Overview:

More than one million people in Ontario have a criminal record. For some, a criminal record reflects a past mistake that they have been punished for; for others it’s the result of systemic barriers and circumstances. In either case, a criminal record does not define a person’s character or reflect their potential.

Employment is one of the most important protective factors in reducing reoffending, yet current legislative policies and practices allow for the arbitrary and routine exclusion of Ontarians with criminal records from the labour market.

This report outlines recommendations to remove roadblocks and systemic barriers, allowing job seekers with criminal records in Ontario to meaningfully provide for themselves and their families. Based on consultations with experts, including people with lived experience, service providers, lawyers and policy professionals, the following key issues and recommended solutions are outlined.

Resources

Key Findings

Key Issue # 1

No guidance on record checks for employers

Recommendation

Solution: Legislated guidance on criminal record checks

Recommendation: Amend the Employment Standards Act (ESA) to set out requirements for the use of criminal record checks in the hiring process. A series of amendments to the ESA are recommended to provide guidance on the use of criminal record checks and the treatment of criminal records in an employment context to promote fairness, clarity and rights-respecting record check policies.

Key Issue # 2

Discrimination against people with criminal records is legal in Ontario

Recommendation

Solution: Update Ontario’s human rights framework to prohibit discrimination based on criminal records

Recommendation: Amend the Ontario Human Rights Code with the following:

  1. The term “record of offences” should be replaced by “police record.”
  2. “Police record” should include criminal charges and convictions, with or without a record suspension, and other police record information, including non-criminal contact with police.

Key Issue # 3

Information on the internet is resulting in indefinite discrimination

Recommendation

Solution: Consideration of the Right to be Forgotten in a Canadian context

Recommendation: The Canadian government, in consultation with the community and key experts, should launch an official study on the right to be forgotten and its application in the Canadian context.

Key Issue # 4

Job seekers with criminal records have specific needs and challenges

Recommendation

Solution: Expand investments in employment programming tailored to job seekers with criminal records

Recommendation: The Provincial government should increase investment in employment programming specifically for job seekers with criminal records. Metrics should include broader indicators of well-being and progress, not just employment and educational outcomes, and allow for flexible timelines.