongoing actions to pursue this objective. His decision to impose completely unjustified tariffs proves that his repeated reference to Canada as the '51st state' is not mere rhetoric and cannot be ignored. At the same time, it has been reported that during conversations with Prime Minister Trudeau, President Trump declared that he does not recognize the validity of the 1908 treaty that demarcates the international border between Canada and the United States and asserted his desire to "revise the boundary."
This is a direct challenge to our territorial integrity and a subversion of the democratic process by which our border with the United States is recognized and upheld. It's part of an ongoing pattern of subversive rhetoric and action that constitutes a fundamental challenge to our sovereignty, our democratic institutions, and our rule of law.
Nevertheless, Donald Trump can still enter Canada if you, as the Minister of Immigration, Refugee and Citizenship decide to issue him a TRP despite his inadmissibility. TRPs are issued with discretion in exceptional circumstances that should be guided by public interest, principles of justice and fairness, and strengthening the integrity of our immigration system.
The NDP strongly believes that Canada should not make an exception for a convicted criminal who repeatedly threatens Canada's fundamental sovereignty, our economic wellbeing, and our allies around the world. I ask that you confirm whether your government intends to issue Donald Trump a TRP and, if so, on what grounds.
Thank you for your urgent attention to this matter. I look forward to your response.
Jenny Kwan
NDP Critic for Immigration, Refugees and Citizenship
Member of Parliament for Vancouver East
