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Criminal Records Check

"Pre-Employment Screening: Changes to the Criminal Records Check Process"

"Pre-Employment Screening: Changes to the Criminal Records Check Process" is the title of an article published today by law firm McCarthy Tetrault. The article addresses an Interim Policy Statement that has been issued by the RCMP concerning processes and procedures for criminal records checks. The article can be read here.

Does the Ontario Human Rights Code protect employees charged with a criminal offence?

Does the Ontario Human Rights Code ("OHRC") protect employees charged with a criminal offence? The answer is "no" based on a series of decisions by the Ontario Human Rights Tribunal ("OHRT") over the last year.

Ontario Human Rights Code

The OHRC prohibits discrimination in employment on the basis of an employee's "record of offences". The OHRC states that "record of offences" means a conviction for:

(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or

(b) an offence in respect of any provincial enactment.

Decision in de Pelham v. Mytrak Health Systems Inc.

In a February 2009 decision, de Pelham v. Mytrak Health Systems Inc. 2009 HRTO 172 (CanLII), the chair of the OHRT ruled that the "record of offences" provisions do not encompass criminal charges. Specifically, he stated:  read more »

"Periodic Criminal Record Checks May Infringe Privacy Right"

"Periodic Criminal Record Checks May Infringe Privacy Right" is the title of the most recent labour and employment newsletter from Vancouver law firm Bull, Housser & Tupper. You can read it here.  

"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.

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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