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admin | Category: Business Phone Numbers | 21.07.2015
Ontario's privacy commissioner Brian Beamish has slammed the practice of police sharing information such as suicide attempts. Police in Ontario won't be able to disclose mental health information and will only release non-conviction records in limited circumstances to potential employers and others in background checks under legislation introduced Wednesday. There are currently no province-wide standards on what type of information can be disclosed, but the Liberal government intends to create those standards with the Police Record Checks Reform Act. Under the act, non-conviction records such as withdrawn or dismissed charges, acquittals and findings of not criminally responsible by reason of mental disorder could only be disclosed through some vulnerable sector checks for people working or volunteering with children and seniors.
Before releasing information in a vulnerable record check, police will have to consider factors such as how long ago an incident took place, if the record relates to predatory behaviour around a vulnerable person, and whether the records show a pattern of such behaviour. In a standard criminal record check, only criminal convictions and findings of guilt under the Youth Criminal Justice Act can be disclosed.


Police interactions known as carding and mental health interactions such as suicide attempts could not be disclosed under this legislation. The Canadian Civil Liberties Association, mental health advocates, the Ontario Association of Chiefs of Police and the John Howard Society were all on hand to applaud the legislation, which many of them have been urging for for years.
Under the legislation, records will only be released to a third party after a person's consent. Ontario's privacy commissioner has slammed the practice of police sharing information such as suicide attempts with border services, which has led to Canadians being turned away at the border, but this legislation does not cover sharing of information across law enforcement agencies.
Community Safety Minister Yasir Naqvi unveils the plan for the Police Record Checks Reform Act at a press conference in Toronto on Wednesday, June 3, 2015. TORONTO -- Police in Ontario won't be able to disclose mental health information and will only release non-conviction records in limited circumstances to potential employers and others in background checks under legislation introduced Wednesday.


Civil liberties and mental health advocates have long complained that the release of non-conviction records, such as acquittals, is inappropriate and creates barriers for people's education, employment, volunteering and other opportunities. There are currently no provincewide standards on what type of information can be disclosed, but the Liberal government intends to create those standards with the Police Record Checks Reform Act. The Canadian Civil Liberties Association, mental health advocates, the Ontario Association of Chiefs of Police and the John Howard Society were all on hand to applaud the legislation, which many of them have been urging for for years. A criminal record and judicial matters check could disclose conditional discharges for up to three years, absolute discharges for up to one year, outstanding warrants and certain court orders such as family court restraining orders.




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