Mr. Speaker, with regard to (c), it should be noted that Public Safety Canada does not have input into parts (a) and (b) of this question. The feasibility of the potential automation of record suspensions is currently being studied and considered as part of broader record suspension program reforms. Public Safety Canada, in collaboration with portfolio partners the Royal Canadian Mounted Police and the Parole Board of Canada, is currently engaging with key criminal justice stakeholders and federal, provincial and territorial partners on the potential implementation of an automated sequestering of criminal records system in Canada. Former prostitution-related offences may be considered for eligibility, along with other offences, as the government moves forward with exploring a potential automated sequestering of criminal records system.
With regard to (a), in relation to section 210, former section 212(1)(j), and former section 213(1)(c) of the Criminal Code and specific to the offences above, the Canadian Police Information Centre, CPIC, conducted a review on the investigative databank to ascertain what information was entered by police services into CPIC concerning former prostitution offences committed prior to 2014. Findings indicate that information pertaining to these offences remains available under several CPIC records categories, including “accused person”, “wanted person” and “prohibited person”. The criminal record in the identification databank on CPIC does not contain information as to when offences were committed. Only the final disposition information provided by the police of jurisdiction is entered into that criminal record, that information being disposition date, section of the Criminal Code and final disposition information. Charges that do not result in convictions, such as acquittals and withdrawals, are available only to Canadian law enforcement partners for limited criminal identification and investigative purposes and are generally not included in criminal record checks for civil purposes, per the dissemination of criminal record information policy.
With regard to (b), the circumstances of a prostitution offence, or any offence, are only available from the originating agency’s reports and/or record management system. However, there is an option when an individual has been added to the investigative databank of CPIC for an agency to add more information under the “Remarks” field. This field provides investigators with the option to indicate why an individual is of interest or wanted by the police, instructions to the person conducting the query when further action is required, or to clarify any other information related to the record, such as additional convictions, additional warrants, publication bans, failure to attend court, probation or release conditions, and firearms prohibitions. Information as to the circumstances of the offence is not recorded or visible on the criminal record in the identification databank on CPIC.