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Criminal record
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matchstick_man



Joined: 21 May 2003
Posts: 244
Location: Taiwan

PostPosted: Tue Nov 23, 2004 3:34 am    Post subject: Criminal record Reply with quote

Is it a new requirement in Taiwan to have one? http://www.eslcafe.com/joblist/index.cgi?read=9233

All the other requests for documentation look reasonable.
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markholmes



Joined: 21 Jun 2004
Posts: 661
Location: Wengehua

PostPosted: Tue Nov 23, 2004 6:08 am    Post subject: Reply with quote

Go and smash a window at 7-11, that'll do it.

Murderers are probably over qualified.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Thu Nov 25, 2004 6:22 am    Post subject: Reply with quote

Foreign Criminal record checks are only required for those applying for Permanent Residency. I have seen no reports about teachers being required to have a foreign criminal record check.
Local Criminal record checks are done when you enter the area controlled by the Republic of China. If you have a criminal record in the ROC then you may have some problems getting an ARC as a teacher.
The Republic of China has no information sharing agreements with any international law enforcement agency. That means if they want to check to see if you have a criminal record in other countries the ROC must abide by those countries laws and regulations. In most all progressive nations such information is not made available without the written permission of the individual being checked.
In Canada there is no provision to supply such information even if it is requested by Canadian Citizens about themselves.
Right to privacy is an alien concept in the Republic of China on Taiwan.
Good luck,
A.


Last edited by Aristotle on Wed Dec 01, 2004 5:19 am; edited 1 time in total
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Thu Nov 25, 2004 7:38 am    Post subject: Reply with quote

Aristotle wrote:
In Canada there is no provision to supply such information even if it is requested by Canadian Citizens about themselves.

I'm not sure if this is just an ambiguous statement or what. Do you mean that Canada will not provide Taiwan with information re: Canadians' criminal backgrounds; or that Canadians cannot access this information about themselves, even if they request it? It seems you are suggesting the latter. If so, you are wrong.
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Dr_Zoidberg



Joined: 29 Sep 2004
Posts: 406
Location: Not posting on Forumosa.

PostPosted: Thu Nov 25, 2004 9:24 am    Post subject: Reply with quote

I had my local constabulary conduct a criminal record check before I left home just in case someone here decided they wanted one. It took two weeks and cost $40.00
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Rice Paddy Daddy



Joined: 11 Jul 2004
Posts: 425
Location: Japan

PostPosted: Thu Nov 25, 2004 3:57 pm    Post subject: Reply with quote

Quote:
In Canada there is no provision to supply such information even if it is requested by Canadian Citizens about themselves.

Aristotle, I was wondering what you meant also.

I know that in Canada we can request and pay for criminal records checks for certain types of jobs (ie. teaching).

Funny this topic should come up....

I was talking to a Canadian guy from Vancouver Island.

The guy tells me that he was living in Vancouver, in a house, and looking after a grow-op (a house used to grow dope). He was basically a "water boy" for those in charge.

The cops raid the house and he is charged with multiple crimes.

The charges haven't reached the court stage yet but he's been officially charged.

Now, here's the clincher for me....

Taiwan (TECO) in Vancouver gives the guy and his buddy each 3 year multiple re-entry vistor visas Shocked

He comes to Taiwan and now works with kids all day long.

Granted, his charges aren't violent.

Moreover, the guy has no degree.

So, no degree and pending criminal charges and he's given a 3 year visa to teach illegally.

You know, we can blame the 'hucksters' for coming to places like Taiwan to make money. The Taiwanese government makes it easy for them to come here.

The bottom line is, you gotta wonder how organized the government is and how clear their thinking is on laws involving foreign English teachers.

There are more people like this here than we'd suspect is my guess because it is so easy to 'use' the system here in Taiwan.

Time for Taiwan to get its act together because that's where the responisbility ultimately falls.
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markholmes



Joined: 21 Jun 2004
Posts: 661
Location: Wengehua

PostPosted: Fri Nov 26, 2004 3:04 am    Post subject: Reply with quote

Quote:
In Canada there is no provision to supply such information even if it is requested by Canadian Citizens about themselves.


I am quite sure this is not true.

In order to emigrate to Canada I had to supply police reports stating my criminal record from China, Japan, Taiwan and England. I would find it very odd if Canada wouldn't do the same.
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Fri Nov 26, 2004 4:31 am    Post subject: Reply with quote

Rice Paddy Daddy wrote:


Moreover, the guy has no degree.

So, no degree and pending criminal charges and he's given a 3 year visa to teach illegally.

You know, we can blame the 'hucksters' for coming to places like Taiwan to make money. The Taiwanese government makes it easy for them to come here...

Time for Taiwan to get its act together because that's where the responisbility ultimately falls.


I agree totally. It's common knowledge that Taiwan could deport all illegal, underqualified teachers if it had any will to do so. There are so many vested interests, though, and so many people on the take that it's unlikely that they ever will completely clamp down. The buxibans are a powerful lobby group. They pay their bribes. So do the language "schools" at which these backbackers enroll to extend their visas. When I think of how these losers are favored over my Canadian born Chinese partner who is bilingual, degree holding, tesl certified and experienced I start to get angry at Taiwan for its stupidity. The only reason for this preference is that a white face looks good in front of a class. It doesn't matter if that white face is qualified or even speaks English at all. I can't tell you how many times I've been out and met some guy from South America (or some other place) who can barely speak English at all. Jobs eventually come up in the conversation. Me: "What do you do?" non-English speaking guy: "Fine thank you and you?" Me: "No no." (slowly as if I'm talking to one of my students) "What----is----your-----job?" NESG: "Oh. I English teacher." As annoying as that sort is, the criminal element that could take advantage of the system here worries me most. Who the heck is teaching the kids here?!
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Fri Nov 26, 2004 5:02 am    Post subject: Reply with quote

Quote:
I had my local constabulary conduct a criminal record check before I left home just in case someone here decided they wanted one. It took two weeks and cost $40.00

This is what the RCMP stated. There is no provision in any law or regulation that requires the RCMP to do a criminal background check when it is requested by an individual. They will refer you to the local cop shop who will then check their records held locally to see if you have ever been charged in that jurisdiction. It is a courtesy and for the most part meaningless because a person could just go to a different town to get a clean record report.
Quote:
I agree totally. It's common knowledge that Taiwan could deport all illegal, underqualified teachers if it had any will to do so. There are so many vested interests, though, and so many people on the take that it's unlikely that they ever will completely clamp down. The buxibans are a powerful lobby group. They pay their bribes. So do the language "schools" at which these backbackers enroll...

Well said TaoyuanSteve Exclamation
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Fri Nov 26, 2004 5:37 am    Post subject: Reply with quote

I have to disagree, Aristotle. I'm not sure if you are Canadian, or have ever actually been there, but you have a right to this sort of information as a citizen and can access it on demand. The freedom of information act comes immediately to mind in terms of legislation guaranteeing you access.

Also, a criminal record follows you anywhere in Canada, not just the local jurisdiction. You apply for a criminal record check at your local police department (be it RCMP or local police). That doesn't mean you only have a record in that neighborhood. You are niether charged with a criminal offense nor convicted of it by your local police detachment in Canada. You are charged by "the crown," basically the Canadian government. To suggest you could get a clean report at another town's police department shows a fundamental lack of knowledge of Canada's legal system.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Wed Dec 01, 2004 5:07 am    Post subject: Reply with quote

Quote:
The freedom of information act comes immediately to mind in terms of legislation guaranteeing you access.

The Freedom of Information Act is an American law in Canada it's more commonly referred to as the Access to Information act.
Under the provisions of this act a Canadian citizen may request information about their criminal records. However the RCMP only keeps records about offenders who have committed a serious offenses (felony charges and convictions) and even then there is is a time limit depending on the offense.
All other criminal offenses can only be accessed at the provincial level. That means if you have a criminal record in one province in Canada you can simply go to another province to get no criminal record certification.

Quote:
This search reviews Canadian provincial records to determine if an individual has a criminal history. Each search contains only records from the province selected. This search is conducted by experienced and reputable court researchers at the provincial court level. This is the only way to be certain that a criminal record does not exist within a certain province. Your report may return felony charges and convictions, misdemeanor charges and convictions, case numbers, filing dates, final disposition and/or current status of the case. Please note that the record you receive will contain information for the selected province going as far back as eight to ten years.

http://www.efindoutthetruth.com/Canada.htm
I agree that convicted child molesters or sex offneders would have a tough time showing a clean criminal record in Cananda or most other progressive nations. However teachers in the ROC on Taiwan are not required to submit a criminal record check from their nation of origin or residence to obtain an ARC and work permit.
Criminals have always been more than welcome in the ROC.
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Wed Dec 01, 2004 5:30 am    Post subject: Reply with quote

Aristotle: are you Canadian or aren't you? The record of the kinds of offences that would keep you (rightfully) from obtaining a teaching job is readily available. Citizens have access tot his kind of information. Canada has legislation guaranteeing access. My mix-up on the name after years of living abroad doesn't change the fact that it exists. In your latest, you concede this. Thank You. You cannot simply, as you suggest, go to another precinct out of the area where you live, request a criminal record check and get a clean record as a result. That's just nonsense. And there is a time limit on some offenses, yes. I don't think a shop-lifting conviction you got when you were 20 should haunt you when you're 40. On the other hand a rape conviction ought to and would. Minor offences that result in prison terms of less than two years are handled by provincial authorities. More serious crimes are handled federally. You are correct in this. Not sure what relevence it has to this discussion. Not sure where you are leading this thread, but it's certainly off-topic now.

The original poster asked if a criminal record check was required. You have now turned this into an argument about Canadian law with the ultimate goal of trying to portray Canada as some kind of lawless haven. You spend too much time on your computer cooking up conspiracy theories and not enough time in the real world. It's quite likely you've never even been to Canada.
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Rice Paddy Daddy



Joined: 11 Jul 2004
Posts: 425
Location: Japan

PostPosted: Wed Dec 01, 2004 6:33 am    Post subject: Reply with quote

Steve, Aristotle:

First, police services have different data bases used to record information on criminals and suspects, winesses, victims, etc. There are two main data bases. One is local, the other national

Police Informatin Retrieval System (PIRS):
This local data base contains information on all local calls for police service. For example, if I call the Burnaby or Coquitlam RCMP to report a suspicious vehicle parked in front of a construction site at 2:30am, I would be listedon PIRS as a complainant. If the police come and arrest people a few minutes later for stealing lumber from teh constructin site, then I would be flagged as a witness and those arrested would be flagged on PIRS as SUS/CHA (suspect, charged).

I think this is the local data base that Aristotle refers to above. Aristotle is correct when he says that you could call the Nanaimo RCMP and ask about your record on PIRS and they are under no legal obligation to provide this information to you.

Moreover, as per Aristotle's post, Nanaimo RCMP would not have any information on their local PIRS data base regarding police contact you might have had with, say, the North Vancouver RCMP.

While all The PIRS data bases are linked with all RCMP and municipal police services across Canada, it would be a pain in the ass to check and you would need to have all of the ORI numbers for each police department that you wanted to check - Not impossible though.

The PIRS data bases include criminal convictions as well as info on non-criminal convictions. So, you could be on PIRS merely for reporting an incendent. If your neighbor beats his kids and you report it to the local police, you'll most likely and should be flagged as a complainant or even witness.

Large city police services also have their own data bases such as CABS, used by the Vancouver City Police.

Canadian Police Information Centre (CPIC):
This is a national data base that contains information on all court convictions, stolen cars, probation conditions and sentencing information as well as missing and wanted people. All police services, including American police departments access this data base. I

it doesn't matter where you live in Canada, any information on someone who has been reported missing, had a car stolen or charged, convicted and sentenced will come up when the person's name and birth date or driver's lincese numbner are punched into the CPIC search field.

The RCMP also maintains a national finger print data base service.

In order to do a complete criminal records search, finger prints are also required to be taken.

People can pay to have a criminal records check and can obtain the forms from their local police station. They will also have to indicate a reason for the criminal records check.
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Wed Dec 01, 2004 1:13 pm    Post subject: Reply with quote

Thanks for an informative post, RPD. I would agree with Aristotle on one point: criminal record checks are not required here at this moment. Sad statement, but A is right when he says criminals are welcome on the ROC. I have met individuals who are here running from things back home. Don't know how many I've met who wouldn't admit to it.
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matchstick_man



Joined: 21 May 2003
Posts: 244
Location: Taiwan

PostPosted: Wed Dec 01, 2004 2:53 pm    Post subject: Reply with quote

No I didn't ask anything about a criminal record check. My post was tongue and cheek. I just found it amusing that amongst all the qualifications the school asked for a criminal record. I was actually expecting my post to disappear.

Sadly there are a lot of people in the EFL profession with criminal records which largely go unchecked. It's not limited to Taiwan.
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