Vulnerable Sector Checks and Police Information Checks are being relied upon more and more by employers and volunteer organizations. While there are some police agencies that will use discretion when determining whether to disclose non-conviction records or other contact with the police, there are still other police agencies that appear to disclose any and all records for a Vulnerable Sector Check or Police Information Check. For many of you, a mark on your Vulnerable Sector Check or Police Information Check could prevent you from gaining employment or could threaten your current employment.

How Can I Find Out If Anything Will Appear On A Vulnerable Sector Check Or Police Information Check?

The only way to know whether any record will appear on either of these background checks is to apply and have the background check completed. Your local police agency will not be able to tell you whether any records will or will not show up on these background checks.

A Non-Conviction Record Appears On My Vulnerable Sector Check / Police Information Check. How Can I Get It Removed?

If a non-conviction record appears on your Vulnerable Sector Check, you must apply to your local police agency to have the record suppressed. The first thing you will need is a copy of your Vulnerable Sector Check which discloses the non-conviction record. You will need to know what factors your local police agency will take into consideration when making a decision whether to suppress your non-conviction record from a Vulnerable Sector Check. This is where a lawyer can assist you and could make the difference between whether you get your record suppressed or not.

When applying for records to be suppressed from a Vulnerable Sector Check, a criminal lawyer is going to be in the best position to know what information you need to include, what information to leave out, and what additional information about yourself, although not required, may be helpful. Equally important, a lawyer will know how to present all this information in an application and will know exactly how to advocate on your behalf to ensure you have the best possible chance of getting your records suppressed.

In circumstances where a non-conviction record appears on your Police Information Check, you may be able to have this record removed by simply applying to have your fingerprints, photographs and record of disposition destroyed with the local police force and the RCMP. Be prepared though, this process may take anywhere from 6 months to 1 year to have completed. You should also remember that even if you have these records destroyed with the local police and the RCMP, these records may still appear on a Vulnerable Sector Check.

What Is A Vulnerable Sector Check?

A Vulnerable Sector Check is the most detailed and comprehensive police background check that can completed. The purpose of a Vulnerable Sector Check is to assist employers and volunteer organizations determine whether there are any concerns with respect to a prospective employee or volunteer working in a position of trust or authority with a vulnerable population. A  Vulnerable Sector Check can disclose any prior criminal convictions, any contact a person has had with a local police agency, as well as information about non-conviction records which may have otherwise been destroyed or purged. A Vulnerable Sector Check can also disclose convictions for some sexual offences which a person has received a pardon for.

If you live outside of Toronto, then you can either attend the appropriate police station to obtain a Vulnerable Sector Check form or you may be able to print one from the police agency’s website. If you live in Toronto, you cannot attend a local police station to obtain a Vulnerable Sector Check form. Your employer or volunteer organization will have been provided the application form from the Toronto Police Service. You both must sign the form and then return it to the Toronto Police Service.

What Is A Police Information Check?

Depending on what police agency you are dealing with, a Police Information Check may also be referred to as a Police Background Check or a Criminal Information Request. A Police Information Check will disclose criminal convictions, local records of criminal charges that did not result in a criminal conviction and any other contact you may have had with local police agencies.

Please note that some police agencies also have a Criminal Record Check, which is entirely different from a Police Information Check. A Criminal Record Check only discloses the RCMP’s records for criminal convictions and does not include records of local police contact.

Contact

Getting a non-conviction record suppressed or purged from a Vulnerable Sector Check or a Police Information Check can take time in some circumstances. Get started today getting your non-conviction record suppressed. Contact me immediately and arrange a consultation.

Read more about Non-Conviction Records, Police Record Checks, Destroying Fingerprint Records and Criminal Record Suspensions

Mischief is a criminal offence under section 430 of the Criminal Code of Canada. Mischief is a very broad charge that can include all sorts of conduct. There are also a number of different ways property can be affected under mischief charges. Criminal charges of mischief often involve the destruction of property. Mischief can also include actions that render property inoperative or ineffective, or actions that interfere with the lawful use or enjoyment of the property.

However, what happens when the property you damage is your own property, or property you share with someone else?

Can I Be Charged If It Was My Personal Property

You can still be charged with mischief even in circumstances where you damage property that belongs solely to you. Under section 429 of the Criminal Code, a person can be convicted of mischief if he or she destroys personal property with the intent to defraud. Similar to cases involving arson, charges under this section often involve a person trying to collect on an insurance policy or product warranty.

Property That Is Jointly Owned

You can also be charged with mischief for damaging or destroying property that is jointly owned, such as matrimonial property. In circumstances where the property is jointly owned, or where another person has some sort of interested in the property that was damaged, the Crown Attorney does not need to prove that there was an intention to defraud. Merely damaging or destroying the property in this case could result in you being charged with mischief.

When Is Property Damaged, Inoperative, or Interfered With?

The damage done to property must be more than trivial insignificant. Similarly, any interference with property must be more than a minor inconvenience. However, it is not necessary that the Crown Attorney prove that any damage, interference, usefulness or enjoyment of any property was permanent. The Crown Attorney only needs to prove that the damage, interference, usefulness or enjoyment of any property was temporary in duration.

What Happens If It Was An Accident?

To be convicted of mischief you must have wilfully; (1) destroyed or damaged property, (2) rendered property dangerous, inoperative or ineffective, (3) obstructed interrupted or interfered with the use, enjoyment or operation of property, or (4) obstructed interrupted or interfered with any person attempting to use, enjoy or operate the property.

The important term here is wilfully. Wilfully requires that you knew that your actions would cause the damage, destruction, etc. of the property, or that you were reckless to whether the property was damaged, destroyed, rendered useless, etc. If you did not intend to damage or destroy the property, you have a defence to the mischief charges against you.

Defending Mischief Charges

One defence available for mischief charges involves having a legal justification, excuse, or colour of right. The colour of right defence requires that you demonstrate that, at the time of the offence, you had an honest belief that you held a possessory right to the property in question. For example, if you honestly believed that the property in question belongs solely to yourself, then you may have a defence to a mischief charge. Similarly, a legal justification or excuse requires that at the time of the offence, you honestly believed that you were justified or had a legal excuse to cause the damage or destruction to the property. For example, if in defending yourself or assisting another person in danger, you cause property to be damaged or destroyed, you may be not guilty of committing mischief. In both circumstances the belief you held must be objectively reasonable.

Although it is not a defence, taking action to reimburse the victim for the property damage can be a mitigating factor that may help you receive a more favourable result. In some circumstances, with the assistance of counsel, charges can be withdrawn if restitution is made to the victim. However, it is always better to consult with a lawyer prior to making any restitution, as it may be that you have an absolute defence to a mischief charge.

How A Conviction for Mischief Can Affect You In The Future

A criminal conviction, even one for mischief, can have a significant impact on your life. A conviction for mischief, like any other criminal offence, can result in;

• Loss of employment.
• Difficulty finding future employment.
• Paying fines, probation, and in some circumstances even a jail sentence.
• Problems obtaining citizenship or permanent status.
• Problems entering another country.

With the potential implications a criminal conviction can have, it is important that you have a lawyer who is committing to defending you. A criminal defence lawyer is in the best position to resolve your case quickly while getting you the best possible result.

Contact

Need immediate legal advice? Contact me today if you have been charged with mischief. I will arrange to meet with you for a free consultation and advise you what your options are.

Also see FAQs on Mischief or for more serious property related criminal offences, read about arson.

Making False Allegations

It is safe to say that the majority of criminal offences reported to the police are legitimate complaints. However, there are some circumstances where individuals will lie to the police by making up false allegations. There are many reasons why a person would false accuse another individual of committing a criminal offence. The following are just a few examples;

• To remove a spouse or partner from the home.
• To improve one’s position in divorce or custody proceedings.
• Revenge.
• Attempting to place blame on someone else for a crime the complainant committed.

I Have Been Falsely Accused, What Should I Do?

The first step you must take is to deal with the charges for which you have been falsely accused of committing. You can start by remembering what your rights are (see my article on Charter rights upon arrest). You have a right to remain silent and not to make a statement. Once you have been arrested and charged with a criminal offence, any attempt to explain to the police that you are innocent and have been falsely accused won’t help. Remember, once charges are laid, the police do not have the authority to withdraw those charges.

Anytime you have been charged with a criminal offence, whether you are falsely accused or not, you should give serious consideration to hiring a criminal defence lawyer. A competent criminal defence lawyer is going to have the knowledge and skills necessary to give you the best possible defence. Trust your lawyer to resolve your charges in most favourable way possible, whether that involves the charges being withdrawn or you being found not guilty at trial.

From the moment you have been arrested and charged, you need to be documenting and keeping records of any information that will be helpful to proving that you are not guilty and that you have been falsely accused. Any material should be provided to your lawyer as soon as possible. Documentation can include;

• Emails.
• Text messages.
• Voice mail messages.
• Letters.
• Pictures or videos.
• Financial documents.
• Receipts.
• Personal notes regarding your recollection of the events or any contact with the complainant.

Do You Have Proof That You Were Falsely Accused?

Once your criminal charges have been dealt with favourably, now you can start thinking about what you want to do about being falsely accused. However, even before you get that far, you need to know whether there is anything you can do. Remember, a criminal court never makes a finding that a person is innocent. The fact that the charges were withdrawn or that you were found not guilty does not mean that you have proven yourself innocent or that you were falsely accused. Either of these results only proves that the Crown Attorney did not prove its case beyond a reasonable doubt. You are going to need evidence that your accuser lied to the police, that he or she fabricated evidence, or that they gave false evidence in court. To do this you are going to have to rely on material such as statements made to the police, court certified transcripts of the evidence given at trial, and any records you kept and provided to your lawyer.

I Have Proof I Was Falsely Accused, Now What?

Now that you have proof you were falsely accused of a criminal offence, you need to decide if you would like to pursue having criminal charges laid against your accuser. Depending on the circumstances, there may be a number of charges that could be laid against your accuser;

• Perjury.
• Making a False Statement.
• Giving Contradictory Evidence.
• Fabricating Evidence.
• Obstructing Justice.
• Public Mischief.

Some of these offences can be complicated from a legal perspective. If you do wish to go to the police and file a complaint, it is strongly recommended that you have a lawyer assist you. It is essential that you and your lawyer are able to clearly demonstrate to the police how your accuser committed one or more of these offences. Do not expect the police to begin an investigation or lay any charges if you cannot clearly prove how your accuser committed any one of these offences.

Contact Me Today

If you have been charged with criminal offence, whether you have been falsely accused or not, contact me today and arranged a free consultation.

You can also read my article dealing with False Allegations of Domestic Assault.

Criminal Harassment

Criminal harassment is an offence under section 264 of the Criminal Code of Canada. Criminal harassment charges often result from former domestic relationships, or when one person attempts to initiate a romantic relationship with another person who does not wish to do so. Another example of where criminal harassment charges are often laid is with ongoing disputes between neighbours, co-workers, or a person with whom you had prior business dealings with. Some individuals charged with criminal harassment genuinely are not aware that their behaviour could be considered harassment to another person. However, there are equally many others who know or ought to have known that they were harassing another individual. The following is intended to help you understand when your actions can become criminal harassment.

Actions that can be Criminal Harassment

Section 264 of the Criminal Code outlines conduct that can constitute criminal harassment.  Conduct that can constitute criminal harassment includes;

1. Repeatedly following from place to place the other person or anyone known to them,
2. Repeatedly communicating with, either directly or indirectly, the other person or anyone know to them,
3. Besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be, or
4. Engaging in threatening conduct directed at the other person or any member of their family.

Our courts have further held that actions such as persistent requests, solicitations, or incitements can be harassing behaviour. While any one of these actions is likely going cause another person to feel they are being harassed, it does not necessarily mean that criminal harassment has occurred.

When Actions can become Criminal Harassment

The conduct listed above does not constitute criminal harassment unless the following 4 elements are also present;

1. The complainant felt harassed by the conduct,
2. You knew or were recklessly or wilfully blind to the fact that your conduct was harassing the complainant,
3. Your conduct caused the complainant to fear for their safety or the safety of anyone known to them, and
4. The complainant’s fear was reasonable.

The Crown Attorney must prove all of these elements beyond a reasonable doubt before a finding of guilt can be made.

Defending Criminal Harassment Charges

The first step in defending criminal harassment charges is holding the Crown Attorney to its burden of proving all the elements of the offence beyond a reasonable doubt. While there are some cases where identity may be an issue regarding who actually engaged in the harassing behaviour, this is usually not where a defence is raised in criminal harassment cases. Similarly, the Crown Attorney will often be in a position to prove that any of the conduct listed above did cause the complainant to feel harassed.

Most charges for criminal harassment are defended on the basis (1) that you were not aware or reckless to the fact that your behaviour caused the complainant to fear for their safety, and (2) that the complainant did not actually fear for their safety or that complainant’s fear, in the all the circumstances, was not reasonable. When considering whether the complainant’s fear was reasonable, a judge will consider all the circumstances surrounding the specific conduct that lead to the complainant to fear for their safety.

Unfortunately, criminal harassment is an offence which does not require the Crown Attorney to prove that you specifically knew and intended that your actions were harassment. The Crown Attorney only needs to only needs to prove that you acted recklessly in regards to whether another person was harassed by your conduct. However, depending upon the facts of the case, it may be that the defence of honest mistake may be available. In these circumstances you would need to demonstrate that you honestly believed that your actions were not causing the complainant to feel harassed or fearful, and that this honest belief is objectively reasonable. Again, the judge will consider all of the circumstances surrounding your conduct to determine whether your honest, mistaken belief was reasonable.

Penalty for Criminal Harassment

A summary offence conviction for criminal harassment carries a maximum penalty of 6 months in jail, a $1,000 fine, or both. If the Crown Attorney proceeds by indictment, the maximum penalty is 10 years imprisonment.

Contact Me

Contact me today if you have been charged with criminal harassment.

FAQs on Criminal Harassment.

4 Important Rights Upon Arrest

Once a person has been arrested and charged with a criminal offence, there are several rights that are triggered under the Canadian Charter of Rights and Freedoms. Some of these rights that are triggered have immediate implications. The following is some basic information about 4 rights upon arrest that you have under the Charter; (1) the right to speak with a lawyer, (2) the right to remain silent, (3) the right to have a bail hearing, and (4) the right to be informed of the reasons for arrest.

Right to Speak with a Lawyer

Upon being arrested, you have a right to speak with a lawyer and receive legal advice. You must be advised by the police of your right to speak with a lawyer, including a Duty Counsel lawyer who is available by telephone 24 hours a day.

If you exercise your right to speak with a lawyer, you must be given the opportunity to do so without delay. However, the term ‘without delay’ does always mean immediately. For example, the police are permitted to conduct a search of you to ensure the safety of the officers and the public or to ensure evidence is not destroyed or disposed of prior to allowing you to speak with a lawyer.

Your right to speak with a lawyer includes the right to speak in private. Under no circumstances should the police be in the same room as you when you are given the opportunity to speak with a lawyer.

Right Not to Make a Statement

You have an absolute right not to make a statement. As a lawyer I can’t directly tell you not to make a statement, however I can advise you that you have a right not to make a statement and my advice would be to, not make a statement. Ultimately, you have to make the decision about whether to make a statement to the police or not.

Unfortunately, the fact that you have a right not to make a statement does not mean that the police are going to stop asking you questions. Once you have spoken with a lawyer, the police are permitted to resume asking you questions. The police may use tactics to get you to make a statement such as;

• This is your chance to tell your side of the story.
• We already have all the evidence we need against you.
• We already know what happened, we just want to know why.
• We are going to get a search warrant, you can make it easier on yourself by just telling us what happened.
• You don’t have to make a statement, we can just have a discussion about what happened.

If the police continue to ask you questions, my advice is to continue to remain silent. It is better that you say absolutely nothing, and not to even get into any discussion whatsoever with the police. Simply put, the police are not there to assist you and they are not your friend, they are there to investigate allegations of criminal offences.

Informed promptly of the reasons for arrest or detention

The police must inform you of the reason you are being arrested. In most circumstances this is done simply by the police officer stating the reason you are being arrested. You should understand that the police do not need to provide you with all the information they are relying upon to detain or arrest you. In circumstances where the police simply wish to speak with you about a criminal investigation, they are not required to provide you with any information in advance regarding what they wish to speak with you about.

Right to have Validity of Detention determined by way of Habeas Corpus

If you arrested and not released by the police on your own recognizance, you are entitled to appear before the court for a bail hearing without delay. Depending upon the time of day you are arrested, you may be taken to court that day or you may be held overnight and be taken to court the next morning. If you are arrested on a Friday or Saturday night, you will still appear in court the next day. All bail hearings in Toronto held on a Saturday or Sunday are done at the Old City Hall.

Contact Me

Contact me today if you have been arrested and charged with a criminal offence, or you have been contacted by the police regarding a criminal investigation.

You can also read about why it is important to exercise your right to speak with a lawyer.