March 20, 2008
Ms. Barbara Hall
Chief Commissioner
Ontario Human Rights Commission
Draft Policy Consultation: Mental Health Discrimination
and Police Record Checks
180 Dundas St. West, 7th floor
Toronto, Ontario M7A 2R9
Dear Ms. Hall
Re: Draft Policy on Mental Health Discrimination and Police Record Checks
The Schizophrenia Society of Ontario welcomes the opportunity to make a submission to the
Ontario Human Rights Commission regarding the recently released draft policy, "Mental Health
Discrimination and Police Record Checks."
The Schizophrenia Society of Ontario is a non-profit organization with a network of twenty
chapters, eight regional offices and more than 500 active volunteers across the province. Our
mission is to improve the quality of life for individuals and families affected by schizophrenia
through education, support, awareness raising, public policy & research. Reaching over 30,000
people each year, SSO is the largest organization representing people affected by schizophrenia
in Ontario.
We are very pleased that the Ontario Human Rights Commission has recognized this issue as a
violation of human rights for people who experience mental health difficulties. Our own members
have shared with us the devastating impacts that the sharing of this type of information can have.
As members of the Mental Health Police Records Check Coalition, we have been examining this
issue for some time, and we believe that substantive change is needed in the way police records
are shared in order to prevent discrimination against people with mental illness.
Overall, we support the submission presented by the Mental Health Police Records Check
Coalition (please see Appendix A). This includes the recommendations presented by the Coalition,
which ask that the draft policy be amended to:
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State that only criminal convictions for which a pardon has not been granted be released;
Encourage employers, schools and organizations to determine an individual's suitability for
a position based on an interview and/or references, as opposed to a police record check;
Define the term "consent" to ensure that it is understood to mean voluntary, informed and
not coerced;
Reflect clear guidelines respecting the retention and expungement of records related to
non-criminal contact with police;
Be sensitive to the usage of value-laden language such as "information of concern" as this
denotes criminality when it is being conveyed as part of a police record check. More
neutral language is required;
Require that every police service provide education and training to its staff on the
discriminatory impact of reporting such information, and adopt an anti-discrimination policy;
and
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Recommend a standardized process for police record checks across Ontario to ensure
equity and consistency.
The Schizophrenia Society of Ontario believes that in order to prevent discriminatory hiring
practices against people with mental illness, additional steps must be taken to strengthen this draft
policy. In your letter to Chief Terry McLaren of the Peterborough-Lakefield Community Police
Service dated January 22, 2007, you refer to the recent changes adopted by the London Police
Service (LPS) in regard to police record checks. We echo your support for the LPS's positive
approach to ensuring that background check and screening services comply with the Code. The
Schizophrenia Society of Ontario recommends that, in addition to the points presented by the
Mental Health Police Records Checks Coalition, the draft policy be amended to reflect the
concrete and proven actions taken by the London Police Service. This includes:
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Requiring organizations to provide evidence as to why a police record check is
necessary for the position in question. Presently, the draft policy states that
organizations should "be prepared" to provide sufficient information concerning the nature
of the position being screened for. We believe a change in organizational practices will
only occur if and when organizations are required to provide that information in their
request.
Recommending a standardized police record request form for all police services,
which includes details about the position in question so that screening officers can
make an objective risk assessment. Currently, the draft policy suggests that police
services undertake individualized risk assessments to determine whether the release of
information is appropriate. We would like the policy to put more emphasis on detailed
request forms, such as the one used by LPS (see Appendix B). It is only with specific
information about the position in question that a screening officer will be able to make a
judgment about whether to convey a concern. A detailed, standardized request form will
make this type of risk assessment more accurate and less onerous for police.
As indicated in the draft policy, training of screening officers will be necessary to ensure that risk
assessments are carried out appropriately.
Overall, we would like this policy to reflect a balance in the responsibilities of the requesting
organizations and of police services. A simple strategy such as the creation of detailed,
standardized forms which require organizations to prove why a police record check is necessary
will go a long way in protecting human rights.
If the Schizophrenia Society of Ontario can be of any further assistance in the development of this
policy, please contact Vani Jain, Justice and Mental Health Program Coordinator, at (416) 4496830. Thank you again for the opportunity to participate in the consultation process.
Sincerely,
Vani Jain
Program Coordinator
Justice and Mental Health
Schizophrenia Society of Ontario
Ursula Lipski
Director, Policy and Research
Schizophrenia Society of Ontario
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