The BCCLA is renewing calls for the BC government to bring in appropriate legislation on the release of non-conviction information in police records checks. Unlike criminal records checks, police information checks can include miscellaneous opinions, suspicions and highly sensitive personal health information. Concerns have been raised by individuals and groups across Canada about the disclosure of this private information by police forces. After a highly-critical report by the BC Privacy Commissioner following on years of advocacy on the issue by the BCCLA and other concerned citizens and groups, the BC Attorney General sent a letter to the BCCLA defending the practice and demonstrating no commitment to bringing in legislation to end it.
“The Privacy Commissioner’s report shows conclusively the terrible prejudice and harms suffered by individuals because the police are doing this end-run around criminal records laws by creating their own programme in which they disclose information of their own choosing,” said Micheal Vonn, Policy Director of the BCCLA. “People have been devastated by this programme and there is no evidence that there is any benefit at all. The Commissioner called for submissions and no one even attempted to demonstrate that there was a public safety benefit to the programme. There is simply no connection between maligning individuals, impairing their life chances and their dignity and improving public safety.”
The BCCLA dismissed the suggestion of the Attorney General that problems with police information checks can be addressed through continued consultation with police organizations on voluntary guidelines.
Vonn added: “You don’t protect people’s rights with voluntary guidelines. Even the Ontario Association of Chiefs of Police is calling for legislation on this issue, saying that is the only way to ensure the police follow the rules. BC has got to come to grips with the real harms of these misguided and unaccountable disclosures by police. We urgently need solid legislation and real recourse for harmed individuals. We don’t need expressions of concern; we need action.”
