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Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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Privacy or Access to Information for Public Complaints (5:IV) (view source)
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Actions under the ''Privacy Act'' must be brought in the Supreme Court. | Actions under the ''Privacy Act'' must be brought in the Supreme Court. | ||
== I. Police Information Checks (Criminal Record Checks) == | |||
Police information checks, also known as criminal record checks, consist of information which may be required by a potential employer or volunteer organization, in the later stage of their hiring process. Police information checks are conducted and provided by individual local police departments and the RCMP, who are supposed to play a neutral role in the hiring process. | |||
Employment or volunteer candidates who are asked by their potential employer or volunteer organization to provide a police information check should be aware that potential employers and volunteer organizations may only use relevant information to determine the suitability of a candidate. In particular, the BC Human Rights Code, RSBC 1996, c 210, s. 13 makes it illegal to discriminate based on being convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of a person. | |||
The British Columbia Provincial Policing Model Policy Guidelines operate to ensure that policies and practices align among police agencies in British Columbia so that citizens, employers and volunteer organizations receive consistent Criminal and Police Information Checks. The following is a summary of the Guidelines. | |||
If working with vulnerable persons, employment or volunteer candidates may be asked by their potential employer or volunteer organization to provide a vulnerable sector check. A vulnerable person is one who, because of their age, a disability or other circumstances, whether temporary or permanent are (a) in a position of dependence on others or (b) are otherwise at a greater risk than the general population of being harmed by a person in a position of authority or trust relative to them, as defined by the Criminal Records Act. | |||
Vulnerable sector checks consists of screening designed to protect vulnerable persons from dangerous offenders by uncovering the existence of a criminal record, adverse police contact, and/or pardoned (or record suspension) sexual offence conviction. This level of screening is restricted to applicants seeking employment and/or volunteering with vulnerable persons. | |||
The Guidelines stipulate that the board, chief constable, chief officer, or commissioner should ensure that: | |||
Job applicants who work with the vulnerable sector will, at the request of their employer, receive a check that: | |||
*includes a search of, at a minimum, Canadian Police Information Centre (CPIC), Police Information Portal (PIP), Justice Information (JUSTIN), and Police Records Information Management Environment (PRIME) records | |||
*discloses to the applicant all warrants, outstanding charges, convictions and adverse contact | |||
*does not include the disclosure of apprehensions under s. 28 of the Mental Health Act | |||
*does include adverse contact involving the threat or actual use of violence directed at other individuals, regardless of, but without disclosing, mental health status | |||
*does not include youth offences unless provided for under the Youth Criminal Justice Act | |||
*does include information on a sexual offence conviction where a pardon or record suspension has been granted | |||
Those who are not working with vulnerable persons may be asked instead to provide a non-vulnerable sector check. The Guidelines stipulate that applicants who are not working with the vulnerable sector will, at the request of their employer, receive a check that: | |||
*includes a search of, at a minimum, CPIC, PIP, JUSTIN, and PRIME records | |||
*discloses to the applicant all warrants, outstanding charges, and convictions | |||
*does not disclose adverse contact | |||
*does not include the disclosure of apprehensions under s. 28 of the ''Mental Health Act'' | |||
*does not include youth offences unless provided for under the ''Youth Criminal Justice Act'' | |||
In cases where non-disclosable information indicates a significant threat to public safety, police agencies may either refuse to complete the check or take action under their duty to warn responsibilities noted below. | |||
Nothing in the Guidelines prevents a police agency from disclosing information under either a statutory or common law duty to provide warnings where the health, safety or wellbeing of an individual or individuals is at risk of significant harm. | |||
Further information regarding the Guidelines, including a full list of information which should or should not be included in a Police Information Check, may be found at: | |||
http://www2.gov.bc.ca/gov/content/justice/criminal-justice/policing-in-bc/publications-statistics-legislation/publications/police-information-checks-guidelines-for-police | |||
Because police information checks are provided by individual police departments or the RCMP, one should consult the website of the particular police department or that of the RCMP to discover specific information, such as that pertaining to fees, accepted forms of identification, and further information on what will or will not be included in the police information check. | |||
The following is a link to information on police information checks conducted by the Vancouver Police Department: | |||
http://vancouver.ca/police/organization/records-checks-fingerprinting/index.html | |||
Please consult page 36 of Chapter 1: Criminal Law, located in the Law Students’ Legal Advice Program’s manual for information explaining the importance of consenting to disclosure, what information third parties may find out, the impact of having a criminal record, elimination of records, and record suspensions: | |||
http://www.lslap.bc.ca/lslap-manual-online.html | |||
