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.
When I was 19 I got a misdemeanor(?) called theft under $200 for shoplifting. The charge has changed, records over 25 years old have been destroyed in Dartmouth, Nova Scotia, and now pardons are very expensive compared to the 32$ fine I got for the charge back in the 1970s. I spoke with US customs about this so I now have no problem crossing the border – I didn’t need a waiver. How much will a pardon cost now? Is there a special section for misdemeanors or are we treated the same as murderers? I am clear other than that charge 40 years ago – is it worth it now for me to consider getting a pardon?
Hi Susanne, thanks for your question! It’s difficult to answer your question in full, but from what we understand, there is no special section for misdemeanours. If you want to volunteer or get a new job that asks for a criminal record check, this offence may show on your record. If you are concerned about that or want to clear your record for peace of mind, please call us directly at 1-866-972-7366.
Getting a pardon is not all that easy – I was convicted of B&E when I was 18 ( broke into a cottage garage to grab beer on a hockey summer trip ) obviously stupid and immature of me – I am now 33 years old and have never been in trouble since that time. I called to get a pardon and they said I have to pay 1500 to the court and once paid I have to wait 5 years !! to even apply for a pardon. I am a good person with great morals who was in the wrong place at the wrong time when I was 18 and I can NOT get a decent job in today’s society. its a real shame I am judged for life for a little mistake I made when I was a child. Yet if I was rich I could get away with anything, work anywhere and travel anywhere. What a shame the system is and how its set up.
Hi Jake, thanks for your input. We agree, the laws in effect today regarding eligibility wait periods and fees for record suspension applications are a stumbling block for good people who are struggling to get back on their feet. In fact, we have started an advocacy campaign around this very issue, called Lift the Burden; you can find it at http://www.lifttheburden.ca. We are petitioning the government to roll back the changes they made in 2012 to lower eligibility waiting periods and fees. You can help make positive change by signing our petition at http://chn.ge/1Kgw105. We also encourage you to call our office directly to speak with us about your issue specifically; we will do whatever we can to help you. 1-866-685-7899
being able to discriminate against someone with a criminal record is actually a violation of the Canadian Constitution, section 6 clearly says that we must be able to move within Canada and be able to pursue a livelihood, other than violent crimes and theft there should be no other reasons to use someones past criminal record
Hi Grant, Yes, it is unfortunate that many employers will discriminate, even if the record is not related to the job being applied for. Please visit our petition site. We want to make pardons easier to get so that Canadians have a better chance of earning a living. http://www.lifttheburden.ca/