Note
"February 28, 2007."
The original document was published on the public website of the Government of Ontario.
© Queen’s Printer for Ontario, 2007. Reproduced with permission.
Résumé
On January 29th, 2007, representatives of the Ontario Information and Privacy Commissioner’s office (IPC), the Canadian Civil Liberties Association (CCLA), and the Metro Toronto Chinese & Southeast Asian Legal Clinic (the "Clinic") met with Toronto Police Services Board (the "Board") Chair, Dr. Alok Mukherjee, Board member Hamlin Grange, employees of the Board and the Toronto Police Service (TPS), and representatives of the Royal Canadian Mounted Police (RCMP). The purpose of the meeting was to learn about and discuss a proposed policy on the destruction of "Adult Fingerprints, Photographs, and Records of Disposition" associated with non-conviction dispositions ("NCD records"). The proposed policy is now being reviewed by the Board. The Chair of the Board asked the IPC, the CCLA, and the Clinic to make submissions on the proposed policy (the "Policy") in anticipation of bringing a revised policy to the full Board for its approval. Accordingly, we are providing submissions that identify particular concerns and ten recommendations. Together, these recommendations provide a Record Handling Blueprint that outline the principles and framework for a policy which would both protect fundamental rights and allow for the appropriate retention of NCD records. The recommendations are tied to three themes derived from jurisprudence under the Charter and fair information practices. The three themes are: 1) responsible record handling, 2) limited and focused retention decisions founded on fair and appropriate procedures, and 3) accessible, independent and impartial review.