Criminal Record Checks Now To Be Part Of Legal Name Changes

Unless you are going to get married or under the age of 18 people seeking legal name changes in Saskatchewan will now require a criminal record check. Saskatchewan will additionally be the first province that may reject a request for a name change because of certain criminal offences.

Amendments have been made to the regulations for The Change of Name Act, 1995, that introduce criminal record checks as part of the change of name application.

“These changes are about helping to protect the most vulnerable in our society,” Justice Minister and Attorney General Don Morgan said in a statement.  “We don’t believe sexual offenders should be able to change their name to avoid public disclosure and scrutiny.”

The reason for changing the regulations came about after the Regina Leader-Post broke the story about after David Donald Shumey, was deported to Canada after serving 20 years to life for sexually assaulting a young girl in Nevada between 1996 and 1997, and photographing it. Upon his return to Canada Shumey changed his name to David Donald Stryker as of Dec. 20, 2019. His listed place of residence is Regina.

Under the new regulations more than 20 different offences would prohibit the person from getting a name change.

Most of the offences are offences against children.  However, some of these offences, such as sexual assault and incest, can be committed against children and adults.

The offences are the ones that require registration in the National Sex Offender Registry.  The designated offences are set out in subsection 490.011(1) of the Criminal Code.  The change of name requirements are posted on eHealth Saskatchewan’s website.

If there is no criminal record showing on the criminal record check, the change of name may be processed.

If any of the criminal record checks show a criminal record or is inconclusive, then that person will need to be fingerprinted and provide the Registrar of Vital Statistics with a further criminal record check that shows the offences.

Although Stryler is listed as a sexual offender in Nevada since his offences happened outside the country there would be no legal requirement to include him in Canada’s National Sex Offender Registry.

The law that governs this registration is the Sex Offender Information Registration Act, SC 2004, c 10 (SOIRA). The database in which the information is kept is called the National Sex Offender Registry. The National Sex Offender Registry requires people convicted of prescribed offences to annually register and annually report to the police to keep the registry current. Police forces have the right to access the database.

While living in the US Shumey also used the name Louis William Garcia.