Sexual offences can be pardoned. However, when certain sexual offences are pardoned, the individuals name is entered into a flagged database. By placing a ‘flag’ on the records of sex offenders through the Canadian Police Information Centre (CPIC), police can be alerted that a pardoned record exists in the event of a Vulnerable Sector Search.
The flag means the record reflects that they have been convicted of a sexual-type offence, though the details have been removed by the pardon. The flag is not searchable through ordinary searches. However, when an individual who has been pardoned for a sex offence has applied for a job that involves working with children or vulnerable persons, a member of a police force or other authorized body may verify whether the applicant has been pardoned, by conducting a Vulnerable Sector Search. Before doing so, however, they must obtain the applicant’s consent in writing.
The term “vulnerable persons” generally refers to children, the elderly and the mentally infirm. A person or organization that obtains information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.
