Mental health, carding records no longer disclosed in police record checks
|CTVnews 01 Dec 2015 at 09:32|
TORONTO - Mental health records and records from police checks -- known as carding -- can no longer be disclosed in police record checks in Ontario.
The province s legislature unanimously passed the Police Record Checks Reform Act today, which brings in standards for what information can be released.
The Liberal government introduced the act after stories emerged of people being stopped at the U.S. border after records of suicide attempts were disclosed and people being prevented from volunteering because they witnessed a crime.
Under the act, non-conviction records such as withdrawn or dismissed charges, acquittals and findings of not criminally responsible by reason of mental disorder could only be disclosed through some vulnerable sector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.
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 before deciding whether to release those records in a vulnerable sector check.
In a standard criminal record check, only criminal convictions and findings of guilt under the Youth Criminal Justice Act can be disclosed.