A man who was investigated six years ago for two sexual assaults but never charged wants that information sealed or wiped from a police database used to provide background checks on people applying for certain jobs or volunteer positions.
The man, 37, has no criminal record.
He applied for a job at an organization that provides guidance and mentorship for disadvantaged youth and was told he would need to submit to a background check and screening, according to a petition filed by the man in B.C. Supreme Court.
In December, he received the results, which showed he had been investigated for two counts of sexual assault. The court petition said the investigation occurred in 2018 when the man was attending the Justice Institute of B.C. to become a police officer. While charges were recommended by police, the Crown did not approve them.
“The petitioner was never charged with anything in relation to the investigation and there were no court proceedings as a result,” the petition said.
The man’s petition names the New Westminster Police Department and B.C.’s public safety minister as respondents and requests a court order that would prevent the police agency from releasing “non-conviction information” during background checks.
Postmedia has chosen to not identify the man.
According to the petition, the man asked New Westminster police to remove the information from the database but was told it would remain until 2088. He was told the decision was final and there was no appeal process, the petition said.
“[The man] highlighted that he had no criminal record, no charges, and there is no indication that [he] is a threat to the vulnerable sector,” according to the petition.
The man also contacted the RCMP, but after carrying out a review in accordance with the B.C. guidelines for police information checks, the RCMP concluded the information should remain.
The guidelines, which are posted online, state that when people are being screened for jobs with vulnerable people, information provided can include convictions, outstanding warrants, any charges, judicial orders, and “non-convictions and adverse police contact information.”
That would include “any additional information recorded in police databases documenting the applicant to have been a suspect in an offence (whether or not charged),” the guidelines state.
The petition states that reviews of decisions to retain the information should be subject to a number of criteria, including whether the incidents targeted a vulnerable person, when they took place, the number of incidents, whether there is a pattern of incidents and the reason the incident didn’t result in charges or a conviction.
The man submits the review process was not followed in his case.
Criminal lawyer Kyla Lee of Acumen Law Corporation said petitions to expunge police records are infrequent, in part because it poses a risk to the petitioner that the allegations will become public through the court process itself.
However, Lee, who is not involved in this case, said the option to have non-conviction records expunged is “an important aspect of our justice system.”
“Because people have the right to be presumed innocent, and police may not always identify the right suspect or reports could be made for spurious reasons, where charges are not approved a person has the right to not have an unproven allegation follow them for the rest of their lives,” said Lee.
“We also have important privacy values at play here. Having your non-conviction records protected from disclosure protects your privacy where you were investigated but never charged, and prevents these allegations from being used against you.”
Postmedia has requested comment from the New Westminster Police Department and the Ministry of Public Safety.
— With files from Joseph Ruttle
