ON.15.03 Mandatory Police Vulnerable Sector Checks for the Supervision of Minors
Legislation
Whereas, There are no consistent mandatory provincial or federal laws requiring Police Vulnerable Sector Check (PVSC) screening, training and supervision of those who provide care for vulnerable minors; and
Whereas, The standard of protection and abuse prevention is inconsistent across public, private and non-government organizations in all provinces/territories; and
Whereas, Mandatory standardized PVSC screening, training and supervision are critical to demonstrating due diligence in protecting vulnerable minors from abuse by workers and volunteers or anyone entrusted with the care or awarded custody of vulnerable minors; therefore be it
Resolved, ThatOntario provincial council of The Catholic Women’s League of Canada in 68th annual convention assembled urge the provincial government to establish legislation to ensure the standardization of mandatory PVSC screening, training and supervision across all public, private and non-government organizations for all staff, volunteers or anyone entrusted with the care or judicially awarded custody of vulnerable minors; and be it further
Resolved, ThatOntario provincial council of The Catholic Women’s League of Canada in 68th annual convention assembled request national council of The Catholic Women’s League of Canada to urge the federal government to establish required legislation which ensures national screening, training and supervision of individuals in contact with vulnerable minors; and be it further
Resolved, That this resolution be forwarded to national council of The Catholic Women’s League of Canada for consideration at 95th annual convention assembled in August 2015.
Gifted by Ontario Provincial Council
ON.15.03 Mandatory Police Vulnerable Sector Checks for the Supervision of Minors
Legislation
Brief
Police record checks and vulnerable sector checks are critical to protect our children (Taylor, 2014). Police Vulnerable Sector Check (PVSC) was established to provide screening of individuals working or volunteering with the vulnerable. There is no single source of law in Canada that governs screening. Criminal, civil, constitutional and administrative statutes and the common law, necessitates that organizations providing programs and services to individuals have a legal duty to ensure the safety and well-being of those they serve (Athletics Ontario, 2013).
In Ontario, there is no statutory legal requirement for organizations to undertake police vulnerable sector checks on all employees and volunteers working with vulnerable persons but they are becoming the norm (Oh, 2013, p. 1). Provincial legislative and regulatory requirements for vulnerable sector screening and police record checks were implemented by individual organizations as part of their own policy and risk management strategies (Taylor, 2014). “…Saskatchewan, Nova Scotia and Ontario, require criminal background checks of provincial or educational workers” (HR Insider, 2013). In British Columbia, the Criminal Records Review Act requires police vulnerable sector checks be conducted every five years for anyone who works with children or has unsupervised access to children (ibid).
Under the Criminal Records Act, “…vulnerable person means a person who, because of his or her age, a disability, or other circumstances, whether temporary or permanent, (a) is in a position of dependence on others or (b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them” (Gov’t of Canada, 2015, p. 8). “Child abuse is any form of physical, emotional and/or sexual mistreatment or lack of care that causes injury or emotional damage to a child or youth. The misuse of power and/or a breach of trust are part of all types of child abuse” (Canadian Red Cross, 2014). Child abuse is an important public health problem globally. In Canada 32% of the Canadian adult population has experienced child abuse, which has a high correlation with mental conditions (Afifi et al, 2014).
High profile Canadian child abuse cases include George Williams, a former Halifax child care worker, for the alleged brutal rape of a 14-year old girl in 1983. He was dismissed, and sometime later, was hired by a nearby day care centre. He was suspended in 2011 when information about the alleged rape became public (Malarek, 2012). Another involved the starvation death of five-year-old Jeffrey Baldwin at the hands of his grandparents (Urback 2015). The Baldwin death prompted an inquest. In February 2014, 103 recommendations were published that included the mandatory training and screening of staff and personnel (Gov’t. of Ontario, 2015).
From a public health standpoint, prevention of child abuse needs to be a priority in Canada. (Afifi et al, 2014). Provincial and federal governments need to amend existing legislation for national standardization of mandatory PVSC screening and training across all organizations for all staff, volunteers or anyone entrusted with the care of minors.
ON.15.03 Mandatory Police Vulnerable Sector Checks for the Supervision of Minors Legislation
Works Cited
Afifi, Tracie O.; MacMillan, Harriet L.; Boyle, Michael, Taillieu; Tamara, Cheung; Kristene, Sareen, Jitender. “Child abuse and mental disorders in Canada”. Canadian Medical Association Journal. 22 April 2014. http://www.cmaj.ca/content/early/2014/04/22/cmaj.131792.full.pdf+html
Athletics Ontario. Federal Law and Social Policy. 2013. <http://athleticsontario.ca/wp-content/uploads/2013/06/federal_law_and_social_policy_part_of_screening_document.pdf>. Web. 04 Dec. 2014.
Canadian Red Cross. Definitions of Child Abuse and Neglect. 2014.
< http://www.redcross.ca/what-we-do/violence-bullying-and-abuse-prevention/educators/child-abuse-and-neglect-prevention/definitions-of-child-abuse-and-neglect
Government of Canada. Minister of Justice. Canada Records Act (RSBC 1996, c 8619). 31 March 2015. <http://laws-lois.justice.gc.ca/PDF/C-46.pdf> Web. 23 April. 2015.
Government of Ontario. Ministry of Community Safety & Correctional Services. Office of the Chief Coroner. Inquest Touching the Death of Jeffrey Baldwin Jury Verdict and Recommendations. February 2014.
http://www.mcscs.jus.gov.on.ca/stellent/groups/public/@mcscs/@www/@com/documents/webasset/ec167748.pdf
HR Insider. How to Conduct Criminal Record Checks. 14 April 2013. <http://hrinsider.ca/articles-insight/latest-headlines/how-to-conduct-criminal-record-checks>. Web. 04 Dec. 2014.
Malarek, Victor. Former orphanage residents allege child abuse, neglect, beatings and sexual assault. November 3, 2012. CTV W5. http://www.ctvnews.ca/w5/former-orphanage-residents-allege-child-abuse-neglect-beatings-and-sexual-assault-1.1022232
Oh, Esther S.J. “Police Checks and Child Protection”. Charity Law BulletinNo.303. 27. February 2013. http://www.carters.ca/pub/bulletin/charity/2013/chylb303.htm
Taylor, Cathy. “Police record checks – We can do better”. Ontario Non-Profit Network (ONN), 29 March 2014. http://theonn.ca/police-records-checks-we-can-do-better/.
Urback, Robin. National Post. For kids like Jeffrey Baldwin, children’s aid reform can’t wait another day. 12 February 2015.
http://news.nationalpost.com/full-comment/robyn-urback-for-kids-like-jeffrey-baldwin-childrens-aid-reform-cant-wait-another-day
ON.15.03 Mandatory Police Vulnerable Sector Checks for the Supervision of Minors Legislation
Action Plan
1. Write to the Prime Minister, the Minister of Justice, local members of Parliament and their provincial counterparts to amend existing legislation to ensure:
· The national standardization of mandatory police vulnerable sector checks (PVSC)
· Establish criteria for standardize screening, training and supervision policies across all public, private and non-government organizations and businesses for all staff, volunteers or anyone entrusted with the care of minors.
2. Write letters to all public, private and non-government organizations and businesses that serve minors to conduct their own independent risk assessments, vulnerable sector checks, screening, training and supervision policies for all their staff, volunteers or anyone entrusted with the care of minors upon hire and minimum of annually to demonstrate due diligence and protect minors.
3. Educate members, parishioners, family and friends, professionals, parents and guardians on the issues and risks associated with voluntary PVSC which subjects minors to abuse.
4. Invite speakers from local law enforcement agencies, volunteer organizations and businesses to educate members on their policies and practices that protect and prevent abuse of minors.