BILL NO. 36
2nd Session, 63rd General Assembly
67 Elizabeth II, 2018
Private Member's Bill
Police Street Checks Act
First Reading: September 14, 2018
AND WHEREAS the Government of Nova Scotia is committed to ending racism, and recognizes the existence of racial profiling in some interactions between police officers and African Nova Scotians in particular;
AND WHEREAS such interactions diminish public trust in the justice system, perpetuate negative stereotypes of criminality and race, and have the potential to further marginalize individuals and communities who have been previously disadvantaged;(a) "Minister" means the Minister of Justice;
(b) "police officer" means a member of the Provincial Police, the Royal Canadian Mounted Police, a municipal police department or another police department providing policing services in the Province;
3 (1) Upon the coming into force of this Act and until such time as the Governor in Council makes regulations pursuant to subsection 7(1), police officers are prohibited from collecting, releasing or retaining identifying information about an individual who has not been arrested or charged with an offence.
(2) In furtherance of the duty to serve and protect, police officers shall interact with and rely on members of the public to provide investigative and intelligence information, provided the interaction is consensual on the part of the member of the public.
5 (1) The Minister shall prepare and provide to the panel proposed rules governing the collection, release and retention of identifying information about an individual who has not been arrested or charged with an offence.
(a) the proposed rules prepared by the Minister governing the collection, release and retention of identifying information about an individual who has not been arrested or charged with an offence; and
(b) whether existing records respecting identifying information about individuals who have not been arrested or charged with an offence should be retained and, if records are retained, what conditions or restrictions should be attached to the retention of and access to those records.
7 (1) The Governor in Council shall make regulations pursuant to the Police Act, effective September 1, 2020, prescribing the processes and parameters for the collection, release and retention of identifying information about individuals who have not been arrested or charged with an offence.
(2) Upon the coming into force of the regulations referred to in subsection (1), an agency, as defined in the Police Act, shall destroy any records collected prior to the coming into force of those regulations, if the collection of those records would have been in contravention of those regulations had they been in force at the time of collection, unless the Minister has been advised by the panel regarding rules respecting the preservation of records to be adopted to further historical or other research.
- (ba) violating any provision of the Canadian Charter of Rights and Freedoms;
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