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Human rights could be extended to people with active criminal records if an Ontario human rights bill makes it to third reading before the spring election.The proposed bill would amend the Ontario Human Code to prohibit discrimination on the basis of a police record even when a person has not received a pardon or Record Suspension. However, if passed, an employer could still refuse to hire someone if the job is related to the record. For example, a person with a DUI could be denied a job as a limousine driver.
What will change under the Ontario human rights bill
Currently, employers are encouraged to avoid discriminating based on records that are not relevant to the job. However, it is not prohibited and many employers will not hire anyone who doesn't have a clear record.If a pardon or Record Suspension has been granted, it means the person is rehabilitated, in which case one cannot discriminate regardless of the job under the current Human Rights Code. The new bill extends more protection to those without pardons or Record Suspensions.(Note that when applying to work or volunteer with children or vulnerable adults, sexual offences that have been pardoned or suspended can still be revealed. This is called a vulnerable sector check.)
What is the status of the bill?
The proposed private member's bill, Bill 164, Human Rights Code Amendment Act, 2017, was put forward by Liberal MPP Nathalie Des Rosiers and received support from both sides of the Legislature which allowed it to pass second reading and move on to committee in October. Another benefit the bill would have is to stop the discrimination of people on the basis of dropped charges or police contact. Even a case of mistaken identity could show up on a police record. While a person who has been convicted of a crime can apply for a Record Suspension, people who haven’t been convicted can continue to be discriminated against unless they can convince the police department to remove the information.The bill also protects people based on genetics, immigration or social status. An example of social status discrimination would be refusing to serve a homeless person. Genetic discrimination would include refusing to hire someone with a family history of a disease.If the legislation fails to survive, Des Rosier said she would table it again after the election. If you are concerned about employment discrimination and criminal records, ask your local candidates where they stand on the issue.A Record Suspension provides protection from criminal record discrimination across Canada. If you would like to apply for jobs with confidence, contact us today to find out if you are qualified at 1-866-972-7366.
