Canada’s legal barriers: Why Elon Musk’s citizenship can’t be revoked

An online petition urging the Canadian government to revoke Elon Musk's citizenship is rapidly gaining traction, with plans to become one of the most signed petitions in the history of the House of Commons. However, there’s a significant issue — Canada cannot revoke Musk's citizenship under current law.

Speaking to CBC, immigration lawyer Gabriela Ramo explained that Canadian law only allows citizenship revocation if fraud or misrepresentation is proven during the process of obtaining citizenship, per Caliber.Az.

"To pursue this, new legislation would need to be introduced and amendments would have to be made to the current Citizenship Act," said Ramo, who previously chaired the Canadian Bar Association’s immigration section. "There’s no provision to revoke the citizenship of someone born in Canada, like Musk, because he is a Canadian citizen by birth through his Canadian mother."

Ramo emphasized that citizenship revocation is a rare occurrence in Canada.

Rémi Larivière, a media relations officer for Immigration, Refugees, and Citizenship Canada, reiterated that revoking citizenship is not a decision taken lightly. "A person’s citizenship can be revoked if it was obtained, retained, renounced, or resumed by false representation or fraud, or by concealing material circumstances," he stated. The process requires several steps, including a decision by a Federal Court judge unless the individual requests that the immigration minister make the decision.

The controversy surrounding Musk’s citizenship arose after British Columbia author Qualia Reed launched the petition on February 20, calling for the government to revoke Musk’s Canadian citizenship and passport. The petition, supported by New Democrat MP Charlie Angus, accuses Musk of actions that go against Canada's national interest. "Elon Musk has used his wealth and power to influence our elections; he has now become a member of a foreign government attempting to erase Canadian sovereignty," the petition reads.

Since its launch, the petition has garnered over 263,000 signatures, with Ontario contributing the most — over 96,000 — followed by British Columbia (53,000), Quebec (43,000), and Alberta (25,000). People who sign the petition must provide personal details, including their email address, full name, postal code, and phone number. Even Canadians living abroad are eligible to sign. House staff verify the information, and any false or unpermitted signatories can have their submissions disallowed.

The current record for a House of Commons e-petition is 387,487 signatures, set by a petition calling for a vote of no confidence in the Liberal government, presented by Conservative MP Michelle Ferreri in January 2024.

Musk addressed the petition on his social media platform, X, by commenting, "Canada is not a real country," though the post has since been deleted.

Born in South Africa, Musk holds Canadian citizenship through his mother, Maye Musk, who was born in Regina. At the age of 17, Musk moved to Canada and worked on his mother's cousin’s farm in Saskatchewan, as well as in a lumber mill in Vancouver. He later attended Queen's University in Ontario on a scholarship before moving on to the University of Pennsylvania and Stanford University.

Musk’s connection to Canada also includes his first wife, Canadian author Justine Wilson, whom he met at Queen's University.

In February 2024, Musk revealed on X that it took him over ten years to obtain US citizenship, which he reportedly achieved in 2002.

By Tamilla Hasanova