Discrimination on the Basis of Criminal Record

The Ontario Human Rights Code provides that employers may not discriminate against employees and prospective employees based on the individual's "record of offenses". The Code defines the term "record of offenses" to mean any conviction for an offense under a provincial statute or a conviction under the Criminal Code for which a pardon has been granted. The Canadian Human Rights Act, on the other hand, simply prohibits discrimination on the basis of a "conviction for which a pardon has been granted".

Where an employer discriminates against an employee simply because they have been charged with an offense, this would likely constitute discrimination on the basis of one's criminal record. In fact, there have been some cases decided under the British Columbia Human Rights Code in which the tribunal ruled that the termination of an employee as a result of the person being charged with a criminal offense amounted to discrimination on the basis of a "criminal conviction" even though the individual had not yet been convicted of anything. Not only would such conduct be discriminatory, it would also be contrary to the presumption that a person is innocent until being proven guilty.

Should you require legal assistance, please email us at lawyers@grosman.com

...back to Discrimination Law Index