Criminal Record Check Results, Reconsiderations and Appeals
No Relevant or Specified Offence is Found – Clearance Issued
If the applicant is to work with children and if no relevant offence is found as a result of the criminal record check, the applicant is cleared to work with children.
If the applicant is to work with vulnerable adults and / or vulnerable adults and children and if no relevant or specified offence is found as a result of the criminal record check, the applicant is cleared to work with children and / or vulnerable adults.
A clearance is sent to the organization to advise them that the applicant is cleared to work. Any future charges or convictions must be reported and a new consent for a criminal record check form must be submitted.
A Relevant or Specified Offence is Found – Adjudication Process
If the criminal record check reveals a relevant and / or specified offence as applicable, a notice of adjudication letter is sent to the organization. A separate letter may be sent to the applicant requesting additional information about the circumstances of the offence(s) found.
An Adjudicator gathers all the relevant information which may include:
- police and court documents
- telephone or personal interviews with the applicant, victim(s) or other persons or agencies
- written submissions from the applicant
Failure on part of the applicant to submit a response may affect an applicant's employment or their standing with their authorized body. If an applicant does not respond to requests for additional information, it will be assumed that the applicant has chosen not to make a written submission and a determination may be made based on the information available.
Any applicant who disputes the existence of a relevant and / or specified offence(s) will be asked to attend the local police or RCMP station for fingerprinting to verify that the correct individual has been identified.
If a fingerprint match is made, the file continues to be reviewed and an Adjudicator makes a recommendation of either 'risk' or 'no risk' to children and / or vulnerable adults as applicable. The file is forwarded to the Deputy Registrar for a decision. The Deputy Registrar examines the relevant and / or specified offence(s) and other related information and makes a determination.
Result of Adjudication Process – Determination of NO RISK
If the Deputy Registrar determines that a person poses no risk of physical or sexual abuse to children and / or physical, sexual or financial abuse to vulnerable adults as applicable, the organization and applicant are informed in writing of the decision, which means the individual is authorized to work as described in the letter.
Result of Adjudication Process – Determination of RISK
The organization must ensure that anyone deemed to be a risk is not in a position where they work with, or have unsupervised access to children and / or vulnerable adults as applicable in their position.
NOTE: the organization does not see the particulars of an individual's criminal record. However, the organization may request written reasons for a decision that may contain references to the criminal record. Also, it is possible that a person is cleared to work with children but found at risk to work with vulnerable adults.
Applicant has been previously Adjudicated – and determined No Risk
Applicants that have been previously adjudicated and found no risk and the applicant has had no subsequent charges or convictions – will not have to go through the adjudication process for the same charge or conviction. The Criminal Records Review Program will review the file to ensure there is nothing new to report and issue a 'Previously Adjudicated – No Risk' letter to the organization. The letter serves as a notice that the applicant is approved to work either with children and / or vulnerable adults as specified.
New Criminal Record Check / Five year re-check – the above does not apply for applicants that submit a new criminal record check (because of new charges or convictions) or submit a mandatory five-year recheck.
Withdrawal from the Adjudication Process
If an applicant does not comply with a request to have their fingerprints taken, it is equivalent to withdrawing from the criminal records review process. This will jeopardize the applicant's eligibility to work with, or have unsupervised access to children and / or vulnerable adults as applicable in their position with their organization.
Those wishing to withdraw from the process must contact their organization. The organization is responsible to inform the Criminal Records Review program directly. Any withdrawal from the adjudication process must be provided in writing and state the circumstances why the withdrawal is requested (i.e., the applicant is no longer employed by the organization or the applicant is no longer a member of the particular governing body.
Reconsideration and Appeal
Reconsideration of the Deputy Registrar's decision
Individuals who have had a 'determination of risk' made by the Deputy Registrar may ask for 'reconsideration' by the Registrar. The individual must inform the Registrar in writing that they wish the outcome of their criminal record check be 'reconsidered'. This letter must be received by the Registrar within 30 days following the day the applicant was notified of the Deputy Registrar's decision.
The Registrar of the Criminal Records Review Program will review the reconsideration request and may receive or accept any information or evidence that may, or may not, be admissible in the court of law.
Judicial Review of the Registrar's decision
Administrative justice decisions made by or on behalf of the Registrar are final. If you disagree with the decision or outcome of an administrative review you may appeal to the B.C. Supreme Court. Individuals making these Appeals are responsible for their own court costs. For information on how to appeal to the Supreme court, petition a judicial review, go to www.supremecourtbc.ca
Applicants who want to appeal any action taken by an employer, licensing agency, post secondary institution or governing body as a result of the determination of risk process must go through their organizations' regular appeal processes, or through the courts.