Mr. Speaker, I am pleased to take part in the debate today on Bill C-284 introduced by the member for Calgary Centre.
As we look at the bill we believe the purpose of its enactment is to provide for a specific instance where the public interest in a limited disclosure of the record of a conviction that has been pardoned supersedes the right to privacy of the pardoned person. The instance referred to is where the conviction was for a sexual offence against a child and the person convicted applied for a position of trust with respect to a child or children.
The disclosure would be made only to those with responsibility for the child or children who are considering the application. Unauthorized disclosure by them would be an offence as we understand the motion before us.
The bill also amends the Canadian Human Rights Act to provide that job requirement and hiring practice for child trust positions that discriminate against a person on the ground of a pardoned sexual offence against a child are not discriminatory practices giving rise to an offence under the act.
The bill addresses serious safety concerns for children in our communities. The bill strikes a sufficient balance between the rights of the individual and the safety concerns of society. We are in support of it.
The bill provides safeguards and limitations for the release of personal information regarding a person who has been pardoned. The bill ensures that information can only be requested by a prospective employer in relation to an employment application. In other words, it cannot be indiscriminately given out or requested from anyone. There is a clear protocol for the release of information about the individual concerned and serious penalties for wrongful disclosure of the information.
These measures adequately protect individuals from the misuse of personal information of the limited group of individuals we are talking about this afternoon. It is important, however, to recognize that when a pardon is granted it is recognition the offender has demonstrated real progress, restitution and rehabilitation and the powers the bill would bring into play are not exercised lightly.
The release of any information about an individual by the state must be undertaken with the greatest of discretion and caution, and all appropriate safeguards must be respected.
One improvement to the bill with regard to privacy concerns would be a provision for the notification of the individual that a request has been made for the disclosure of the individual's criminal record and pardon. This would give the individual the opportunity to withdraw an application for employment prior to the disclosure of the individual's personal information as opposed to being notified upon disclosure.
Overall the bill addresses a very serious concern for the safety of our children, communities and society as a whole. The bill could prevent future tragedies in our communities. If even one child can be spared it is worth pursuing.