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Can You Be Fired for Having a Criminal Record in Ontario? (Your Human Rights Explained)
Many employees believe that having a criminal record means they have no legal protection in the workplace. That is not always true. In Ontario, employers can consider criminal records in some situations, but there are important limits, and crossing those limits can lead to legal claims.
Were you fired or denied a job because of a criminal record?
Employers in Ontario do not always get this right. In some cases, using a criminal record to make employment decisions can violate the Ontario Human Rights Code, especially if a record suspension is involved. Get clarity on your rights before accepting the outcome.
Call: 1-800-771-7882 Speak to a Human Rights LawyerWhen a criminal record is protected under Ontario law
Under the Ontario Human Rights Code, record of offences is a protected ground in employment. The protection is most clearly established where a record suspension has been granted. Once a record suspension is in place, employers are generally required to treat the conviction as though it never happened.
If you were fired, denied a job, or passed over for opportunities because of a pardoned conviction, this may constitute discrimination under the Ontario Human Rights Code. Treating a suspended conviction as if it still exists is precisely what the protection is designed to prevent.
When employers may be permitted to consider a criminal record
In many situations, employers can still consider a criminal record. The key factors are whether a record suspension exists, whether the offence is directly related to the job, and whether there are legal or regulatory requirements that apply to the role.
Generally protected situations
- A record suspension has been granted
- The employer is treating the pardoned conviction as though it still exists
- The offence has no reasonable connection to the duties of the role
- A blanket policy excludes anyone with any record without individual assessment
Situations where consideration may be permitted
- No record suspension is in place
- The offence is directly and genuinely related to the job
- A legal or regulatory requirement mandates a background check
- The role involves vulnerable individuals or safety-sensitive duties
Even where consideration is permitted, decisions must still be reasonable and connected to the specific requirements of the role. Relying on assumptions, stereotypes, or blanket policies without individual assessment may still give rise to a legal challenge.
Not sure whether how your employer handled your situation was legal?
The details matter. Small facts can change your legal position significantly. Our team can assess whether the employer acted within the law and what options are available to you.
Review My Situation Or call us: 1-800-771-7882Industries with stricter background check requirements
Some industries are more regulated and may legally require background checks as a condition of employment or licensing. Even in these industries, employers must follow proper processes and cannot overreach beyond what is legally required.
Healthcare and education
Roles involving vulnerable individuals such as children, patients, or elderly residents may require checks under specific legislation.
Financial services
Regulatory requirements may require screening for fraud or dishonesty-related offences in certain licensed roles.
Government roles
Security clearance requirements may necessitate review of a criminal history as part of the application process.
Security and transportation
Licensed roles in these sectors may carry statutory obligations to assess criminal history for specific offence types.
When termination may also involve other legal claims
If you were terminated in connection with a criminal record, the situation may involve more than a human rights complaint. Depending on how the termination was handled, additional claims may also be available.
Frequently asked questions about criminal records and employment in Ontario
Can an employer fire you for having a criminal record in Ontario?
It depends. If the conviction has been pardoned through a record suspension, using it to make an employment decision may violate the Ontario Human Rights Code. If no record suspension exists, an employer may be able to consider the record, but only where there is a genuine and reasonable connection to the requirements of the job.
What is a record suspension and how does it affect employment rights?
A record suspension, formerly called a pardon, is a federal designation that sets aside a conviction. Once granted, employers are generally required to treat the conviction as though it never occurred. Relying on a suspended conviction to make an employment decision may constitute discrimination under Ontario human rights law.
Can employers use blanket policies to exclude anyone with a criminal record?
Generally, no. Blanket policies that exclude anyone with any record, without assessing the nature of the offence, its relevance to the role, and whether a record suspension exists, are likely to be challenged successfully. Employers must conduct individualized assessments rather than applying automatic exclusions.
What should I do if I was denied a job or fired because of a criminal record?
Do not assume the employer acted legally. Document what happened, including what you were told and when. Seek legal advice from a human rights lawyer before accepting the outcome. A complaint to the Human Rights Tribunal of Ontario must generally be filed within one year of the discriminatory act.
Can a criminal record discrimination claim be combined with a wrongful dismissal claim?
Yes. If your termination involved both a human rights violation and a failure to provide proper notice or severance, both claims can often be pursued at the same time. A human rights lawyer can assess which legal frameworks apply to your specific situation and advise you on the strongest path forward.
Speak with an Ontario human rights lawyer
If your criminal record has affected your employment in Ontario and you are not sure whether the employer acted within the law, our team can help. We advise on human rights complaints, wrongful dismissal, and employment disputes across Ontario. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©