Bottom-line: First Stop the Court's Record.
BUT Just as Important: Understanding the Question and Giving the Honest Answer.
What is in the court's record is key information, the critical and most important information. It should include specific information as to what has been charged, what the disposition is (which disposition can be a final order, or it can be conditional, and if conditional potentially still subject to further proceedings pending the conditions being fulfilled), and depending on the disposition, other key information including terms of any conditional disposition, and sentencing terms in the event of a conviction. Conditional dispositions can often be difficult to unravel and understand, especially if they include informally monitored conditions.
I am not sure, but it also seems some of the anecdotal reporting indicates the courts can be somewhat sloppy in properly or completely documenting the final disposition in conditional discharge cases.
Meanwhile, unless charges are still pending and it is in a conversation with a lawyer, save any "
but I was actually innocent" or "
not so guilty" explanations for friends and family, or maybe prospective employers (but probably not), or before the mirror if need be (I have tended to be of the latter sort, sigh). What matters is what is in the records. Any "
yeah, that, BUT . . ." effort to qualify or characterize the actual disposition, as any more or less than what it actually is on its face, will NOT help, and it typically tends to send the wrong message (no matter how true it is).
This is very confusing if I have to answer yes or no . Here is my situation - I was charged under Assault, 266 CCC on 5th August 2018 in Canada. I was bailed out the same day morning (not in the eligibility period). The charges were unjustified and were the result of misunderstanding, as I had never assaulted anyone. I used my legal option to fight the allegations against me, and the case was ultimately withdrawn with S. 810 Peace Bond for 1 year on April 25, 2019 (during the eligibility period). My 5 years eligibility period started from December 24, 2018. Not sure if this is considered as probation or any other type of sentence.
As addressed in the previous post, it appears the charges were, in effect, dismissed. Dismissed (withdrawn) attendant the issuance of a peace bond that (I am guessing) you agreed to comply with.
NO probation. Which probably answers your question
EXCEPT this is totally dependent on what is actually in the court record. So, it is what is actually in the court record that matters here, and yeah I realize I am being repetitive.
Also note, for example, no need to mention that the "charges were unjustified and were the result of misunderstanding, as I had never assaulted anyone." That being not much more relevant*** than what colour the sky was that day. The record is what is, and it is what is documented in the record, including the actual disposition in particular, that tells the tale, all that matters for immigration and citizenship purposes that is.
***Relevant in the sense of what is relevant for purposes of immigration and citizenship processing
If probation is part of the disposition in a criminal case, there will be information in the court's record showing this. If there is no indication of probation, by name, the odds are high there was no probation. Moreover, generally, anyone who is subject to probation in a criminal proceeding will usually know, it will be clear enough to at least grasp that probation of some sort was imposed. (Even when it is a very informal and unmonitored probation, there should be enough said in the proceedings for the person involved to grasp they were subject to some kind of probation.)
Meanwhile, many (perhaps most) who get tangled up in criminal court proceedings do not get or have a copy of what is actually in the court record. That's usually OK. Many times a copy of the court record itself is not needed to adequately know and understand what happened, including the disposition; moreover, the records themselves can be cryptic or confusing, which may require a lawyer's explanation. Nonetheless, for many who go through this what they understood, based on their participation in the proceedings, is sufficient and reliable enough to enable them to make the decisions they need to make (like deciding how to answer questions about their criminal history). For those who are not so sure, they can review their paperwork, and if that does not suffice they can then go to the effort of examining what is in the court records, or talk to a lawyer (preferably a lawyer involved in the case).
But it is ultimately a matter of what is in the court's record, and otherwise answering the question honestly, based on one's best understanding of what the question is and what is the truthful answer to that question.
Then there is the matter of "
probation" imposed attendant a
conditional discharge . . . leading to . . .
I was charged with a criminal offense which I disputed and the charges were later withdrawn while I was still on trial and hence no conviction or criminal record. I was given a peace bond but it unfortunately carried probation conditions which I had no choice but to follow.
. . .
Physical Presence Calculator (cic.gc.ca) which says "Time on probation as a result of a conditional discharge may count towards physical presence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the physical presence calculator.
Obviously, there is clear contradiction.
There is no contradiction. Some nuance and complications, yes. Some built-in confusion, a bit. For now (please forgive the repetitiveness), what the FAQ answer (you referenced and which is linked above) states:
Time on probation as a result of a conditional discharge may count towards physical presence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the physical presence calculator.
One is compelled to hate the latent ambiguity in the "
i.e. . . . " Why IRCC does this is a bureaucratic mystery.
But most of this simply turns on it being
a probation that was successfully completed, which will be reflected in the court's record by
the final disposition dismissing/discharging the charges.
The latter does the deed. When the court enters a
final order dismissing/discharging the criminal offence, that means there was no offence, no sentence imposed for an offence. So no probation pursuant to the IRCC definition of probation, since that involves a "
sentence" served by an "
offender." No offence, no offender, no sentence, no probation . . . even if there was probation.
Caveats/Pitfalls: A big one (there may be others): period during which the final discharge is still pending. The entry of a conditional discharge order or judgment or disposition (whatever term is used) into the court record might NOT (at least not necessarily) constitute a final discharge of the alleged offence. As long as any condition is pending, the offence is technically still pending.
This can affect not only the status of any probation ordered attendant the conditions imposed, but can mean there is a prohibition, and if the underlying alleged offence is a hybrid offence, it must be disclosed in response to questions about prohibitions EVEN IF in the particular circumstances there is actually no prohibition. (For the prohibitions part of the application form there is box to enter an explanation of any [yes] responses.)
. . . and more . . .
