wood Posted December 28, 2011 Report Share Posted December 28, 2011 Hi guys, As we know, if you are accepted into a Canadian medical school, you are required to summit a Criminal Record Check, including a Vulnerable Sector Screening check. So if someone was arrested and charged with criminal offenses, but the charges were later on dropped, so this person does not have a criminal record. Will the medical school refuse to take this applicant? Or can he practice medicine in the future? Thanks in advance! Link to comment Share on other sites More sharing options...
Jochi1543 Posted December 28, 2011 Report Share Posted December 28, 2011 I would venture to say it wouldn't be a problem if the charges were dropped, but you should really call the College of Physicians & Surgeons in your province (or the province where you hope to practice) to check. It's the College that makes the final call. If the College says it's ok, make sure you get that stated in writing so that if there's any problem after you get admitted, you can present the school with that document. But if the charges were dropped, you were never proven guilty, so I don't think it'll be an issue. Link to comment Share on other sites More sharing options...
wood Posted December 28, 2011 Author Report Share Posted December 28, 2011 I would venture to say it wouldn't be a problem if the charges were dropped, but you should really call the College of Physicians & Surgeons in your province (or the province where you hope to practice) to check. It's the College that makes the final call. If the College says it's ok, make sure you get that stated in writing so that if there's any problem after you get admitted, you can present the school with that document. But if the charges were dropped, you were never proven guilty, so I don't think it'll be an issue. Thanks, Jochi. Link to comment Share on other sites More sharing options...
Dino Posted December 29, 2011 Report Share Posted December 29, 2011 Hi guys, As we know, if you are accepted into a Canadian medical school, you are required to summit a Criminal Record Check, including a Vulnerable Sector Screening check. So if someone was arrested and charged with criminal offenses, but the charges were later on dropped, so this person does not have a criminal record. Will the medical school refuse to take this applicant? Or can he practice medicine in the future? Thanks in advance! If the charges were dropped, nothing will show in your criminal background check. Canada has strong privacy laws and , unlike in the U.S., your arrests record cannot be included in the background check, because being arrested doesn't mean being guilty. Link to comment Share on other sites More sharing options...
wood Posted December 29, 2011 Author Report Share Posted December 29, 2011 If the charges were dropped, nothing will show in your criminal background check. Canada has strong privacy laws and , unlike in the U.S., your arrests record cannot be included in the background check, because being arrested doesn't mean being guilty. Thanks for the reply, Dino. Link to comment Share on other sites More sharing options...
wood Posted December 29, 2011 Author Report Share Posted December 29, 2011 Can someone let me know that when you apply for Canadian medical schools, do they ask you questions like: have you ever been arrested and/or charged with any criminal offenses? Do they ask a question like this on the application form? Thanks in advance! Link to comment Share on other sites More sharing options...
Let'sGo1990 Posted December 29, 2011 Report Share Posted December 29, 2011 Ironically I was wondering about this the other day. What would happen if you were actually convicted of a crime? Link to comment Share on other sites More sharing options...
Jochi1543 Posted December 29, 2011 Report Share Posted December 29, 2011 Ironically I was wondering about this the other day. What would happen if you were actually convicted of a crime? You have to contact the College, like I said earlier. Depending on what the crime is, you may be forbidden from being licensed. Link to comment Share on other sites More sharing options...
apache Posted December 29, 2011 Report Share Posted December 29, 2011 it's illegal to discriminate against employment when someone has had a pardon for a crime in which they were previously convicted, this leads me to the conclussion that asking the question "have you, in the past, had a criminal record for which a pardon has been granted", is also illegal, as it serves no legal evaluative basis to the employer. if crimes that you have been convicted of and pardoned for are covered under anti-discrimination law, i would presume a question regarding arrest would as well. check out section 5 of the ontario civil rights code: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm#BK6 i'm sure there's something on there about educational institutions (maybe under equal rights to public bodies somewhere). don't feel like anything is your fault, you were charged, however, the charges were dropped, you did nothing wrong. on an aside, pick up some core law texts and read through them one summer, everyone thinks the material is dry and boring, but the texts i've read have come in handy quite a few times ... Can someone let me know that when you apply for Canadian medical schools, do they ask you questions like: have you ever been arrested and/or charged with any criminal offenses? Do they ask a question like this on the application form? Thanks in advance! Link to comment Share on other sites More sharing options...
apache Posted December 29, 2011 Report Share Posted December 29, 2011 yeah, the college is pretty stringent about things regarding vulnerable sector crimes (children, the elderly, the handicapped), but for most minor crimes you'll likely just have practice restrictions (i.e. random urine tests for a possession of a scheduled substance conviction) or be allowed to practice without restrictions, the restrictions, or lack therof, depend on the nature of the crime. You have to contact the College, like I said earlier. Depending on what the crime is, you may be forbidden from being licensed. Link to comment Share on other sites More sharing options...
xkittens Posted December 29, 2011 Report Share Posted December 29, 2011 Are minor things like public intoxication or possession of small amounts of weed going to show up on your criminal record? Link to comment Share on other sites More sharing options...
Dino Posted December 29, 2011 Report Share Posted December 29, 2011 Ironically I was wondering about this the other day. What would happen if you were actually convicted of a crime? Then, you will have a criminal record. It's up to the university to decide if they will allow you to go on based on the nature of the crime and how long ago it happened. If it's of a sexual nature, I believe you're cooked. Link to comment Share on other sites More sharing options...
Dino Posted December 29, 2011 Report Share Posted December 29, 2011 Are minor things like public intoxication or possession of small amounts of weed going to show up on your criminal record? Only if you went to court and got convicted. They cannot put anything for which you haven't been convicted by a judge or jury in your criminal record. Due process is required to maintain the little fairness left in the judicial system. Juvenile records are "sealed"* and not included. * Contrary to popular belief, law enforcement agencies still have access to them, but cannot use them as evidence. Link to comment Share on other sites More sharing options...
wood Posted December 30, 2011 Author Report Share Posted December 30, 2011 it's illegal to discriminate against employment when someone has had a pardon for a crime in which they were previously convicted, this leads me to the conclussion that asking the question "have you, in the past, had a criminal record for which a pardon has been granted", is also illegal, as it serves no legal evaluative basis to the employer. if crimes that you have been convicted of and pardoned for are covered under anti-discrimination law, i would presume a question regarding arrest would as well. check out section 5 of the ontario civil rights code: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm#BK6 i'm sure there's something on there about educational institutions (maybe under equal rights to public bodies somewhere). don't feel like anything is your fault, you were charged, however, the charges were dropped, you did nothing wrong. on an aside, pick up some core law texts and read through them one summer, everyone thinks the material is dry and boring, but the texts i've read have come in handy quite a few times ... Some med school does ask questions like that in their app form, so I was just wondering if they will refuse to take an applicant who was arrested and charged with criminal offenses before (even though the charges were dropped later on and this person never even went to court). Link to comment Share on other sites More sharing options...
Dino Posted December 30, 2011 Report Share Posted December 30, 2011 it's illegal to discriminate against employment when someone has had a pardon for a crime in which they were previously convicted, this leads me to the conclussion that asking the question "have you, in the past, had a criminal record for which a pardon has been granted", is also illegal, as it serves no legal evaluative basis to the employer. if crimes that you have been convicted of and pardoned for are covered under anti-discrimination law, i would presume a question regarding arrest would as well. check out section 5 of the ontario civil rights code: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm#BK6 i'm sure there's something on there about educational institutions (maybe under equal rights to public bodies somewhere). don't feel like anything is your fault, you were charged, however, the charges were dropped, you did nothing wrong. on an aside, pick up some core law texts and read through them one summer, everyone thinks the material is dry and boring, but the texts i've read have come in handy quite a few times ... Regardless of provincial statutes, even pardoned sexual offenses will show up on your vulnerability sector check. Even if the applicant is the best they have, there are ways to make them disappear if their personality doesn't "fit" the "profile". Sex offenders tend to re-offend when the temptation is there. Remember the AdComs have a responsibility to the community to chose professionals who are not likely to diddle children, the elderly or anyone else. Link to comment Share on other sites More sharing options...
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