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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
Revision as of 23:37, 29 August 2022
, 23:37, 29 August 2022→2. What information can a third party find out about?
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=== 2. What information can a third party find out about? === | === 2. What information can a third party find out about? === | ||
It is very important that people read and understand what they are signing when signing a consent to having their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. However, “criminal records” can encompass suspended sentences, fines imposed after criminal convictions and any form of incarceration. In this case, all other information does not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that 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 that person. | It is very important that people read and understand what they are signing when signing a consent to having their criminal record disclosed (i.e., expanded criminal record check). Often employers will simply ask; “Do you have a criminal record?”. However, “criminal records” can encompass suspended sentences, fines imposed after criminal convictions and any form of incarceration. In this case, all other information does not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 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 that person. | ||
There are two types of criminal record checks: standard and vulnerable sector. There are 4 levels of standard criminal record checks - level 1 to 4. Criminal record checks can only be done with the consent of the individual. Only police agencies are authorized to conduct a criminal record check, with the exception of the BC Ministry of Public Safety and Solicitor General. | There are two types of criminal record checks: standard and vulnerable sector. There are 4 levels of standard criminal record checks - level 1 to 4. Criminal record checks can only be done with the consent of the individual. Only police agencies are authorized to conduct a criminal record check, with the exception of the BC Ministry of Public Safety and Solicitor General. | ||
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# Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (also known as "Police Record Check"). | # Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (also known as "Police Record Check"). | ||
The vulnerable sector check includes a level 4 check plus any sexual offences and convictions which a records suspension was granted. A criminal record does not include convictions under provincial laws like under the ''Motor Vehicle Act'', RSBC 1996, c 318. | The vulnerable sector check includes a level 4 check plus any sexual offences and convictions which a records suspension was granted. A criminal record does not include convictions under provincial laws like under the ''Motor Vehicle Act'', RSBC 1996, c 318. | ||
=== 3. How will a criminal record affect my ability to travel? === | === 3. How will a criminal record affect my ability to travel? === | ||