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I have a business in Toronto, and have had a business licence…

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I have a business in...
I have a business in Toronto, and have had a business licence for 15 years. It came up for renewal, and they want me to get my finger prints taken and sent to the RCMP, because of a police check. 31years ago i was in an altercation, and charge by the Toronto police. Plead guilty to common assault, paid a $400.00 fine, and got on with my life. I have a passport, i have a sin number , have a birth certifacate, and i have all my licences for my respected business. I have given them this information 15 years ago, and i feel this is a violation of my rights, since everyone else is not providing the government with there finger prints for a business licence.I have nothing to hide,and run a very successful business, but i will be damed if i am going to give them my finger prints, when they took them 31 years ago, and now want to update there files ? Does this fall under the privacy act ? I find it hard to believe that the people who charge me , do not have enough information about me already
Submitted: 8 years ago.Category: Canada Law
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6/10/2010
Lawyer: Yossarian (user name), Lawyer replied 8 years ago
Yossarian (user name)
Category: Canada Law
Satisfied Customers: 957
Experience: Lawyer
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What type of business do you run?

 

Why do you believe that other applicants do not have to provide their fingerprints?

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Customer reply replied 8 years ago
I have a mechanical contracting business, (plumbing, sheet metal, hvac )and have been in business for about 21 years. In the past, i have had to provide a police check for business licences, but never finger prints. This is a renewal of my licence, that i have held for over 15 years. I believe this is the governments way of updating their files. If they have all my information to provide me with a passport, sin number, health card, drivers licence, certificate's of qualification of my trades, why do they need my finger prints ? I find this to be an invasion of my rights. They don't make ever applicant provide finger prints, why me, because i was once guilty of a crime. I paid my debt, i feel i am being discriminated against, because of record of offenses.
Lawyer: Yossarian (user name), Lawyer replied 8 years ago

Unless you are being singled out for fingerprinting, you do not have a discrimination case on the basis of your record of offences. If all applicants for the license need to be fingerprinted as part of the police check you are not being treated differently than anyone else.

 

While I do not believe that you would succeed in court if the fingerprinting policy is being applied universally, you could attempt a Charter challenge on the basis of section 7. In a similar vein, while a complaint is unlikely to succeed, you could file a complaint about this practice with the federal Information and Privacy Commisssioner. The Law Society of Upper Canada's Lawyer Referral Service(NNN) NNN-NNNN XXXXX) can provide you with names of constitutional litigation lawyers and privacy law lawyers in Toronto.

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Lawyer: Yossarian (user name), Lawyer replied 8 years ago

Unless you are being singled out for fingerprinting, you do not have a discrimination case on the basis of your record of offences. If all applicants for the license need to be fingerprinted as part of the police check you are not being treated differently than anyone else.

 

While I do not believe that you would succeed in court if the fingerprinting policy is being applied universally, you could attempt a Charter challenge on the basis of section 7. In a similar vein, while a complaint is unlikely to succeed, you could file a complaint about this practice with the federal Information and Privacy Commisssioner. The Law Society of Upper Canada's Lawyer Referral Service (416-947-3300# 5000) can provide you with names of constitutional litigation lawyers and privacy law lawyers in Toronto.

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