Bill C-7 1999Amendment to Criminal Records Act. Looking for improving safety of children and other vulnerable people.A marker is placed on police record system when a sexual offender is pardoned and his record sealed. Then this sexual offence that has been pardoned will not go unnoticed. http://www.parl.gc.ca/Content/Sen/Chamber/362/Debates/006db_1999-11-04-e.htm (Debate in the Senate)

Types of record checks

• A criminal record file consists of an individual's criminal charges, convictions and discharges, as well as fingerprint information. It includes fingerprints if the individual was charged or convicted.

• Criminal Record check: This process verifies whether an individual has a criminal record and provides the applicant with the detailed information that can be legally disclosed.

• Vulnerable Sector (S) check: This process verifies whether an individual has a criminal record, as well as any record suspensions (formerly pardons) for sexual offences and local police records for information relevant to the VS check. The information that can be legally disclosed is provided to the applicant.

• Individuals applying for employment or volunteer work in positions of trust or authority over children, seniors, or other vulnerable persons may have to undergo a VS Check if requested by the organization responsible for hiring.

• This type of record check must be processed by the police service where you live. They will verify that the position is relative to the vulnerable sector. If it is not, the police service will refuse to process your request or offer a regular criminal record check. (Criminal Records Act, section 6.3(3) and 6.3(4))

How much does it cost?Kingston Police $25.00• Can be done in as little as 15 minutes if done in person Monday to Friday 8:30 to

4:30• Can apply online then pick up at station (usually takes 2 weeks)• Need two pieces of ID – one government issued• If you don’t have this ID – must go through RCMP fingerprints, may take more

than 120 days.• If you are “flagged”, you need to get fingerprints taken. • $35.00 to have them done• $25.00 for RCMP to run them (waived if for a volunteer position)

http://www.opp.ca/ecms/index.php?id=499

Free for a volunteer!!!Need letter from school• School logo• Position volunteer will have• How position deals with vulnerable person (eg. working in

kitchen of retirement home not direct contact)• Must be “in direct care and control”

• If flagged by birthdate need to go to fingerprints and RCMP check

What MAY appear on CBC?

• Suspect information• Charges where no convictions were registered• Charges which resulted in no convictions• Charges which are pending before the courts•May also include information respecting involvement with

person’s suffering from Mental Health Issues

https://kpf.ca/photos/custom/Police%20Records-Information%20Request%20form.pdf Kingston Police request form

What do the police say?According to Police:• Police know a “clean” record is not a guarantee of safety• May not be up to date• Not every crime gets attention of police• May not release information if compromise surveillance or ongoing

police investigation

Organizations However• View individuals who have no record as “safe” and trustworthy• Created false sense of security

http://www.oacp.on.ca/Userfiles/Files/NewAndEvents/PublicResourceDocuments/GUIDELINES%20FOR%20POLICE%20RECORD%20CHECKS%20%20_%20June%202014_FINAL.pdf Ontario Association of Chiefs of Police

Categories and Criteria for Purging Adult Criminal Record Information from CPIC

CATEGORY PURGE CONDITIONS

Criminal Code Offences with a Disposition 80 years old AND no criminal activity in 10 years unless sentenced to life, classified dangerous offender, still under a court ordered sentence

Criminal Code Offences with no Disposition (Stays, Withdrawn Charges and Acquittals)

The person makes a request to the charging police service to have record purged.

Alternative Measures Programs (Diversion Programs) Not entered into CPIC system

Discharges (Absolute and Conditional) Absolute Discharges after 1 year, Conditional Discharges purged after 3 years

Pardons Pardoned records are purged from the part of CPIC that is accessible by police and moved to a part that is accessible by certain people only

http://www.johnhoward.ab.ca/pub/A5.htm#Q6

College programs: SLC Nursing, Health Information Management, Community and Justice Services…

Criminal Background CheckApplicants are advised that a Criminal Background Checks (CBC) conducted by the Canadian Police Information Centre (CPIC) is required for programs with field or clinical placements. Certain criminal convictions may prevent participation in placements and program completion may not be possible. Attaining and paying for a CBC and Vulnerable Sector Screening is the responsibility of the student, and these may have to be renewed every three, six, or twelve months dependent on the placement requirements. Applicants with criminal records are advised to contact the Associate Dean/Campus Dean of the respective school prior to applying.https://www.stlawrencecollege.ca/programs-and-courses/full-time/programs/a_m/community-and-justice-services/kingston/

ALCDSB Policy Statement

Guiding PrinciplesThe Algonquin and Lakeshore Catholic District School Board will not hire into its employ or continue to employ persons who will have direct and regular contact with students who have police records and/or patterns of behavior which place students or staff at risk.

The Algonquin and Lakeshore Catholic District School Board will not allow school access to Service Providers or Others who have direct and regular contact with students who; have not provided a Police Vulnerable Sector Check; or, who have provided a Police Vulnerable Sector Check that has been adjudicated and found to present an unacceptable risk to students and/or staff.

The Algonquin and Lakeshore Catholic District School Board will develop a process to verify, to the best of its ability, that all employees, service providers, and other adults do not pose a threat to students, other employees, or Board property and equipment.Revised Feb 4, 2015

ALCDSB Admin Procedures

Purpose To maintain a safe learning environment for students of the Algonquin and Lakeshore Catholic District School Board, in compliance with Ontario Regulation 521/01, as amended by Regulation 323/03

2.4.2 School volunteers having direct contact with students on a regular basis will be required to provide an original Vulnerable Sector Police Records Check current within three years.

Adjudication – if evidence on recordAt least two Supervisory Officers and Manager of Human Resources will consider:• Nature of offence(s)• Number of convictions and time frame• Repeat Offences• Length of time since offence(s)• Did the offence(s) involve children and/or sexual activity and/or

violence and/or acts of dishonesty• Attitude, treatment, likelihood of repetition, references, medical

reports…

See full list on Admin Procedures CBC 2015 (Draft)

Case study Gord:

• Completed an art degree at a college, then signed up as a Nursing Student• Needed a vulnerable sector check for nursing practicum• Refused – came bac with charged (but witdrawn) possession of

obscene materials for the purpose of selling

http://ccla.org/recordchecks/humancost/

Case study John and Jane:

Daughter straight A studentEach year in nursing program needed to get a vulnerable sector checkIn 2012 between years 3 and 4 suddenly listed two police contacts of “violent and aggressive nature” from 2009

http://ccla.org/recordchecks/humancost/

DiscussionWhat offences would you accept if you were on the adjudication committee?

Case study Gord:• Completed an art degree at a college, then signed up as a

Nursing Student• Needed a vulnerable sector check for nursing practicum• Refused – came bac with charged (but witdrawn) possession

of obscene materials for the purpose of selling

Listen to part of his story…

http://ccla.org/recordchecks/humancost/

Case study Gord:• Worked at a comic book store called Dragonlady on Queen Street in Toronto. Police came in and

asked to see the “Melody” comic books. Turns out these are sexually explicit autobiographical comics by former nude dancer from Quebec, Gord indicated paid for by Quebec government.

• Police came into comic book store, searched store – placement of comics • Made 168 charges (each individual comic) down to 33 charges all who worked there and owner

charged, but then withdrawn by judge. Any comics with violence or obscene material.• 21 years later, still on record• Apply to get rid of record after 4 years and police decide if get rid of it.• Spoke to administration and Dean of Nursing at college• Presumption of guilt• Had to withdraw because he can’t do clinical placements (can’t get vulnerable sector check

cleared in time).• Police agreed to destroy record, but can still pop up in CPIC check depending who does it, need

to petition for suppression so it doesn’t show up• Needed Lawyer to get tuition fees back (cost ¾ of tuition to do it)

http://ccla.org/recordchecks/humancost/

Case study John and Jane:In 2012 between years 3 and 4 suddenly listed two police contacts of “violent and aggressive nature” from 2009• In 2009 daughter drank too much at party, didn’t want to get ride with

driver as driver was intoxicated, so walked home.• Police stopped and said shouldn’t be walking alone and put her in cruiser• Felt sick and said “I wish I was dead” – off to hospital. Psychiatrist said

not suicidal, or risk to others and sent home.• Two weeks later, upset with boyfriend said “if you don’t come over I’ll kill

myself”. Boyfriend called police – again psychiatrist said take her home and let her sleep it off. Police assured no charges and won’t show up.• Under Mental Health act – shows up now

http://ccla.org/recordchecks/humancost/

On my Wiki http://pqpdelisle.wikispaces.com/

• This PowerPoint•OPP CPIC/Vulnerable Sector application•Kingston Police CPIC/Vulnerable Sector application•ALCDSB Policy Statement (Feb 2015)•ALCDSB Admin Procedures CBC (Draft 2015)