When the Government of Alberta made changes to the Local Authorities Election Act, it included a provision for municipalities to require a criminal record check to run for office.
They didn’t say if or how it had to be made public. As a result, many of the criminal record checks may never see the light of day.
Back in November 2024, Calgary city council went ahead with requiring a criminal record check for those candidates seeking office.
At that time, the soon-to-be former Ward 3 Coun. Jasmine Mian said that increasingly, citizens are seeking public trust in government.
“I think honesty is the best policy, and I think there are legitimate concerns, but I think that if you own your past and just talk about it transparently with the public, they appreciate that,” she said at the time.
City of Calgary officials said at the time that having a criminal record check does not disqualify someone from running for office, but it did raise potential privacy concerns. Police checks typically aren’t public information, said Shawn Swinn with the city’s legal department.
“Many people out there do have criminal records for various offences, some major, some were minor. They could have happened many years in the past. I would just offer up for consideration the possibility that such a requirement might dissuade, or otherwise deter, people from putting their name forward as a candidate,” Swinn said at the time.
A prior criminal offence itself also doesn’t necessarily mean someone isn’t able to put forward their nomination papers. They are ineligible to run if they have been convicted of an offence under the Local Authorities Election Act, the Election Act, the Election Finances and Contributions Disclosure Act or the Canada Elections Act.
A person may also be disqualified if, on or after the day of the nomination, they are convicted of an offence punishable by imprisonment for five or more years or under sections 123, 124 or 125 of the Criminal Code, or “uses or expends a contribution in contravention of section 147.23.”
Disclosure of the criminal record check
According to the Elections Calgary rules posted to the website, the criminal record check submitted for candidates must have been dated within the past six months. It did not have to include a vulnerable sector check.
When the idea was discussed last year, then-Coun. Sonya Sharp, who is now running for mayor, said that you need a police check to volunteer at your child’s school, or to coach community sports. It should be no different for members of council.
“I think it should be required in all levels, as elected officials from city, provincial and federal, and if you have a fundamental problem with getting a background police check to run, you should not be running,” she said back in October.
With nine mayoral candidates and 78 citizens running for council, the question has come up: What’s to be made of the criminal record checks?
Perhaps nothing. Unless you are so inclined to inquire.
“A person may request to examine candidate nomination papers during regular business hours and in the presence of Elections Calgary staff, including the criminal record check that accompany nomination papers [LAEA Section 28(6) and 28(6.2)]. Please note, candidate mailing addresses are redacted [LAEA Section 28 (6.2)],” read a statement from Elections Calgary.
Interested parties have to make an appointment with Elections Calgary to view the papers during regular business hours of 8:30 a.m. to 4:30 p.m.
The cost to candidates for a police check is $75. The candidate deposit for councillors and trustees is $100, and for mayoral candidates it’s $500.
