In employment, a person cannot be discriminated against in employment because of a “record of offences.” Employment decisions cannot be based on whether a person has been convicted and pardoned for an offence under a federal law, such as the Criminal Code, or convicted under a provincial law, such as the Highway Traffic Act. This provision applies to convictions only, and not to situations where charges only have been laid.
Employers must look at a person’s record of offences and consider whether the offence would have a real effect on the person’s ability to do the job and risk associated with them doing it. Employers can refuse to hire someone based on a record of offences only if they can show this is a reasonable and bona fide qualification.
Examples of this might be:
- A bus driver with serious or repeated driving convictions
- A daycare worker who works alone with children who is convicted of child sexual abuse in a daycare setting.
Relevant guide:
Letter and submission to the Minister of Municipal Affairs and Housing on proposed regulatory amendments under the Housing Services Act
I am writing today to provide the Ontario Human Rights Commission’s (OHRC) submission on the government’s Proposed Regulatory Amendments under the Housing Services Act, 2011 – Reg. 367/11. The OHRC is committed to bringing a human rights perspective to government strategies aimed at addressing poverty, homelessness and hunger.
Letter to the Solicitor General on the elimination of Community Advisory Boards
The OHRC is concerned about the lack of oversight in Ontario’s prisons after the government’s recent decision to disband Community Advisory Boards (CABs). More independent and robust oversight is needed – not less.
Submission of the Ontario Human Rights Commission to the Ministry of the Solicitor General on the proposed amendments to Regulation 778 under the Ministry of Correctional Services Act
June 4, 2021 – On April 23, 2021, Ontario’s Ministry of the Solicitor General announced proposed amendments to Regulation 778 under the Ministry of Correctional Services Act, which governs the operation of Ontario’s adult correctional institutions. The Ontario Human Rights Commission welcomes the opportunity to provide this submission, which focuses primarily on the segregation amendments.
OHRC statement calling on Ontario’s justice sector to fight COVID-19 by keeping prison custody numbers low
To keep Ontario’s people and communities safe, it is critical for Ontario’s justice sector to once again make sure the prison custody numbers come down and stay down.
Report on conditions of confinement at Toronto South Detention Centre
This report summarizes the Ontario Human Rights Commission’s (OHRC) findings and human rights concerns about the conditions of confinement at Toronto South Detention Centre (TSDC).
Report on conditions of confinement at Toronto South Detention Centre
This report summarizes the Ontario Human Rights Commission’s (OHRC) findings and human rights concerns about the conditions of confinement at Toronto South Detention Centre (TSDC).
Click below to see the full report.
Report on conditions of confinement at Toronto South Detention Centre
OHRC and corrections workers call for dedicated funding to address crisis in Ontario corrections
In an unprecedented joint submission the Ontario Human Rights Commission (OHRC) and OPSEU Corrections Management-Employee Relations Committee (MERC), which represents front line correctional staff, are calling on the Ontario government to dedicate funds in the 2020 Budget to address the crisis in Ontario’s correctional system.
Joint submission to Ontario’s consultation on the 2020 budget: Necessary investments in Ontario’s correctional system
Introduction
This joint submission identifies concrete investments that should be earmarked in Ontario’s 2020 budget to protect the health and safety of vulnerable and marginalized Ontarians incarcerated in provincial institutions and the brave men and women working inside them.
Submission of the Ontario Human Rights Commission to the Ministry of the Solicitor General on the proposed amendments to the segregation provisions in Regulation 778 under the Ministry of Correctional Services Act
On August 26, 2019, Ontario’s Ministry of the Solicitor General (the Ministry) announced proposed amendments to Regulation 778 under the Ministry of Correctional Services Act. The Ontario Human Rights Commission (OHRC) welcomes the opportunity to provide this submission on the amendments related to segregation.