Bill C-284
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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-284 |
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An Act to amend the Criminal Records Act
and the Canadian Human Rights Act
(offences against children)
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| R.S., c. C-47;
R.S., c. 1 (4th
Supp.); 1992,
c. 22; 1995,
cc. 22, 39, 42;
1997, c. 17
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CRIMINAL RECORDS ACT |
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1. The Criminal Records Act is amended
by replacing the enacting phrase by the
following:
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| Preamble
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Whereas there are certain circumstances in
which it may be appropriate to grant a pardon
to a person who has been of good behaviour
following a conviction for a criminal offence
and a period following the completion of the
sentence;
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Whereas, if a person has been granted a
pardon for an offence, the record of that
offence should be kept separate from other
records and access thereto should be given
only in cases where the public interest
overrides the privacy of the record; and
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Whereas access to the record of an offence
in respect of which a pardon has been granted
should be available to the Royal Canadian
Mounted Police in connection with law
enforcement, and to those responsible for the
care of children to assist in reviewing
applications for positions of trust regarding
children;
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Now, therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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2. Section 6 of the Act is amended by
adding the following after subsection (1):
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| Those
responsible
for children
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(1.1) The Minister shall disclose a record of
a sexual offence against a child in respect of
which a pardon has been granted to a person
requesting information on the criminal history
of an applicant mentioned in paragraph (b), if
the Minister is satisfied that
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| Notice to
applicant
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(1.2) When the Minister discloses a record
pursuant to subsection (1.1), the Minister shall
give notice of the disclosure to the applicant in
writing, to the last address of the applicant
known to the Minister, stating to whom the
disclosure was made and what information
was disclosed.
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| Offence and
penalty
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(1.3) Any one who discloses or uses a record
in breach of an undertaking made pursuant to
paragraph (1.1)(c) is guilty of an offence and
liable to a fine of not less than one thousand
dollars and not more than fifty thousand
dollars if the accused is an employer, and not
more than five thousand dollars in any other
case, or to imprisonment for a term not
exceeding six months, or to both fine and
imprisonment.
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| R.S., c. H-6;
R.S., c. 31 (1st
Supp.), c. 32
(2nd Supp.);
1992, c. 22;
1993, c. 28;
1994, c. 26;
1995, c. 44;
1996, cc. 11,
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CANADIAN HUMAN RIGHTS ACT |
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3. The Canadian Human Rights Act is
amended by adding the following after
section 10:
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| Exception
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10.1 (1) Notwithstanding section 8, it is not
a discriminatory practice to express a
limitation, specification or preference or
publish anything in the circumstances
described in that section in connection with
employment of a person in a position of trust
involving a child where the limitation,
specification, preference or publication
relates to any sexual offence committed by the
person against a child, whether or not the
offence has been pardoned.
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| Exception
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(2) Notwithstanding section 10, it is not a
discriminatory practice to establish or pursue
a policy or practice or enter into an agreement
in the circumstances described in that section
in connection with employment of a person in
a position of trust involving a child where the
policy, practice or agreement relates to any
sexual offence committed by the person
against a child, whether or not the offence has
been pardoned.
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