Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"

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, section 13 makes it illegal for employers to discriminate based on having been 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.  Vulnerable persons are individuals who, because of their age, 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.

If an individual disagrees with a decision of the police officer, such as to not provide a police information check or with the information provided on the police information checks, the individual can appeal the decision internally within the police department. The individual can submit a request to the head of the records check department within the police department where they made the initial information check request for a review of the decision. If the individual still disagrees with the appealed decision, then the next avenue of appeal, if one is available, remains unclear. It is possible that an applicant may file for Judicial Review of the police department’s decision (see III.C.1 on Judicial Review). The Privacy Commissioner’s Office may possibly have jurisdiction over these matters, although their current position is that a police information check is different than a request for release of information, and is not covered by their legislation.