Many people may be surprised to hear that Canadian law recognizes and protects individuals from being discriminated against simply because they have a criminal record. However, this does not automatically mean a person is safe from being fired. Depending on the type of employment and the specific charge an individual has been convicted of, these protections may not apply.
What protections exist in Ontario?
Under part 1 of the Ontario Human Rights Code (the “Code”), when looking at the section dealing with employment, it gives that a person cannot be discriminated against because of their ‘record of offences’. What this means is that an individual cannot be discriminated against simply because they have a criminal record, whether they are seeking employment, or are currently employed and obtain a criminal record. This section of the Code protects employees at all stages of their employment.
If I feel I have been discriminated against for having a criminal record, what should I do?
When an individual is declined an employment opportunity, is fired from their current position, or is denied advancement opportunities, they should examine why that occurred. If the employer conducted a criminal record check and the individuals criminal record is not relevant to the position in question, they may be able to bring an action against the employer for discrimination.
This can be done by bringing their case to the Human Rights Tribunal of Ontario. It is important to know that applying to have a matter heard in front of a tribunal follows a different set of rules compared to the Ontario Court system, and if an individual wants to pursue their matter alone without the help of legal counsel it is critical, they understand how a tribunal proceeding works.
An application needs to be filled out and filed online, more information can be found here: https://tribunalsontario.ca/hrto/
How will I know if I have been discriminated against because of my Criminal Record?
This is a complicated question, with a potentially complicated answer. The reason for this is because different employment sectors are required to follow different rules.
Some jobs require an individual to be licensed, and if having a criminal record hinders the ability of an individual to maintain their licensing, then they can no longer work in that sector. An example of this would be a lawyer who would likely not be able to practice law anymore if they get a criminal record.
Similarly, industries such finance require being insured in order to work and having a criminal record may make insuring an individual too expensive and thus bar someone from working in the field.
Some examples of career categories where the law requires criminal checks to be done are:
- Bank employees,
- Government jobs,
- Insurance and real estate brokers,
- Health care,
- Childcare / Teaching,
- Police officers,
- Private investigators,
- Restaurant owners (where alcohol is served), and
- Volunteering
Even if your employment (or an employment opportunity) does not require a police check, if the conviction is related in some way to the job, then it will not be seen as discriminatory. For example, a bus driver who has been convicted of drinking and driving multiple times.
Conclusion
While employment protections do exist in Ontario for those with a criminal record, it is important to understand that there are a lot of caveats in these protections and understanding whether or not you have been discriminated may be a difficult process. It is strongly recommended that a person seek the help of a lawyer instead of trying to handle such a complicated area of law alone. Contact us if you have any questions!
