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Criminal Charges & Convictions

"Criminal Offences and Discrimination in Hiring: Can Employers Refuse to Hire an Employee Due to a Pardoned Criminal Offence?"

Jurisdiction: - Quebec

Deborah J. Hudson at Filion Wakely has written an article entitled, "Criminal Offences and Discrimination in Hiring: Can Employers Refuse to Hire an Employee Due to a Pardoned Criminal Offence?" (November 24, 2008).

The article summarizes the Supreme Court of Canada's 6/2 decision in Montréal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2008 SCC 48.

"Vicarious Liability in Sexual Assault"

Jurisdiction: - Ontario
Sector: - Health Care

James C. Morton, at Steinberg Morton Frymer LLP, has written a paper on, "Vicarious Liability in Sexual Assault" (undated).

The paper discusses an employer's liability where an employee commits a sexual assault. In particular, it addresses the decision in Weingerl v. Seo, 2003 CanLII 13285 (ON S.C.), appeal allowed in part 2005 CanLII 21356 (ON C.A.).

Criminal record check for new employees found to be reasonable given nature of retail sector

Jurisdiction: - Alberta
Sector: - Retail Trade

Union of Calgary Co-Operative Employees v. Calgary Co-operative Assn. Ltd. [2006] A.G.A.A. No. 17 (QL)

"The Impact of Criminal Investigation, Charge and Conviction on the Contract of Employment"

"The Impact of Criminal Investigation, Charge and Conviction on the Contract of Employment (2004)" is the title of a paper prepared by two lawyers at Fraser Milner Casgrain that can be found here. The topics covered in the paper are:

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Arbitrator assesses when employer can suspend employee without pay pending disposition of criminal charges

Jurisdiction: - British Columbia
Sector: - Education

CUPE, Local 4177 v. Nechako Lakes School District, No. 91 (2004) 134 L.A.C. (4th) 100 (Ready)

Bill C-13 amendments to Criminal Code now in effect to protect employees who report unlawful conduct

You can read more about the amendments in this Legislative Summary prepared by Library of Parliament.

Can an employer impose an administrative suspension on an employee facing criminal charges?

Jurisdiction: - Quebec
Sector: - Insurance

In Cabiakman v. Industrial Alliance Life Insurance Co., 2004 SCC 55, the Supreme Court of Canada ("SCC") addressed if/when an employer can impose an administrative suspension on a non-unionized employee facing criminal charges.

The employer and employee were located in Quebec thus governed by the Quebec Civil Code. However, the principles enunciated by the court likely also apply to employment contracts formed in Canada's other jurisdictions.

Background

The employer was an insurance company and hired the employee as a sales manager in one of its branch offices. Approximately three months after he was hired, the employee was arrested at home for the attempted extortion of his securities broker. He was held in custody for about three days and then released after pleading not guilty to the charges. Shortly thereafter, a newspaper picked up the story and published an article.

The employer suspended the employee without pay, without investigating the situation and without providing the employee the opportunity to explain the situation.  read more »