A criminal record will highly impact one's employment opportunities in Canada. Most employers make sure a background check is carried out so they may know whom they are hiring as trustworthy and reliable. When criminal records are revealed, there is the possibility that some questions could be raised about the character, reliability, and overall suitability of an applicant for the job. This is especially true of jobs requiring handling of sensitive information, interaction with vulnerable sections, and management of financial assets. Thus, many individuals with criminal traces find it tough to land jobs even several years after their sentence is served.
Employers' Right to Conduct Background Checks
While Canadian employers have a right to conduct background checks on prospective employees, the extent of such checks can vary. Most often, an employer will request a criminal record check, which reveals all convictions, charges, and arrests that may be recorded against an individual. On the other hand, employers' access and use of the information are controlled by provincial and federal privacy laws. While some employers may be lenient, others, especially in the healthcare, finance, and education fields, may have strict policies barring individuals with specific types of criminal convictions from employment.
The Types of Jobs Affected
Certain jobs are more likely to be affected by a criminal record than others. Jobs that involve children, the elderly, or other vulnerable populations will often have stringent background check requirements, such as social work, teaching, and health care. Other jobs that may be out of the question could be those requiring security clearance or financial responsibility, such as banking and government jobs. In such occupations, the associated risk of hiring with a criminal conviction may be considered too high, thus limiting opportunities for reintegrative efforts into the labour market.
Discrimination in Employment
While it is within discretion of an employer to consider any previous criminal record when deciding to hire a particular individual, potential issues of discrimination must also be considered. Under the Human Rights Act and provincial human rights codes, Canada prohibits discrimination in employment based on a criminal record where such conviction has no reasonable relationship to the job for which the application is made. For example, if someone was convicted of some minor offense many years ago that has nothing to do with the job the individual is applying for, a business could potentially face legal repercussions if they were to reject the applicant based on the record alone. In these cases, a Mississauga criminal lawyer can help the person litigate discrimination against them in hiring based on the old record.
Record Suspension
A record suspension, previously known as a pardon, will minimize the effects of a criminal record on the employability in Canada. It provides that anyone who has completed serving his sentence and has shown good behavior can have his criminal record set aside, helping clear the way to employment, as in most checks, such a record will not appear. The process for obtaining a record suspension is quite long and cumbersome with certain thresholds to be met, such as serving one's sentence with a specified period lapsed after sentencing and being on one's best behavior where an individual has not offended again.
The Role of Rehabilitation Programs
Rehabilitation programs are very instrumental in an individual with a criminal record finding it easy to fit into society and employment. Several organizations and government programs are in place in Canada to help criminal offenders work their way into job training, counselling services, and navigating the labour market in order to reduce stigma in having a criminal record by helping individuals demonstrate that they have rehabilitated and are ready to contribute positively to the workforce. Some of the employers who participate in such programs are incentivized through tax credits when they employ such individuals with past convictions.
Making a Life Beyond the Conviction
Though the road to employment will be tough for any person with a record, that does not make the case hopeless. Individuals can work out such obstacles by being transparent with their potential employers, seeking legal advice where necessary, and availing themselves of rehabilitation and record suspension programs. The process for rebuilding one's life and finding meaningful employment after a criminal record takes time and effort.
A criminal record, on the other hand, may enormously impede one's chance of employment in Canada, most especially in those fields that require a great deal of trust and security. In any event, with the right strategies and resources, individuals can take steps to minimize the consequences of their criminal past and open up new job opportunities.