Tuesday, September 29, 2009

Canadian Provincial Court Checks versus CPIC Criminal Check

A client recently asked why I don't offer Canadian Provincial Criminal Court Check versus only offering what is known as the Canadian CPIC Check. We’re also occasionally asked why many of our international criminal research require so many different forms required by overseas government authorities when their previous provider didn’t require them to provide such documents in order to perform their checks in past. We of course invariably ask, so what do you get in return for the criminal searches you sent them? Have you ever received an actual record back? Do you receive any sort of government document that attests to the actual results they provided? Of course in 99% of the cases and after thousands of checks they have never received such results. Surprised? This clearly poses some interesting questions we will be covering in future discussions. In the meantime;

Canadian Provincial Court Checks versus CPIC Criminal CheckTo answer the question of Canadian Provincial Court Checks versus CPIC Criminal Check we shared with our client that although performing court checks throughout the US (i.e. county, state, and federal levels) is the best practice it should not be considered best practice in Canada. The best practice type of Canadian criminal check is best performed through the Canadian CPIC system which is a national criminal history database system maintained by the Canadian Royal Mounted Police.

There are many reasons for this such as the fact that court data is not as efficiently maintained at the local and provincial court level in Canada as they are here in the US. Unlike the US there is no local court retriever network in place to actually perform a live search of records without having to travel great distances which causes increased cost. Additionally, the fact is that throughout Canada there may be multiple courts that service either a local city or territory in Canada. Not all cases that are heard at the local court ever make it to the “provincial court level” and vice versus. As such, unless all courts at the Provincial and local level are searched there may be many criminal cases, many of which may be serious that could go unreported (missed records).

Recent Case History, Celebrity HomicideA recent high profile celebrity homicide exemplifies this very issue that involved a retail screening firm who relied on a well known, prominent wholesale international criminal provider who sells “Canadian Provincial Court Checks”. If you remember the homicide case involving TV contestant Ryan Alexander Jenkins allegedly killing his former swimsuit model ex-wife Jasmine Fiore last month. It was later determined that the retail screening firm was hired by the production company to screen its contestants had relied on an international wholesale criminal provider to perform a “provincial court check”. At the time the check was done it was reported back as a “No Record Found”. One court was allegedgly checked when in fact five other courts were also responsible for servicing this particular area of Canada. It is now clear as things have unfolded in recent media; Jenkins in fact had a substantial criminal history throughout Canada (Alberta and other Provinces) to include convictions involving domestic violence. The actual records were later found in other courts not searched by the international provider.

This is a hot issue in the screening industry today. Surprisingly enough there are many firms that offer criminal record service from every country on the planet. Doing business with such firms can be a risky proposition at best.

In closing if you have specific questions regarding what may be considered best practice in screening candidates from various countries please feel free to post your questions.

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