The Impact of a Criminal Record on Employment in Canada

Having a criminal record in Canada can have a great impact on individuals, especially concerning finding employment

22:35 03 October 2024

Having a criminal record in Canada can have a great impact on individuals, especially concerning finding employment. Most employers conduct background checks, and when such a record exists, employers may be wary of considering them. Because of the seriousness of the committed offense or its connection to the position, employers might question an applicant's dependability, trustworthiness, and, more crucially, suitability for a particular position. The consequences extend even further, impacting job prospects as well as any long-term career development.

Restrictions in Employment of Certain Professions

There are professions and industries that have additional restrictions in employment regarding individuals with some kind of criminal background. The most common careers that would require a clean background include law enforcement, medical and health care, child and youth care, and financial services. Most of these professions grant an employee access to greater trust; hence, the higher standards expected. Most government jobs and those working with children or the elderly require the greatest scrutiny when it comes to background checks. A criminal conviction will significantly limit such career paths.

The Use of Pardon and Record Suspensions

Most individuals in Canada with a criminal record could submit an application for a pardon or what is referred to as a record suspension. This provides them with the opportunity to limit the impact of their criminal conviction on their motivation to seek employment. A record suspension does not delete the criminal record but may remove it from public access in most circumstances so that it probably will not appear in a typical background check. It opens many opportunity doors and helps avoid the stigma attached to a criminal past. However, the granting of a record suspension is not automatic and is by no means inexpensive as it may require the services of a criminal lawyer Brampton to help one navigate the usually confusing legal process.

Disclosure Requirements and Honesty during Hiring

Honesty during hiring is an important issue that surrounds applicants with a criminal record. Under Canadian law, there is no obligation of disclosure of applicants concerning their criminal record, except in certain specific situations where the employer asks a direct question. Failure to disclose a criminal record to an employer, if the question is asked directly, could lead to the termination of the job when the record is discovered. Disclosure, when required, does give the candidate the opportunity to explain what was the situation involved with the conviction and demonstrate rehabilitation since the time of occurrence of the incident. This can actually be a plus in many employers' eyes, who would then be more likely to give the applicant a chance.

Human Rights Protection for Workers with a Criminal Record

In Canada, hiring should be done without discrimination and it is illegal to discriminate against an individual because of a criminal record in certain instances. Canadian human rights laws protect individuals from unfair dismissal or refusal of employment solely based on a criminal record, especially if that record is irrelevant to the job. Some provinces in Canada specifically have legislation that prevents an employer from requesting criminal records until further on in the application process. Individuals who believe they have been discriminated against because of a criminal record may have legal avenues to appeal such decisions.

The Long-Term Career Consequences of a Criminal Record

A criminal record reverberates beyond the realm of simple employability. Even after securing employment, individuals with a criminal record may encounter long-term restrictions in career advancement. This could further impact promotion, transfers, or new job opportunities within the same company due to continuing concerns about trust and responsibility. Employers may be unwilling to give references or recommendations regarding such an employee, further obstructing long-term career growth for him or her. The stigma associated with a criminal past can persist for years, affecting one's overall professional life.

A criminal record can affect employment in Canada, particularly those which require the most significant amount of trust. Knowing your employment restrictions, taking advantage of options such as a record suspension, and disclosure in the application or hiring process will soften the blow. While some human rights protections do provide legal protections against this type of discrimination, there may be some long-term implications to a person's career and so legal advice is key where relevant.