Ed Prutschi Discusses New Legislation That Limits Disclosure of Records

Drafting Legal Papers

A law has finally been approved that will prohibit the disclosure of police records of non-convicted Ontario residents. In the past, people who were accused of crimes, committed to hospitals due to mental health issues, or were believed to be associated with certain crimes had records compiled on them. Even once charges were acquitted, these records could be disclosed.

Innocent Ontario residents found their ability to work, travel, or volunteer hindered due to these records. In many cases, people didn’t even know they existed. These records aren’t even formal “criminal records”, yet they’re still there and can have the same impact.

This legislation does not necessarily destroy these records and police can still retain them for their own purposes, but they are not allowed to disclose them. While the law has passed, the question remains as to whether police will follow the new rules.

Listen to the full discussion:

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About the author

I am one of the senior partners at Bytensky Shikhman, a criminal litigation firm in Toronto, Ontario, Canada. In my 25+ year career, I have conducted numerous trials and appeals before all levels of Court in Ontario, defending just about every type of charge in our criminal law. I am also an Adjunct Professor of Trial Advocacy at Osgoode Hall Law School and currently the Treasurer of the Criminal Lawyers' Association of Ontario. I am also an Adjunct Professor for Trial Advocacy at Osgoode Hall Law School, York University and a regular lecturer and placement supervisor for Osgoode's Intensive Programme in Criminal Law.

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