In order to apply for an get certain jobs an individual has to give consent to a criminal records check. Today's decision in Tadros v. Peel (Police Service), 2009 ONCA 442 makes clear that such checks can properly disclose criminal charges that did not result in convictions. The Court writes:
[40] Mr. Tadros authorized the Toronto Police Service to undertake Criminal Records and Vulnerable Persons Searches. The Peel Police Service disclosed the existence of the eight withdrawn charges against Mr. Tadros to the Toronto Police Service based on the consent forms signed by Mr. Tadros for the purpose of the Vulnerable Persons Searches that he authorized. Pursuant to s. 32(b) of MFIPPA, a chief of police may disclose personal information with the specific consent of the affected person. The information regarding withdrawn charges against Mr. Tadros was personal information under MFIPPA. There is no basis for an injunction to restrain disclosure where the proper consent is given. In our view, the proper consent was given by Mr. Tadros. There is no conflict between s. 32(b) of MFIPPA and the PSA or the Regulation that would operate to eliminate the consent exception to the presumption in MFIPPA against the disclosure of personal information.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
3 comments:
Nice information on criminal record check
Thank you for your valuable insight. Really concerns me, this stuff. Thanks for the post.
Thank you for your valuable insight. Really concerns me, this stuff. Thanks for the post.
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