Can an employer refuse to hire me because of my criminal record?
Short answer
In Quebec, section 18.2 of the Charter of human rights and freedoms prohibits an employer from dismissing, refusing to hire or otherwise penalizing a person owing to the mere fact that they were convicted of a penal or criminal offence, if the offence is in no way connected with the employment or if the person has obtained a pardon for it.
In detail
Section 18.2 reads as follows: “No one may dismiss, refuse to hire or otherwise penalize a person in his employment owing to the mere fact that he was convicted of a penal or criminal offence, if the offence was in no way connected with the employment or if the person has obtained a pardon for the offence.”
Two separate protections sit side by side in that provision. The first applies where the offence has no connection with the employment. The second applies as soon as a pardon (a record suspension) has been obtained, regardless of any connection with the employment.
The idea of a “connection with the employment” is at the heart of these disputes. It is assessed case by case, based on the nature of the offence, the actual duties of the position and the context of the business. It is not a question that can be answered in the abstract.
A person who believes they have been penalized contrary to section 18.2 can go to the Commission des droits de la personne et des droits de la jeunesse. In some unionized workplaces, the route is a grievance instead.
What to document
Keep the job posting, the application form (especially if it asks a question about a criminal history), the emails and your interview notes, along with any communication where the record is mentioned as a reason. Note the date, the name and the title of the person who raised it, and the words they used. What is decisive is the explicit link between the refusal and the record.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Charter of human rights and freedoms (CQLR c. C-12), s. 18.2 — LégisQuébec
- Commission des droits de la personne et des droits de la jeunesse
Related questions
- Is my youth record a criminal record?
- How long do I have to wait to apply for a pardon or a record suspension?
- How much does it cost to apply for a record suspension?
- Does a record suspension erase my criminal record?
- Who is not eligible for a record suspension?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.