Yes, individuals can take proactive steps to avoid being convicted of a crime that could render them inadmissible to Canada. One effective approach is to obtain a legal opinion letter addressed to the judicial authority handling the case.

This letter, drafted by a Canadian immigration lawyer, outlines the relevant sections of Canadian law and explains the consequences a guilty verdict would have on the individual’s ability to enter Canada.

Scenarios

The impact of a conviction can be significant. For instance, individuals whose jobs require frequent travel to Canada could face serious career implications if deemed inadmissible. Additionally, those with family in Canada may find themselves unable to visit loved ones due to inadmissibility.

In a legal opinion letter, a lawyer can not only appeal to the judge’s compassion by detailing the adverse effects of a conviction but also suggest alternative infractions that wouldn’t lead to criminal inadmissibility. While this may not always be feasible for more serious charges, lesser offenses, such as impaired or reckless driving, might be negotiated down to a non-criminal traffic violation, thereby avoiding inadmissibility.

For example, charges can sometimes be reduced to traffic violations or even dropped entirely. The legal opinion letter can present these options and highlight any mitigating factors that could justify a lesser sentence.

Judges may give significant weight to such letters, potentially influencing their decision on sentencing. As a result, individuals who anticipate the consequences of a conviction and secure a legal opinion letter from an experienced Canadian immigration lawyer may find themselves convicted of a lesser offense, thus avoiding criminal inadmissibility.