There are three different levels of criminal background checks authorized by law in Ontario: a criminal record check, a criminal record and judicial matters check and a vulnerable sector check.
CRIMINAL RECORD CHECK
What is it
A criminal record check is a search of the national police database. The police will then provide a clearance letter that certifies if you have or not been convicted of an offence. The application for a criminal background check is generally made for purposes of employment, immigration or specific governmental licences.
Who can request it and do you need to provide consent
A criminal record check is generally required by employers for positions such as a bank teller or a security guard, however, the law demands the consent of the person whose criminal background is being investigated. If your employer or volunteer program is asking for a background check, you must consent to it before the police or a private company can conduct the check.
In fact, you must first provide a written consent before the police conduct any of the checks described in this article. The consent is specific, the background check provider can only do the level of search to which you gave consent. For example, if you give consent only for a criminal record check, your employer cannot ask the police to provide a report for a vulnerable sector check (discussed below). The check will only be for the criminal record.
What you may find
A criminal record check only returns information on your criminal convictions. The conviction can be for a summary offence (a less serious offence that is, generally, punishable by a maximum of 6 months in jail) or an indictable offence (a more serious offence where the maximum penalty can be life in prison). A Summary conviction can only be disclosed for five years, even if it is not sealed by a record suspension (a pardon). A criminal record check can also provide information with respect to youth conviction, if authorized by the Youth Criminal Justice Act. A peace bond does not appear on a criminal record check.
CRIMINAL RECORD AND JUDICIAL MATTERS CHECK
What it is
A criminal record and judicial matters check is a more detailed screening that may be requested for immigration purposes, for example.
What you may find
A criminal record and judicial matters check include everything that is disclosed in a criminal record check (see above). However, it also includes additional details about your involvement with law enforcement and the criminal justice system.
It will include all absolute discharge sentences you have received within the past year, along with all conditional discharge sentences received within the past three years. This level of screening will also include outstanding criminal charges, arrest warrants, probation and prohibition orders (often ordered after a firearm conviction). A peace bond will be disclosed if it is still in effect.
A criminal record and judicial matters check will not include restraining orders (family law) or convictions for which you received a record suspension (a pardon). It will also not include court orders for psychiatric evaluation or assessment of mental condition.
VULNERABLE SECTION CHECK
What it is and who may request it
A vulnerable sector check (also vulnerable sector screening) is a very thorough search that will reveal a wider range of information about the criminal background of an individual. It is generally required for jobs with children, the elderly, the disabled and other designated vulnerable persons. Who is designated a “vulnerable person” is a question of law. Any person, that, because of their age, disability or other circumstances (temporary or permanent), is in a position of dependency on others or is at a greater risk (than the general population) of harm by a person in a position of trust or authority towards them; is considered a vulnerable person.
Each position for which a vulnerable sector check is requested must meet certain legal requirements for the police to do the check. The organization asking for it must provide the police with details about the vulnerable person/group it is trying to protect, and it must also indicate whether it is a paid position or not. With this information, the police or the background check provider will assess, based on legal requirements, whether the position qualifies for a vulnerable sector screening. The screening can be used only for the position being applied for.
What you may find
A vulnerable sector screening includes everything that is revealed by two previous search levels. This means that everything found in the criminal record check and the criminal record and judicial matters check is included in your VSS.
Conviction for certain offences may appear even after you received a record suspension (a pardon) for them. A peace bond will also be included even after it has expired. The screening can include a finding of Non-Criminally Responsible for Reason of Mental Illness. However, this is included only if the finding was made less than 5 years ago. It will not be disclosed if you received an absolute discharge for it.
Non conviction information will also appear on the screening. Non conviction information is all information retained by police that includes records of informal police contacts (either as a witness, suspect or victim), allegations, charges that were withdrawn, dismissed or stayed, mental health checks, etc. The disclosure of such is done only after a strict legal test is met. If all the elements of the test are established, the police will disclose the information, however, the disclosure must be clearly identified as “non conviction information” and the legal definition of the term must also be provided.
Criminal background checks will not disclose findings of guilt under provincial acts such as the Highway Traffic Act, etc.
CORRECTION OR RECONSIDERATION
If you believe the information on your record is inaccurate or should not be disclosed, you are able to apply to the police to correct or reconsider the information. Reconsideration is for non conviction information that you do not want disclosed. Within 45 days after receiving the police records, you can make an application to a Reconsideration Panel to prevent the release of such information. You should include in your application all the reasons the information should not be released. This could be: how much time has passed since the offence/incident happened, the need for you to be gainfully employed, the negative impact of releasing such information, the non-violent nature of the offence, your age at the time of the offence/incident, etc. The police will have 30 days, after receiving your request, to provide you with a decision in writing. If you are not successful with your request for reconsideration, you may want to consider retaining Camara Law Firm to launch a judicial review of the final decision.
