Everyone knows, interviewing for a job is stressful. What can be even more stressful is going into an interview with a Canadian Criminal Record. This article addresses what your potential employer can legally ask about your Canada criminal record, what you need to say and ultimately, how to get the job!
The most important thing is location; different provinces have different restrictions and limitations on employers for what they can ask of prospective clients.
- Employers in Ontario, British Columbia, Nunavut and the Northwest Territories cannot ask about conviction records nor can employers falling under federal jurisdiction. However, if information about a criminal record is legitimately needed for employment purposes the question can be phrased “Have you ever been convicted of a criminal offence for which a Pardon has not been granted?”
- In Quebec, PEI and the Yukon, a criminal record is considered grounds for discrimination, making this question illegal. Again, unless the knowledge of the criminal conviction is relevant to the position (see below).
- Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. Once a Pardon is granted any previous criminal record WILL NOT be accessible to any employer.
It is illegal in all jurisdictions nationwide to ask applicants if they have ever been arrested.
Which employers can request a criminal record check?
Canadian Hiring Practices: all employers may ask for a criminal record check if they have established that it is a Bona Fide Occupational Requirement (BFOR). This is defined as a justifiable reason for discrimination based on a business necessity (being required for the safe and efficient operation of the organization) alternatively, as intrinsically required by the tasks an employee is expected to perform.
What Situations Would Lead to a BFOR
- Requirement to be bonded
- Required to work on a secured job-site
- Employee theft prevention
- Required to work with/for vulnerable persons
- Required to travel internationally/cross borders.
What Options Are Available?
If you are in the job market or looking for career opportunities and have a criminal record then a Canadian Pardon is the best option available. The Pardon can be attained quickly, confidentially and with financing available. A criminal background check can be done extremely fast and will show you what your potential will see. Then, apply for a Canadian Pardon with an accredited, reputable Pardon Service Company, and get that dream job.
