One of the major disasters of Toronto Police Chief Bill Blair’s tenure is the discrimination and absurdity surrounding the release of private information about citizens of Toronto who have had some level of contact with the Toronto Police Service in one way or another.
The Toronto Police received nearly 110,000 requests for background checks last year and according to the Toronto Star, there has been a 92 percent increase for these police requests in the last five years alone. This mad rush for background checks is becoming a circus with no clear leadership from anyone – but all this absurdity comes back to the Toronto Police who still refuse to do anything about the problem.
The mad rush for background checks, according to the Toronto Star, began around 2001 when the provincial government decreed all teachers and other school employees undergo police checks. But this soon opened the floodgates and all sorts of employers in the private sector, volunteer agencies, sport teams, recreation clubs, and retirement homes started asking for these checks too.
In fact, the Toronto District School Board recently announced that it would like parents who have children attending classes in the school to undergo background checks if they wish to volunteer on field trips.
These checks don’t do much in safeguarding anyone from potential crime as it has gotten to the point of paranoia. Safety is wonderful but this is overkill – so much so that these excessive background checks have created a long trail of victims as opposed to saving lives and protecting property.
To really illustrate the absurdity of these Toronto Police background checks you have to understand the damage they have created and what gets included in the records. In recent months the Toronto Star has been reporting extensively on this issue and has spoken with many people who have been victimized by disclosures of private information.
The Toronto Police Service literally puts everything it comes into contact with on a database and releases this information to organizations that ask for it without question. Much of this information is extremely trivial, baseless and groundless. They also keep your fingerprints, record of arrests, and any charges – even if you were not convicted of anything or if those charges were eventually thrown out of court.
And perhaps more incendiary, they keep mental health contacts on file too and release this information to employers. If you attempted suicide or were depressed and the police were in any way involved then this gets included in the background checks. It’s downright awful.
The Toronto Star reported there were more than 420,000 people in CPIC (the national police database) who were not convicted of a crime as of 2005 including nearly 2,500 with a notation for “attempt suicide” and another 2,200 noted for “mental instability.” Last year in Ontario, 43 percent of adult criminal cases resulted in stayed or withdrawn charges, according to the John Howard Society of Ontario. All these people have records in police computer databases.
So who are these Canadians who have had their lives ruined and upended by this nonsense? Here are just a small sampling:
1) There is a 27 year Caledon man named Chris who worked as a construction worker but got a dream job working part-time as a firefighter. He trained for months and worked hard. He was later asked to submit a routine “vulnerable sector” check. What came back shocked him. He had no criminal record, was never charged with anything, and he never even spoke to police before. But he was included on a police record because he was guilty by association. He had a friend who used to sell drugs and an undercover police officer noted that he used to hang out with him. This ended his career aspirations as a firefighter because he was rejected for having a “non-clean” background check.
2) There is a British Columbia woman named Stacey who was denied a dog-walking position in 2010 because a background check showed that she made four 911 calls starting in 2005 because of family disputes with her mother and sister. She was never convicted of anything.
3) There is a young woman named Catherine who was studying nursing in Ontario. She was on the Dean’s list, a record that she is undoubtedly proud of but it is another record that has wrecked havoc on her life. As part of the program she is enrolled in, she has to go through annual background checks. This was no problem until in 2012 when the police check showed an incident dating back to 2009. The incident involved a breakup with her boyfriend which resulted in mental health problems for her. The police were involved and they listed her as “violent and aggressive”. She was never given a chance to defend herself of this and feels it is completely one-sided. Whatever the police say is seen as factual without any trial or hashing out of evidence.
4) There is a 27 year old Ottawa resident named Ali who was never charged or convicted of a crime. He had to quit his job with Air Canada because the airport security clearance turned up that he had a history with police. The record is extremely old from his childhood days growing up in a social housing community. The police spotted him around people they claim are drug dealers and gangsters. His name was noted in this.
5) There is Nancy Lucas, a 60 year old Whitby resident. In 1994 she had a charge withdrawn after she agreed to a peace bond. Her charge was “uttering threats” against her then husband who brought his girlfriend to their home while she was in hospital. This 20 year old family dispute prevented her from getting a volunteer position recently. This is a woman who has never had even a parking ticket and yet she still has to pay the price for a family dispute from long ago.
6) There is 21 year old Toby King who had a summer job placement with the City of Toronto rescinded because a background check showed that he broke a window at a party when he was 19. He was able to secure a withdrawal of that charge, he paid $200 to charity and volunteered for 28 hours in a lunch program for underprivileged Torontonians. Even so, he still couldn’t get a job he desperately wanted because of a minor incident from his teenage years. C’mon! Give the guy a break!
7) There is a woman named Simuoko (Sim) Frayne who recently filed a lawsuit against Toronto Police because a background check showed unproven accusations against her which is preventing her from gaining custody of her niece. She escalated this to the Office of the Independent Police Review Director (OIPRD) which took extremely long to process her complaint due to administrative issues and then it took over 5 months to investigate the complaint. She grew sick while waiting on the OIPRD. She eventually sued the police for $75,000 in damages. I completely understand her frustrations with the OPIRD – been there and done that.
The stories go on and on. These people are not career criminals. Some of them have had minor indiscretions, some of them are guilty by loose association, some of them have had family disputes (who hasn’t), and some of them have been victims of false accusations. And some of the examples I have been reading say that the Toronto Police exacerbates stuff in these records. If a police officer feels you were being “aggressive” then I guess that means you were “aggressive”. Right? Wrong.
There are also many stories of humiliation. People who want to perhaps visit family members, attend funerals, or attend weddings in the United States but are instead questioned and turned away because they “attempted suicide” in the past. These are people who want to turn their lives around and want to live freely but are being prevented form doing so. These are people who had a terrible past and yet this is being used against them, instead of sympathizing with them. There is something so disgraceful and fundamentally wrong about this.
It has angered so many people including the Information and Privacy Commissioner of Ontario, Ann Cavoukian. She has launched a lawsuit against the Toronto Police Service for “indiscriminately” releasing attempted suicide information to the country’s national police database. She says that her office has never initiated a lawsuit like this before. It’s unprecedented.
She argues that exposing private medical information about citizens is in breach of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and its provincial equivalent. She is absolutely floored by the attitude of the Toronto Police because they simply ignored her requests to stop releasing information. She says that she gets compliance 99% of the time when her office tells organizations they are in breach of the law but the Toronto Police is a very rare exception.
Toronto Police argues that maintaining and releasing this private medical information helps them in their work and that they can’t do anything about problems with border agents because this is federal jurisdiction of the RCMP. Ann Cavoukian doesn’t buy this explanation and says that at the very least people should know beforehand that police have this information about them on record before they attempt to enter the United States:
“I think at least they should be notified so that they know they could be stopped and asked about their attempted suicide. It breaks my heart when people go to the length of attempting suicide. It means there is a real serious issue that needs to be addressed. These individuals are already having to deal with very difficult issues in their lives. The last thing you want to do to compound that is to add to the load they’re carrying.”
Louise Bradley, President of the Mental Health Commission of Canada, agrees:
“This is not a criminal matter. This is a health matter. This can impede recovery, when they are looking to volunteer, get a job or travel outside the country. It can also impede people with mental health problems and illnesses or their families seeking help when they are crisis because of fear of getting a ‘record.’”
This has even alarmed over 200 students at the prestigious University of Toronto medical school who signed a petition calling on the Toronto Police to stop releasing information about mental health to employers or with the Americans. They rightly argue that this prevents people from accessing services and calling for help in the future because it stigmatizes mental health. People are afraid that it will ruin them, if they so choose to want to continue on with their lives.
Lawyers, victims, advocates, heads of independent government agencies, and medical students have all been calling on the Toronto Police to stop this absurdity and discrimination. They simply do not care and are narrow-minded enough to continue with the status quo.
It’s not all utter disappointment though – there appears to be a ray of hope. Last month, the Ontario Association of Chiefs of Police (OACP) announced what many are calling a “huge” milestone. The third incarnation of the new Guideline released by the OACP states that Ontario’s 57 police services must stop releasing private information of citizens. This Guideline has been years in the making and was helped developed by the John Howard Society of Ontario and the Canadian Civil Liberties Association who worked for two years to get the guideline to this stage.
Police contacts of all sorts that have not resulted in convictions will not be released in the future. This includes mental health arrests, hospital transports, police visits, and allegations that have not been proven in court. The only time when information should be released, according to this Guideline, is very extreme rare cases when somebody faces multiple allegations of abuse of the elderly and children. The OACP says that this should only happen a “handful” of times.
Many police service in Ontario have already followed suit: Durham Regional Police, Waterloo Regional Police, Peel Regional Police, York Regional Police, Hamilton Police, St. Thomas Police, and Sudbury Police.
Of course, Toronto Police is conspicuously missing from this list. They choose instead to fight with the Information and Privacy Commissioner of Ontario and more or less tell her to get lost. In contrast Durham police spokesperson Dave Selby said: “We’ve been one of the leaders in Ontario in calling for changes in this area.”
It’s gotten to the point now where people are so fed up that they are calling on the province and the political leaders to intervene by putting in legislation to stop this from happening. Right now there is a confusing patchwork of local policies across Ontario, we need a uniform system and compliance. Even the OACP admitted from the get-go that legislation would most likely be needed to ensure compliance. The Toronto Police will never do it themselves unless you sue or get the province involved. It’s absolutely disgusting and so embarrassing!
Storing in databases every shred of contact with police, even subjective and opinionated side-notes by individual investigating officers is asinine. One in three innocent Canadians is victimized by this – that could be more than 11 million of us and counting! The release of this private information has ended careers, prevented university placements, sabotaged volunteer positions and caused havoc trying to cross borders.
Why is that so many police service in Ontario, and even around Canada, have taken a leadership role to finally end this but the Toronto Police Service feels the rules don’t apply to them? This disgusting police service needs serious overhaul. It’s ruining lives. These innocent people are not statistics, they’re not “bad guys”, they’re not toys you can do what you want with. These innocent people are human beings who have lives they want to live with fulfillment and dignity. The Toronto Police Service is preventing this from happening and seems to have contempt for the public there are there to serve!
Instead of releasing every shred of information like zombie idiots and instead of collecting trivial information of otherwise no consequence, the Toronto Police would be best advised to engage in responsible and intelligent policing. Employers will keep asking for background checks because nobody wants to be blamed in the rare chance something does happen. People are scared. The Toronto Police ought to have taken a leadership role in this by keeping internal information hidden or destroyed completely and by reassuring the public they are indeed safe.
All we get is more of the same and fear-mongering. This needs to stop.
Articles:
“Ontario police chiefs call for secrecy around non-conviction records” – CTV News (click here)
“Police chiefs push to limit release of non-offenders’ private info” – CBC News (click here)
“Cause for hope in the war on invasive police record checks” – Toronto Star (click here)
“Police chiefs call for presumed innocence in background checks” – Toronto Star (click here)
“Sharing police data should be fair, standardized, Kathleen Wynne says” – Toronto Star (click here)
“Toronto police to keep sharing non-conviction records” – Toronto Star (click here)
“Queen’s Park should limit police disclosure of private information…” – Toronto Star (click here)
“U of T med students petition cops to stop release of suicide attempt records” – Toronto Star (click here)
“Break a window, and pay for life” – Toronto Star (click here)
“Canadians stunned to learn they have police records….” – Inside Halton (click here)
“How Police Record Checks Can Harm the Innocent: Michael’s essay” – CBC News (click here)