Roger-Luc Chayer (Photo: Chip Somodevilla/Pool via Reuters)
In recent weeks, and following the election of Donald Trump as President of the United States as well as the appointment of Elon Musk, CEO of Tesla, SpaceX, X, and other companies, numerous hostile and concerning actions have been taken by Musk against Canada. These actions have repercussions on our economy and threaten the jobs of hundreds of thousands of Canadians.
Few people know, but Elon Musk holds Canadian citizenship, in addition to being an American and South African citizen. In these circumstances, could his actions be considered a crime under Canadian law? If he persists, could he be charged, subject to an international arrest warrant, and possibly forced to either serve a prison sentence in Canada or renounce his Canadian citizenship? Let’s explore the situation in more detail.
Is it legal in Canada to hold three nationalities?
According to the Government of Canada, yes, it is legal to hold three nationalities in Canada. Canada allows dual and even multiple citizenships, without imposing a limit on the number of nationalities an individual can hold. This means a Canadian can acquire other citizenships without losing theirs, provided the other countries also permit multiple citizenships.
However, some nations require an individual to renounce their original citizenship when they acquire a new one, but Canada does not impose such a restriction. Thus, a person born in Canada or a naturalized Canadian citizen can also be a citizen of one or more other countries if they meet the criteria of those nations.
However, holding multiple nationalities means respecting the laws of each country involved, including tax or military obligations. We do not know if Musk is fulfilling his Canadian tax obligations, as this is private information managed by the Canada Revenue Agency.
What actions has Musk taken against Canada?
On January 8, billionaire Elon Musk sparked controversy with a post targeting former Canadian Prime Minister Justin Trudeau. On Wednesday, Musk reacted to Trudeau’s statement rejecting a merger between Canada and the United States by saying: “My daughter, you’re no longer the governor of Canada, so what you say doesn’t matter.” Musk’s comment came after Trudeau claimed, “There’s not the slightest chance that Canada will become part of the United States.”
Recently, Musk also reacted to a post by Carleton MP Pierre Poilievre on X about Canada’s sovereignty. Poilievre had written: “Canada will never be the 51st state. Period. We are a great independent country. We are the best friends of the United States. We have spent billions of dollars and sacrificed hundreds of lives to help the Americans retaliate against the 9/11 Al-Qaeda attacks. We provide the United States with billions of dollars of high-quality, reliable energy, well below market prices. We purchase hundreds of billions of dollars worth of American goods.”
Musk responded to the post by saying: “A referendum of the people is the essence of democracy!”
What are the consequences of working for a foreign power against Canada?
Working for a foreign power against Canada can lead to serious legal and political consequences. A person involved in such activities could be charged with espionage, treason, or endangerment of national security, leading to severe prison sentences. Financial sanctions, loss of citizenship, or bans on holding certain public offices could also apply.
Moreover, it harms the individual’s reputation and career, compromising their ability to obtain sensitive jobs. In the case of collaborating with a hostile entity, the repercussions could include international lawsuits and restrictive measures imposed by the Canadian government.
It is even worse if the person holds Canadian citizenship! The consequences can be more severe if the person is a Canadian citizen. As a citizen, the individual is subject to Canadian law, and their involvement in activities harmful to national security could lead to harsher penalties.
Canadian citizenship could also be revoked if the person is convicted of terrorism or collaboration with hostile foreign powers, jeopardizing their rights and freedoms in Canada.
What does the Canadian Criminal Code say?
Treason: Canadian laws are strict and clear on various aspects of the actions taken by Elon Musk against Canada.
Section 46 reads as follows: A person commits treason who, in Canada, according to the case:
a) uses force or violence with the intent to overthrow the government of Canada or a province;
b) without legitimate authorization, communicates to an agent of a foreign state, or makes available to such an agent, military or scientific information or any sketch, plan, model, article, note, or document of a military or scientific nature, knowing or should know that the state may use it to harm Canada’s security or defense;
c) conspires with anyone to commit high treason or do anything mentioned in paragraph (a);
d) intends to commit high treason or do anything mentioned in paragraph (a) and manifests this intention by an overt act;
e) conspires with anyone to do anything mentioned in paragraph (b) or intends to do anything mentioned in paragraph (b) and manifests this intention by an overt act.
Marginal note: Canadian Citizen (3) Notwithstanding subsections (1) or (2), a Canadian citizen or an individual owing allegiance to Her Majesty in right of Canada, who, in Canada or abroad, does anything mentioned:
a) in subsection (1), commits high treason;
b) in subsection (2), commits treason.
Marginal note: Overt Act (4) When a conspiracy with anyone constitutes treason, the act of conspiring is an overt act of treason.
Sedition: Seditious words are words that express a seditious intent.
Marginal note: Seditious Intent (4) Without limiting the general meaning of seditious intent, anyone who, according to the case:
a) teaches or advocates;
b) publishes or circulates a document that advocates the use, without the authority of law, of force as a means to change the government in Canada.
Mischief: Section 430 of the Canadian Criminal Code states: A person commits mischief who voluntarily:
a) destroys or damages property;
b) renders property dangerous, useless, inoperative, or ineffective;
c) prevents, interrupts, or interferes with the use, enjoyment, or lawful operation of property.
Punishment: A person who commits mischief that endangers human life is guilty of a criminal offense and liable to life imprisonment.
It is clear that the actions taken by Elon Musk are in violation of the Canadian Criminal Code. Due to their scope and the consequences they have for hundreds of thousands of Canadians, Musk could face charges. Let’s not forget that he has no diplomatic passport or diplomatic immunity, as he is a Canadian citizen!
Canadian Citizenship Act
According to the law, individuals born in Canada, or abroad if one of the parents is a Canadian citizen at the time of birth, are considered citizens by birth. Elon Musk acquired Canadian nationality through his mother, who was Canadian herself.