Did you know 1 in 10 Canadians has a criminal record…Who are you hiring, can you even ask?

Did you know that you can obtain a criminal background search on any potential new hire, transfer, high risk security personnel or for a required program such as Customs Trade Partners Against Terrorism program, C-TPAT.

National criminal records in Canada are acquired though CPIC (Canadian Police Information Center). This massive database which is managed by the RCMP is only available to the police, citizens looking for their own record or to professional employment background screening companies.  Provincial motor vehicle offences are not available through a criminal record search. Only criminal convictions such as impaired driving are listed. To access motor vehicle offence records you would have to run a provincial driver’s abstract.

The question you will want to ask all potential hires is; ‘Have you ever been convicted or found guilty of a criminal offence for which a pardon has not been granted?’  You can only hope they answer truthfully. In fact, 53% of people lie in some way during a hiring process, according to research from the Society for Human Resource Managers.  They do so because they know employers fail to take the time to verify information.  

‘When can you request a candidate’s consent to a criminal record search?’ After you have chosen the potential candidate based on their resume or passing your entry level process.  At that point, you can make a conditional offer where part of the condition is the successful completion of a criminal background check.

‘Will I intimidate potential new hires by incorporating a criminal background check into our hiring procedures?’  A criminal background check is actually not taboo but expected today by potential candidates.  Often when this hiring process is left out, it leaves one to wonder if the employer is concerned about their employee and client’s safety and if they can really offer a safe work environment.

‘I don’t want to add too much cost to the hiring process.’ Industry statistics suggest that the cost of a poor hiring decision averages between 4 and 8 times the employee’s annual salary.  For a hard-working small business, a bad hire can be very significant and can even lead to the downfall of the business.  

 There are several other benefits to running a criminal background check;

• Reduce the risk of vicarious liability – running a criminal background check on all hires significantly reduces those that are high risk and could potentially pose a threat to fellow employees
• Business Reputation – a business’s success and reputation is only as good as your employees
• Knowing who you are hiring – are they a drug dealer, do they have identity theft charges or are they a professional thief? Are you putting your business at risk of being a target for those interested in accessing your proprietary processes, data or sabotage?

The ‘Consent to Disclose’ police form is supplied by the police agency to the employment background screening company.  This form will require you to physically see the candidate and they must provide required photo ID to verify their identity.  It should clearly state the name of the employment background screening company you are dealing with.  If not, that should be a red flag something is not right.  You do not want 3^rd parties having unauthorized access to personal information where you could be held liable.

‘What do you do if a potential employee says he has no criminal record but the results from the screening company states otherwise?’  Federal privacy legislation states that if you make a decision that affects an individual, they must be given an opportunity to refute it.  To ensure an error has not been made, have the candidate go to a local police station and supply a finger print to verify their identity. The police should then issue a certified letter to the potential employer stating either clear or record found.  Access to this certified letter must be limited to the police and the hiring company only to eliminate any opportunity for alterations by the candidate.

Human Rights do come into play on the ‘use’ of a criminal record and this varies provincially as follows:

In Ontario, NW Territories, Nunavut, Newfoundland, New Brunswick, Nova Scotia, Manitoba, Saskatchewan and Alberta employers may refuse employment for any criminal record. Whereas in BC, PEI, Quebec and the Yukon you cannot discriminate against a candidate for having a criminal record unless it directly relates to the position in question.  For example, you can turn down a candidate for a financial call center position if you found they had a prior identity theft conviction.

Should you require more information, we would be pleased to answer your questions directly by contacting ISB Canada.

ISB Canada suggests you seek legal advice if you have an area of concern as it pertains to criminal records or the hiring guidelines in your area.