DMELT

A reminder that Elon Musk is a Canadian citizen. His wealth, influence, and U.S. citizenship do not exempt him from Canadian law. He can face criminal charges and arrest if there is evidence that he committed an offence Canada has jurisdiction to prosecute. Some Canadian laws also apply to conduct abroad. There are concrete reasons for Canadian authorities to examine his role in the operation of X and xAI. In June 2026, Canada’s Privacy Commissioner found that both companies violated federal privacy law after launching Grok’s image-generation tool without adequate safeguards. The tool was used to create and share non-consensual sexualized deepfakes targeting women and children. Privacy Commissioner’s findings Those findings concern the companies. The next question is what Musk himself knew and did. What warnings did he receive? What decisions did he make about safeguards? Did he direct, encourage, or knowingly assist conduct that amounts to a criminal offence? Canadian authorities should examine those questions, particularly where Canadian victims are involved. Canada criminalizes the non-consensual distribution of qualifying intimate images. A person who counsels an offence can also bear criminal responsibility when the law’s requirements are met. Establishing Musk’s liability would require evidence of his personal involvement. Criminal Code, section 162.1, section 22 France has already moved to examine that responsibility. In May 2026, Paris prosecutors announced a judicial investigation into X’s operations and requested formal investigation of Musk personally, alongside the companies and another executive. The allegations involve child sexual abuse imagery, non-consensual sexual deepfakes, and unlawful data practices. They remain unproven. Canadian investigators should assess whether evidence from that investigation concerns Canadian victims or offences prosecutable here. Canada’s treason provisions also apply to Canadian citizens abroad. They cover specific acts, including assisting an enemy at war with Canada or armed forces fighting Canadian Forces, and using force or violence to overthrow a Canadian government. A treason charge would require evidence of conduct meeting those conditions. Criminal Code, section 46 If Canadian authorities obtained an arrest warrant, Musk could be arrested upon entering Canada. If he remained in the United States, Canada could seek extradition under the treaty and U.S. law. His US citizenship would not, by itself, prevent it. Canadian authorities should investigate his personal role and pursue charges if the evidence supports them. He should face the same scrutiny as anyone else.