Human Resources Professionals

Human Resources Professionals are  now required to be more familiar with criminal background checks when screening for potential employees to fill job vacancies within their institution. This is because criminal background checks are becoming more of the norm in Canada. Per provincial Human Rights Legislation a HR Professional may or may not be allowed to address the issue of criminal background checks with job applicants.

With regards to pardons, all criminal background checks for HR Professionals, all criminal record that has been successfully pardoned in Canada cannot be accessed by any employer, even in provinces that do not offer protection for discrimination based on pardoned or unpardoned criminal records. Once a criminal record has been pardoned, that criminal record with no longer show up in any criminal record check or criminal background check. A pardon removes the record from all searchable systems.

Common jobs which require Pardons

Background checks for job applicants are becoming increasingly common.  As Express Pardons explains, finding or keeping a job is the number one reason why someone would want to obtain a pardon for their criminal record.  Similarly, job applications are the number on reason as to why someone would think about applying for a purge.

 

All job applicants in Canada need to be aware of the impact that a background check could have on their job applications, particularly if they have a criminal record or a criminal history.  Any job applicant that requires a background check for the potential job will require a clear background check in order to be eligible for that job.

 

Certain jobs are more likely than other to require a background check for job applicants.  All job applicants shoud be aware of the fact that they may need to complete a background check or criminal record when applying for certain jobs.

Different Types of Criminal Records

As Express Pardons explains, it is important for Human Resource Professionals to be aware that not are criminal records in Canada are the same, simply because not all criminal convictions are the same. Criminal offences are judge based on the seriousness of the crime.

There are two main categories of criminal records. Those tried by Summary – lesser offences, and those tried by Indictment – more serious offences. Some common summary offences include driving under the infulence, simple posession charges and theft charges.  Some common indictable offecnes include robbery, fraud of $5000 and trafficking charges.

Better Hiring Practices

What are Bona Fide Occupational Requirements (also known as BFOR)? Express Pardons explains that:

If a potential employer determines that it is a Bona Fide Occupational Requirement (BFOR), for which can be defined as a justifiable reason for discrimination based on business necessity then they can complete a background check and criminal record check for the purpose of employment within that organization. Other reasons that a company or potential employer may run a legitimate background check including criminal record check include:

The organization determining that screening for criminal records is required for their safe and efficient operation.

In order for the applicant to demonstrate a proven ability to perform expected tasks, a criminal record is “intrinsically required”.

Criminal Records Rights

Express Pardons believes that it is very important for job applicants and Human Resource Professionals to know their rights when it comes to dealing with criminal records in the workplace.

Human Rights Legislation provides protection against most discrimination based on a criminal record. The real question is, do you have the right to ask for information about a criminal record?  And what can be done with that information?

Various Human Rights Acts prohibit employers from asking job applicants if they have a criminal record, depending on the circumstances and nature of employment.  Officially, the Canadian Human Rights Act and numerous provincial human rights acts expressly prohibit discrimination based on a past criminal record.

Background Checks in the Workplace

Background checks have become normal practice for many Human Resource Professionals in Canada. As Express Pardons talks about in the Hiring Guide, unemployment in Canada is at its highest levels in many years.

Human Resources Professionals are receiving hundreds, if not thousands of applications to every job posted and it is only natural to want to use whatever tools are at their disposal to pre-qualify applicants.

Many HR Professionals use criminal record checks and background record checks as a means to screen potential employees. These processes can often disqualifying individuals who would otherwise be very qualified for the position.

Getting a Background Check in Canada

As Express Pardons explains in their blog, a background check in Canada can be required for a number of reasons.  All employers for jobs working with children, the elderly or the disabled require a clear background check in Canada.  Many employers for other jobs are now using background checks as part of their screening process for potential employees.  Some employers will even go as far as to run background checks on their current employees. Anyone interested in volunteer with children will also need to complete a background check and have that check come back clear in order to be able to do volunteer work.  Background checks are also require for Canadian pardons and US Entry Waivers.