Could the PM be charged the the crime of treason

Question

Under British law the first order of business for a PM is, to secure the borders and keep the people safe, mass unhindered immigration and open borders would seem to uphold a case for the PM to be summarily charged with Treason, is this not so.

Answer 1

Under British law the first order of business for a PM is, to secure the borders and keep the people safe, mass unhindered immigration and open borders would seem to uphold a case for the PM to be summarily charged with Treason, is this not so.

A policy decision to change the immigration laws of the U.K. does not constitute treason by any remotely plausible interpretation of the law.

This is a crazy idea and no foundation whatsoever in the law. For much of English history, the country didn't even have immigration laws.

In the U.K.:

High treason today consists of:

Treason Act 1351 (as amended – last amended by the Succession to the Crown Act 2013):

• compassing the death of the sovereign, or of the king's wife (but not a ruling queen's husband), or the sovereign's eldest child and heir
• violating the king's wife, or the sovereign's eldest unmarried daughter, or the sovereign's eldest son's wife (only if the eldest son is also heir to the throne)
• levying war against the sovereign in the realm
• adhering to the sovereign's enemies, giving them aid and comfort, in the realm or elsewhere
• killing the King's Chancellor, Treasurer (an office long in commission) or Justices

Treason Act 1702 and Treason Act (Ireland) 1703:

• attempting to hinder the succession to the throne under the Bill of Rights 1689 and the Act of Settlement 1701

Treason Act 1708:

• killing the Lords of Session or Lords of Justiciary in Scotland (in Scots law only)
• counterfeiting the Great Seal of Scotland

There are also institutional issues with charging a Prime Minister with a crime while the Prime Minister is in office. This isn't absolutely impossible, but a special process is involved.

Answer 2

canada

You say:

law the first order of business for a PM is to secure the borders and keep the people safe

I am doubtful this is a correct statement of law under British law, but it is not correct in Canadian law. The responsibilities of the Prime Minister flow from constitutional convention, and none of these make any particular goal "the first order of business" above others.

And, the criminal offence of treason, defined at section 46 of the Criminal Code is not met by the circumstances you've described:

46 (1) Every one commits high treason who, in Canada,

• (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

• (b) levies war against Canada or does any act preparatory thereto; or

• (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

(2) Every one commits treason who, in Canada,

• (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

• (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

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