| With modern criminal record systems being so | | | | need to obtain one before you apply, or you will |
| easily accessed by employers, more and more of | | | | almost certainly be turned down for the position. |
| them are conducting criminal record checks as | | | | If your potential or current employer falls under |
| part of their pre-employment screening practices. | | | | provincial legislation, you will have to check |
| Employment is probably the single largest reason | | | | whether your province has protection in place for |
| why getting a Canadian pardon for your criminal | | | | pardoned, and in some cases, even unpardoned |
| record is so important. Whether or not your | | | | criminal records. |
| criminal record affects your employment search, | | | | Bona Fide Occupational Requirements (BFOR) |
| or your current job, depends on the job and on | | | | Despite all the human rights protection in place in |
| your location. | | | | Canada, many employers still screen for criminal |
| Human Rights Legislation | | | | records. In many cases, employers may ask for |
| Human Rights Legislation, Federal and some | | | | a criminal record check if they have established |
| Provincial, provide protection against most | | | | that it is a Bona Fide Occupational Requirement |
| discrimination based on your criminal record. So, | | | | (BFOR), defined as a justifiable reason for |
| the first thing you need to know before you | | | | discrimination based on a business necessity. If |
| answer an employment application question about | | | | screening for a criminal records is required for the |
| your criminal record is whether or not the | | | | safe and efficient operation of the organization, or |
| employer has the right to ask in the first place. | | | | a requirement that can be clearly defended as |
| Various Human Rights Acts prohibit employers | | | | intrinsically required by the tasks an employee is |
| from requesting job applicants from disclosing if | | | | expected to perform, then they can lawfully |
| they have a criminal record, depending on the | | | | inquire about your criminal past. |
| circumstances of employment. | | | | Some of the most common BFOR reasons used |
| If you have a criminal record, and you are looking | | | | to conduct criminal record checks include: |
| to apply for a job or position, find out whether | | | | - Requirement to be bonded |
| the company or organization is federal or | | | | - Required to work on a secured job-site |
| provincial, and then review the following list: | | | | - Employee theft prevention |
| Federal – Protection for pardon records, no | | | | - Required to work with/for vulnerable persons |
| protection for unpardoned records | | | | - Required to travel internationally/cross borders. |
| Alberta – No protection | | | | Common industries which require Pardons: |
| British Columbia – Protection for both | | | | Construction on secure jobsites, law enforcement |
| pardoned and unpardoned records | | | | and corrections, legal, any job involving cashiers |
| Manitoba – No protection | | | | and cash handling, financial, banking and insurance, |
| New Brunswick – No protection | | | | accounting, medical and nursing, dental and dental |
| Newfoundland and Labrador – No protection | | | | assistance, volunteering and social work, |
| Nova Scotia – No protection | | | | veterinarian, port and marine, airport and borders. |
| Ontario – Protection for pardon records, no | | | | Backdoor Criminal Record Checks – The Job |
| protection for unpardoned records | | | | Never Offered |
| Prince Edward Island – Protection for criminal | | | | Many businesses conduct criminal record checks |
| records | | | | through third parties as part of their |
| Quebec – Protection for both pardoned and | | | | pre-employment screening practices. Usually, the |
| unpardoned records | | | | applicant will sign an application for employment |
| Saskatchewan – No protection | | | | which includes authorization to conduct a |
| North West Territories – Protection for | | | | background check. The employer will then hand |
| pardon records, no protection for unpardoned | | | | off the file to a third party who conducts the |
| records | | | | criminal record check and reports the results |
| Yukon – Protection for criminal records | | | | exclusively to the employer. It is then the |
| Nunavut – Protection for pardon records, no | | | | employer’s option whether to disclose the |
| protection for unpardoned records | | | | results of the check to the potential candidate. |
| Under the Criminal Records Act, federal | | | | A lot of times, to avoid potential liability, the |
| government employment departments cannot | | | | employer will simply not call the candidate back |
| ask questions that could expose a conviction for | | | | for a second interview. You will not even know |
| which a pardon has been granted. If a federal | | | | that your criminal record was the reason you |
| employer wishes to obtain information about a | | | | were not considered further for the position. |
| person's criminal record history, the question | | | | The Good News – A Canadian Pardon |
| should be phrased: "Have you ever been | | | | A criminal record that has been successfully |
| convicted of an offence for which you have not | | | | pardoned CANNOT be accessed by any |
| received a pardon?" | | | | employer, even in provinces that do not offer |
| In this case a pardoned individual can answer "No." | | | | protection for discrimination based on pardoned or |
| If you do not have a pardon, however, you will | | | | unpardoned criminal records. |