pardonnedoffencesfilion - What's New in HR Law...

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What’s New in HR Law Toronto Office Tel: 416.408.3221 London Office Tel: 519.433.7270 This update is for general discussion purposes and does not constitute legal advice or an opinion. For legal advice regarding your particular circumstances, please contact us. CRIMINAL OFFENCES AND DISCRIMINATION IN HIRING: CAN EMPLOYERS REFUSE TO HIRE AN EMPLOYEE DUE TO A PARDONED CRIMINAL OFFENCE? By Deborah J. Hudson In Montréal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2008 SCC 48, the majority of the Supreme Court of Canada held that employers may not discriminate in hiring an employee solely based on a pardoned criminal offence, even if the position clearly necessitates good moral character (e.g. Police work). The Facts: In 1990, S.N. was caught shoplifting approximately $200 of goods from a department store. She was 21 years old at the time. In 1991, she pleaded guilty to a charge of theft in summary conviction proceedings and was conditionally discharged pursuant to s. 730 (then 736) of the Criminal Code . Pursuant to section 6.1(b) of the Criminal Records Act, the criminal record of a person conditionally discharged is sealed after three years have elapsed. As a result, S.N. received a statutory pardon for the offence and her criminal record was sealed. In May 1995, four years after pleading guilty to the offence, S.N. applied for a job as a police officer with the Service de police de la Communauté urbaine de Montréal (SPCUM). S.N. did not disclose her prior criminal record (owing to her statutory pardon). However, SPCUM discovered the applicant’s prior record and investigated further. SPCUM obtained the police reports, statements and court record of the offence. Through its review, SPCUM determined that since the S.N. was an adult when she shoplifted and since the crime was deliberate, S.N. was not of “good moral character”, a criterion required by Quebec’s Police Act and a by-law pertaining to standards for hiring police officers. In November 1995, SPCUM rejected S.N.’s application.
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This note was uploaded on 09/15/2010 for the course SCIENCE 267 taught by Professor Sjdifoa during the Winter '09 term at University of Warsaw.

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pardonnedoffencesfilion - What's New in HR Law...

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