Answers You Need When Job Searching With a Criminal Record in Canada

By Paulina Zagozda

Are there companies in Canada who will refuse to hire a person with a criminal record?

Answer: Because of federal and provincial human rights legislation, you can’t really say that there are any national Canadian companies that will refuse to hire a person with an unpardoned criminal record. Our human rights legislation does provide some sort of protection against discrimination based on a criminal record. The protection varies depending on your province or territory of residence:

• Canadian Human Rights Act — protects pardoned records but only with respect to matters which are under federal control
• British Columbia Human Rights Code — protects both pardoned and un-pardoned records
• Alberta Human Rights Act — does not offer any protection for criminal records, suspended or not
• Saskatchewan Human Rights Code — does not offer any protection for criminal records, suspended or not
• Manitoba Human Rights Code — does not offer any protection for criminal records, suspended or not
• Ontario Human Rights Code — protects pardoned records only
• Quebec Human Rights Code — protects both pardoned and un-pardoned records
• New Brunswick Human Rights Act — does not offer any protection for criminal records, suspended or not
• Newfoundland and Labrador Human Rights Act — does not offer any protection for criminal records, suspended or not
• Nova Scotia Human Rights Act— — does not offer any protection for criminal records, suspended or not
• Prince Edward Island Human Rights Act — protects both pardoned and un-pardoned records
• Northwest Territories Human Rights Act — protects pardoned records only
• Yukon Human Rights Act — protects both pardoned and un-pardoned records
• Nunavut Human Rights Act — protects pardoned records only

Why, if there is so much human rights legislation in place, am I still required to go through criminal record checks with almost every employer I apply to?

Answer: If the employer determines that a clean criminal record is a Bona Fide Occupational Requirement (BFOR), then that employer may require applicants to undergo a record check. Examples of Bona Fide Occupation Requirements:

• Required to be bonded
• Required to work with vulnerable persons (young, sick, elderly)
• Required to travel

Employers also have a responsibility to ensure a safe working environment. There is a line between criminal record discrimination and legally responsible hiring. Employers stay on the legal side of the line by having a written policy which clearly states how the company will proceed with criminal background checks and deal with the results.

Many companies now run employee background checks and a Record Suspension (Pardon) is required for jobs in:

• Law enforcement
• Financial sector (banks, insurance providers, accounting offices)
• Medicine (dentists, dental assistants, doctors, nurses)
• Social work
• Airports
• Border Services
• Education
• Security guards
• Government
• Jobs that involve cash handling
• Jobs that involve work with children, the elderly, or disabled persons

What can you do?

If you have a criminal record, the best thing to do is to contact Pardon Services Canada for a free consultation at 1-866-972-7366. We will advise you on your eligibility to seal your record so that you can apply for jobs with confidence.

How, then, can a Record Suspension (Pardon) help me?

Answer: A Record Suspension clears a criminal record from the Canadian Police Information Centre database. This means that a criminal record that has been pardoned cannot be accessed by potential employers, even employers in provinces which do not offer criminal record discrimination protection!  Background checks will not turn up any history of past convictions, so no one can find out about your past offenses unless you choose to disclose them yourself.

In addition, having a Record Suspension makes you bondable, which is a requirement for many jobs, such as:

• Positions where there is sensitive or valuable company data
• Employment that involves the direct handling of cash
• Jobs that use client financial information
• Client representative/service jobs
• Work in the vulnerable sector (children, the elderly, or disabled persons)
• Financial services and banking institutions

It is clear that people who receive a Record Suspension have a far greater chance of finding employment, and not getting fired once employed. Read about the Canada Post mid-employment checks.

Apply for a Record Suspension , or book your free consultation today, and see what new opportunities await you!