Canada Needs Consistency – The Issues with Criminal Background Checks

 The increasing use of police background checks, also known as criminal record checks or criminal reference checks, to screen applicants for suitability for employment, volunteer efforts, promotion, education, and other opportunities has been raising privacy and human rights eyebrows across Canada and is now starting to reach news media and courts.

Definitely, police background checks do constitute an important safeguard for public safety and security. The goal is to protect vulnerable people from harm or employers from theft. In fact, a company, agency, or school that fails to do so runs the risk of being negligent.

However, the focus must be on “relevancy”. There is a danger of providing too much, or misleading information. In particular, providing information that is unnecessary for determining suitability or that is incorrect may violate the privacy of an applicant and lead to unfair rejection. Significant harm can arise when irrelevant, inaccurate, or incomplete information is provided from a police background report.

Police databases may contain information about any contact with the police, whether a person is a complainant, victim, potential witness, suspect, “person of interest,” or one charged with a crime – even if charges were subsequently dropped or an acquittal followed.

The manner in which police background checks are conducted creates a risk of violation of applicants’ privacy and human rights. Section 32 of the Municipal Freedom of Information and Protection of Privacy Act permits police to disclose personal information only if the person concerned has identified that information in particular and consented to its disclosure.

Police departments recognize the problem inherent in the manner in which background checks are carried out. The Ontario Association of Chiefs of Police produced guidelines in 1999 for Ontario police departments, although they have never been released to the public and have not resulted in consistent practices among police forces. Other jurisdictions as well have introduced legislation to regulate what may be disclosed, how the accuracy and relevance of information can be verified, and what uses recipient organizations may make of the information.

However, it seems apparent that the various approaches taken by jurisdictions dealing with police background checks need more consistency. As well, current privacy and human rights laws alone are not sufficient to ensure a proper balance between public safety and personal privacy.

Background checks can be done quickly and cost-effectively. It is in the best interest of all Canadians looking for employment, volunteer opportunities to get a background check before their employer. Therefore, the person can look into other options available to them, such as a pardon or record deletion.

For additional information on pardons, criminal legislation in Canada, employment and travel, check out these resources.

·         Pardon Services Canada Blog

·         Career Blog

·         Canada Criminal Record

Sun of a Beach...Criminal Record Limits Travel

Canadians love to travel. This fact is reflected in the number of Canadians currently holding valid Canadian passports increasing to 60 percent from only 36 percent in 2005. Although the recession in 2008 kept many from travelling the way they would have liked, some choosing to pursue the “staycation” while the economy was sluggish, the number of people traveling has since rebounded.

During the 2010/2011 winter travel season, 10 percent more Canadians travelled to the US than the previous year, with Hawaii proving to be the one of the most attractive places. The US is a top destination for Canadians. In fact, several US locations are currently on the list of the top 25 beaches in the world for 2011. Unfortunately for some would be travelers, a Canadian criminal record limits your ability to travel to the US.

Travelling abroad has also seen a resurgence. In the winter, Canadians love the sun, choosing R & R on beaches and cruises. And during the other seasons, destinations like Mexico, Cuba, Britain, and China are increasingly popular. To take advantage of lower flight costs, a significant number of Canadian travelers are now going to the US for flights to US destinations and around the world.

Quite apparent is the position that the US holds in all these ventures. A predominance of travel is either to or through the US. What a shame it is that so many Canadians cannot even consider pursuing their dream vacations because they have a criminal record. Only through getting a pardon to remove that criminal record and receiving a waiver to gain entry into the US will that dream become a reality.

The New Canadian Pardon: More Expensive & Harder to Get. Really?

The Canadian Government has proposed that the cost of applying for a pardon be raised to $631, after only recently raising it from $50 to $150. Some people feel that those who commit crimes should have to pay for their own rehabilitation, whereas others feel that if getting a Canadian pardon proves too difficult or expensive, many will never be rehabilitated.
Quite interesting is the fact that, for pardoning criminal records, the price is under debate at the same time as the general requirements: Is the pardons process strict enough, or should it be made more difficult?

This raises two important questions for discussion:

Raise the price? The Government claims it would offset the cost to the taxpayer – a claim that defies logic to some degree. Consider that taxpayers’ money is used to administer the justice system. Raising the cost of a pardon – and quite significantly - would prove obtaining a pardon prohibitive for many, most likely because their criminal records are currently preventing them from  becoming gainfully employed. Not being gainfully employed results in the individual NOT being able to contribute to the public purse, and in some cases actually taking more away from it by relying on some form of public assistance. These people want to work. They are willing to pay taxes. Why stop them?

Make the process more difficult? One might well wonder what end this would serve. Take economics out of the equation. People who are legally entitled to receive a criminal pardon and are well rehabilitated or certainly have learned their lesson should not be further tripped up with another stumbling block. These are people who are working hard and are contributing members of society. The Canadian pardon process is already fair and effective, although it requires accuracy and thoroughness both on the part of the Parole Board of Canada and the applicant. Many people seek the assistance of Client Specialists to assure accuracy & thoroughness to better guarantee success with their application. But why make the process more complicated? A person who is working hard at life and contributing to society is not planning crimes. Do they really need more paperwork in Ottawa?

Because the spectrum of crime in Canada is so great, the likelihood of the average person knowing and/or associating with someone who has a criminal record is actually very high. Many everyday people have a minor conviction along with a criminal record. Most of these convictions are usually the result of a lapse of better judgment rather than an outright strategic criminal endeavor.

To make pardons more expensive or more difficult to obtain would be harsh and counterproductive to the average person.

Ultimately it will take more money away from the Government through lost future employment taxes than is collected from a one-time increased application fee. Rather than serving as a significant deterrent to the intended criminal, it hinders the productive rehabilitated individuals and looks more like an immediate, non-logical cash grab by the Government.

The Pardon Services Canada Guide To Choosing Your Pardon Specialist.

If you have a criminal record, you already know that it can prohibit you from doing certain things. Areas that are typically affected include work, travel, volunteering, education and even adoption! That is, until enough time passes so that you qualify to apply for a pardon.

The Canadian pardon process also known as a record suspension in Canada can be a very intimidating and a confusing experience for the average person. Questions like; ‘Where do I find information on the pardon process?’, ‘Do I qualify for a pardon?’, and ‘How does it take to get a pardon in Canada?’ all come to mind.

Unless you are a lawyer, most likely you will need some type of help preparing your application for the Parole Board of Canada in Ottawa. If you choose to take this on yourself – good luck! But please remember a few things.

•  Different people require different pardon documents.
•  Fingerprints are basic a requirement for every application – but there are two kinds!
•  You need to complete the right document package – different documents need to be provided in full, and can vary from person to person.
•  Every application is different. What is good for one pardon application may not be enough for another.
•  A pardon application needs to be properly prepared and fully completed.

You can try to do it all yourself, but why would you chance having your pardon application returned because you forgot complete one very small but critical detail? Success or failure depends solely on how well your pardon application is prepared. If your application is returned, you must wait one full year to apply again.

While the prospect of asking for help does not appeal to everyone, there comes a time when you need to stack the deck in your own favor. It’s better to team up with a pardon specialist and give yourself the inside advantage.

So if you agree that you may need the help of a specialist, make sure that you team up with someone who has a successful track record, someone who can really guarantee that they can help you.

Ask these questions:

•  How many years have you been obtaining pardons for your clients?
•  What is your success rate?
•  Will I be able to track the progress of my pardon application? Where and how?
•  Do you have customer service agents available to answer my criminal record and pardon questions over the phone?
•  Where is your office located?
•  Do you have client testimonials or references?
•  Will you keep me up-to-date on my pardon application as it progresses?
•  How is my personal and private information handled?
•  How can you guarantee my privacy?
•  Why should I go with your company?

When it comes to clearing criminal records, Pardon Services Canada has been helping Canadians with confidential, fast and affordable service for over 20 years.

You can find out more information regarding your rights, and learn about easy steps to total freedom by visiting http://www.pardonservicescanada.com/. Pardon Services Canada can help you clear your good name.

A Straight Life Is The Best Life - Leading By Example

“Success”: favorable termination of attempts; attainment; triumph; fruition – the concept, regardless of how it is defined, always produces a positive, anticipating, elating feeling.
No matter how minor or serious the circumstance might be that a troubled person is contending with, to feel a measure of success when having overcome the consequences is uplifting to say the least.

Here is a brief story of a woman who, after overcoming a controlling drug addiction, has become successful and content and has gained a renewed sense of well being after receiving her Canadian pardon.

As a young woman she was introduced to drugs, which led to a life of destruction, as is so obvious. She worked hard to totally dissociate herself from all involvement with crime or past associates. She is very remorseful when looking back and realizing all those wasted years. She has not indulged in drugs or alcohol for nearly twenty years. Her goals now are to continue teach her family by example - that a straight life is the best life. And to continue to grow - by helping her community thus achieving self-fulfillment.

She has done a complete turnaround with the love and support of her family who have helped her overcome her past. She has lived a quiet life, caring for her grandson while her daughter worked and her elderly mother. She also taught illiterate adults to read and write, a most valuable experience as she was helping not only herself, but others as well.

A pardon from Pardon Services Canada has given her the freedom to travel with her family to the U.S. on holidays. She no longer lives with the fear of someone in the community finding out about her past, which she so regrets. She also has been given the opportunity to do volunteer work that her criminal record had previously prevented.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help applying for and obtaining your Canadian criminal pardon. You too can gain the peace of mind and a second shot at living a life free of a criminal record.

Everyone makes mistakes. Don’t let your past limit your future.