Once again, conviction will make you inadmissible. Removal order is guaranteed and once you go down the route of appeals and all that you are just buying time but the path for your removal from Canada starts right with conviction and there's no return unless you get the record expunged after waiting for the mandatory wait period.
Get a BETTER attorney, trust me!
The use of the word “convicted” in section 36 of IRPA means a conviction that has not
been expunged.
Section 36(3)(b) of IRPA provides that inadmissibility on the grounds of serious
criminality or criminality may not be based on a conviction in respect of which there has been a
final determination of acquittal, for example, on appeal to a higher court.
If a person pleads guilty to, or is found guilty of, an offence in Canada and is granted a
conditional or absolute discharge, this will not constitute a conviction for the purposes of
IRPA.
Section 730(3) of the Criminal Code, which establishes the effect of conditional and
absolute discharges, provides that, in such cases as are specified, “the offender shall be deemed
not to have been convicted of the offence”, subject to certain exceptions.
Section 36(3)(b) of IRPA provides that inadmissibility on the grounds of serious
criminality or criminality may not be based on a conviction in respect of which a pardon has
been granted, and that pardon has not ceased to have effect or been revoked under the Criminal
Records Act.
Section 3 of the Criminal Records Act provides that a person who has been
convicted of an offence under an Act of Parliament or a regulation made under an Act of
Parliament can apply to the National Parole Board for a pardon of that offence.
