Employment decisions based on criminal records can raise important legal questions in Ontario, particularly under the Ontario Human Rights Code and other relevant legislation. Many workers wonder whether an employer can fire them or refuse to hire them due to a past conviction. While there is no broad protection against discrimination based on criminal records, some legal safeguards exist in certain situations. 

When Are Criminal Records Protected in Employment? 

Under Ontario’s Human Rights Code, which provides limited protections regarding criminal records,, discrimination based on a criminal record is only prohibited in specific circumstances. Employers cannot make hiring or termination decisions based on a criminal record if it consists of: 

1. A conviction for which a record suspension (formerly called a pardon) has been granted – Once a record suspension is obtained under the Criminal Records Act (Canada), employers are legally required to treat the individual as if the conviction never occurred. 

If a record suspension is in place, firing or refusing to hire someone solely due to that conviction could be considered discrimination under human rights law. Individuals who face such discrimination may be able to file a complaint with the Human Rights Tribunal of Ontario. 

When Can Employers Consider a Criminal Record? 

In most other cases, employers can consider a person’s criminal record when making hiring or termination decisions. This includes situations where: 

• The individual has an unpardoned criminal conviction (i.e., no record suspension has been granted). 

• The person has pending criminal charges or provincial offenses (such as traffic violations or municipal bylaw infractions). 

• The nature of the offense is related to the job duties (e.g., theft-related offenses for financial roles, and assault charges for security positions). 

Industries with Additional Legal Requirements 

Certain industries in Ontario have mandatory background check requirements, governed in part by the Police Record Checks Reform Act, 2015, which regulates how police record checks are conducted and disclosed. due to the nature of the work. For example: 

• Healthcare and education – Positions involving work with children, elderly individuals, or other vulnerable persons often require a Vulnerable Sector Check. 

• Financial services and government roles – Many positions in banking, law enforcement, and government require background screening as part of regulatory compliance. 

• Security and transportation – Jobs involving security services, trucking, and driving may have specific licensing and screening requirements. 

What If You Were Fired Due to a Criminal Record? 

If you were dismissed because of your criminal record, your legal options depend on several factors, including whether your conviction was pardoned or whether the decision violated other employment laws. While Ontario’s Human Rights Code provides only limited protection, other employment law principles may apply, depending on the circumstances. 

If you believe your termination was unfair, consulting with a lawyer can help clarify your rights and legal options. While Ontario’s Human Rights Code has limited protections, other legal principles such as wrongful dismissal or constructive dismissal may apply, depending on the circumstances. 

Protecting Your Rights: How Achkar Law Can Help 

Understanding your rights when it comes to criminal records and employment can be complex. If you believe you have been unfairly terminated or denied employment due to your criminal record, legal guidance can help. At Achkar Law, our experienced human rights lawyers assist individuals and organizations in navigating employment law challenges. 

Whether you need advice on discrimination claims, wrongful termination, or compliance with background check laws, we provide tailored legal solutions to protect your rights and interests. Contact us today to discuss your situation and explore your legal options. 

Final Thoughts 

In Ontario, employers generally have the right to consider an applicant’s or employee’s criminal record, but there are important exceptions. If a conviction has been pardoned with a record suspension, human rights protections may apply. Additionally, some workplaces have specific legal requirements for background checks. Understanding these distinctions can help both employees and employers make informed decisions. 

If you have questions about your workplace rights, seeking legal guidance can help you understand your options. 

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