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Screening:
Background

 

The day NHL hockey player Sheldon Kennedy testified that his coach, Graham James, sexually abused him hundreds of times when he was a boy, is the day that screening became a reality for many organizations. Kennedy not only settled the score with his coach by agreeing to testify but his admission also signaled the end of the unspoken agreement by many victims to stay silent about abuse.

This story is not limited to sport. The story of Gary Blair Walker haunts many social agencies. Walker admits to having sexually molested over 200 boys over the course of 30 years while he held a variety of positions of trust as a paid worker, and as a volunteer. He was at different times a sport coach, a police officer, a Scout master, a church camp counsellor, a school bus driver and a martial arts instructor.


Federal Commitment

In the speech from the Throne on January 18, 1994, the Government of Canada declared its commitment to combating violence against women and children. Shortly thereafter, representatives of the Departments of the Solicitor General Canada, Justice Canada, and Health Canada, and the Royal Canadian Mounted Police were appointed to an Ad Hoc Interdepartmental Working Group on Information Systems on Child Sex Offenders. The Working Group's mandate was to address the following question: "How can federal and provincial information systems be strengthened to provide better information to police services and organizations conducting background checks on people seeking paid and/or volunteer work in areas where they will have direct access to children?" A series of consultations was held across Canada. Participants included representatives from provincial governments, police agencies, and public and voluntary sector organizations.

The importance of appropriate and thorough screening of applicants for positions of trust with children and with other vulnerable individuals was a consistent theme of these consultations. Furthermore, the use of police information systems was clearly identified as an important screening measure, and the strengthening of such systems was encouraged.


National Education Campaign on Screening (NECS)

In November 1994, the Honourable Herb Gray, Solicitor General of Canada, announced that his Department, in cooperation with Justice and Health Canada, would be taking the lead in providing public education on screening, through the National Education Campaign on Screening Volunteers and Employees in Positions of Trust with Children and Other Vulnerable Individuals, a project to be undertaken by Volunteer Canada.

The overall purpose of the project was to make training and resources about screening volunteers working with at-risk populations, widely available. Since the project began a great deal has been accomplished, often in the context of unforeseen developments such as the emergence of the Sheldon Kennedy/Graham James story and the ensuing media and public interest in the issue of screening.


NECS Achievements

Resources

Activities

  • Eighty-five trainers across Canada participate in training sessions
  • Two thousand charities and nonprofits take training.
  • An additional 500+ palliative care organizations attend subsidized, customized training on screening.
  • National Education Campaign on Screening gets considerable media coverage.

The National Education Campaign on Screening has been a resounding success. It has provided necessary and highly regarded resources and has opened access to training and consultation on these issues to thousands of agencies in all parts of the country. The project has spun off a number of related provincial initiatives. The investment of the federal government in this project has had, and will continue to have, a direct impact on the safety and well being of children and other vulnerable people in Canada.


Screening Terminology

Duty of Care
The concept of duty of care identifies the relationship that exists between two persons (e.g. two individuals, an individual and an organization) and establishes the obligations that one owes the other, in particular the obligation to exercise reasonable care with respect to the interests of the other, including protection from harm. The duty of care arises from the common law, as well as municipal, provincial, federal and international statutes.

Liability
Liability refers to the duties, obligations or responsibilities imposed on a person by common law or by statute. As it is commonly used, we speak of a person or organization being held legally liable for something, i.e., through a legal action, the individual or organization has been found legally responsible for an action or inaction in a particular set of circumstances and is required to pay damages to someone harmed as a result.

  • Occupiers' Liability: requires that the person (an individual, an organization) in possession of premises owes a duty of care to those who come on the premises and must take reasonable care to protect them from harm that might come through their programs, on their premises or at the hands of a third party on the premises.
  • Direct Liability: deals specifically with the issue of fault.
  • Vicarious Liability: is the liability an organization takes on for the actions of those who function on its behalf.

Police Records Check
The process of securing information from the police about individuals, as well as to describe the form or report in which information is provided. It may include a check of national or local and regional police records. At the end of the process, a report is issued. The report may simply identify whether or not someone has a criminal record, or it may provide details of actual offences. Just as the process varies among police agencies, so too do the report forms.

Position of Trust
A position of trust identifies a setting in which someone is placed in a position of authority over another person in an ongoing relationship. A position of trust implies that someone has some degree of power over another, that the relationship is unequal. Individuals in positions of trust may be family members, friends, caregivers, volunteers, or employees.

The question of whether a position of trust exists depends on the relationship and on the degree of authority, reliance and dependence in it, and not on the question of payment or salary. People may also assume positions of trust with respect to finances, rather than individuals.

Standard of Care
The standard of care refers to the degree or level of service, attention, care, and protection that one person owes another according to the law, usually the law of negligence. The required standard varies according to the circumstances of each situation, and determining the appropriate standard is often not a simple matter.

Volunteer
A volunteer is an individual:

  • Who chooses to undertake a service or activity; someone who is not coerced or compelled to do this activity
  • Who does this activity in service to an individual or an organization, or to assist the community-at-large
  • Who does not receive a salary or wage for this service or activity.

Vulnerable Person
This term is used to denote individuals who have difficulty protecting themselves and are therefore at greater risk of harm. People may be vulnerable because of age, disability or handicap, or circumstances. Vulnerability may be a temporary or a permanent condition.

This is purposely a broad definition, one that can include children, youth, senior citizens, people with physical, developmental, social, emotional, or other disabilities, as well as people who are victims of crime or harm.

Vulnerable person will also include people who have been victims or crime or accident, or are otherwise left with little defence against those who would harm them.


Federal Law and Social Policy

 

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