At the risk of sounding like a broken record, it warrants repeating and emphasizing that I am NO expert regarding these things. And, for example, look at the very first sentence in the post of mine you quote:
"I do not know the Canadian criminal justice process very well at all."
I was NOT being coy.
And I very well understand why you say "
Its a little bit confusing . . . " Yes, it is.
Moreover, this may very well be one of those situations in which I personally would NOT follow my own counsel, at least not in the past when I was younger and, like many in this forum still, when I had some difficulty approaching such things without seeing them through a
what-favours-me filter.
The night in jail throws things off some. Can you truthfully check "no" you were not an inmate in a jail when you were in fact held in custody?
My sense is that the odds are very good there is NO prohibition. As for whether there was a period of time pursuant to which you do not get credit for being present in Canada, due to being incarcerated, at the most that adds up to just two days, if any. And even that may be wiped off the slate given the final disposition.
But as you say, and it's true, how to answer the respective questions is a little bit confusing.
My older, more risk-averse, do the safe thing approach would be inclined to check "yes" to questions about being charged and incarcerated, and give a BRIEF specific explanation as to date of arrest, charge, and final disposition, that the charges were totally dismissed. But yes, this will increase the risk of at least some non-routine processing. Perhaps as minimal as a fingerprint request. Perhaps a request for copies of the formal court records showing the total discharge of the charges.
And thus I would go to the court and obtain certified copies of the court records to be prepared to submit those in case there is a request for them.
There is a significant likelihood that just the arrest itself will trigger such non-routine processing anyway, and being upfront about the situation should make a better impression.
While I do not know what really happens when charges are totally dismissed and fingerprint records destroyed, my sense is that there is still a record, just not a public record . . . so, for example, the GCMS screening might not show a hit, that being based on a name-record criminal data base which is broadly accessible, but the RCMP background clearance could still show a hit. And then the question is whether either the RCMP or IRCC will want more information before determining you are clear of any potential prohibition.
BUT I DO NOT REALLY KNOW WHAT THE BETTER APPROACH IS HERE.
Ultimately, based on what you report (and that, in particular, the charges have been totally dismissed, and thus are as if you were never charged or at least found to be innocent), there should be NO prohibition, and at the very, very worst a deduction of two days from your presence calculation (if any). So it may cause some non-routine processing along the way, and thus take longer than it does for many others, but not affect the final outcome.
