Firing an employee strictly because they possess a pardoned criminal record is illegal under human rights legislation across most of Canada. If your employer discovers a historical conviction that has been sealed by a Record Suspension, they generally cannot terminate you, demote you, or alter your working conditions.
Rebuilding your life after making a mistake is the core purpose of the Canadian justice system’s rehabilitation process. When the Parole Board of Canada grants you a Record Suspension (formerly known as a pardon), your past offences are legally sealed. This allows you to integrate fully into the workforce without the constant shadow of a past conviction. Unfortunately, information sometimes leaks, and an employer might discover your history through old news articles, workplace gossip, or an unauthorized background check.
If your boss confronts you about a pardoned offence and subsequently fires you, they have likely committed a severe violation of your civil rights. ⚠️ Human rights codes across federal and provincial jurisdictions, including Ontario and British Columbia, explicitly protect pardoned individuals from workplace discrimination. Because fighting a wrongful termination requires expert knowledge of labour laws, it is highly recommended to seek an experienced employment lawyer from our directory to help you seek justice and compensation.
Step-by-Step Process if Terminated for a Suspended Record in Canada
If you find yourself suddenly fired after your employer discovers your sealed past, you must act strategically. Do not sign any severance agreements immediately. Follow these critical steps to protect your legal rights in Canada.
Step 1: Request the Reason for Termination in Writing
When you are let go, firmly ask the HR department or your manager to provide the exact reason for your termination in writing. 📝 If they verbally admit they are firing you because of the pardoned record, send an email summarizing the conversation immediately. Having written proof that the Record Suspension was the catalyst for the firing is the strongest evidence you can gather for a future lawsuit.
Step 2: Do Not Sign a Release or Severance Offer
Employers who know they are breaking the law will often try to buy your silence. They may slide a severance package across the desk and demand you sign a release form within 24 hours. Never sign anything under pressure. Signing a release usually waives your right to sue the company for human rights violations or wrongful dismissal.
Step 3: Secure Your Proof of Record Suspension
You must prove to the courts that your criminal record was officially suspended at the time of your termination. 📄 Retrieve your official Record Suspension certificate granted by the Parole Board of Canada. This document is absolute proof that your conviction was legally set aside and that the employer had no legal right to use it against you.
Step 4: File a Human Rights Complaint
With the help of your lawyer, you will file a formal complaint with the appropriate Human Rights Commission. If you work for a bank, airline, or telecommunications company, you file federally. If you work in retail, construction, or manufacturing, you file with your provincial tribunal (such as the Human Rights Tribunal of Ontario). Your claim will focus on discrimination based on a pardoned conviction.
Step 5: Pursue Wrongful Dismissal Damages
In addition to the human rights complaint, your lawyer may file a civil claim for wrongful dismissal. 💰 Because you were fired in bad faith, you may be entitled to aggravated or punitive damages on top of your standard severance pay. The goal is to make the employer pay for violating your fundamental right to earn a living.
How Much Does it Cost to Fight Wrongful Termination?
Fighting a corporate employer involves certain legal costs, but the potential payouts are significant. Here is an overview of costs and potential damages in Canadian dollars (CAD):
| Legal Aspect | Estimated Cost / Value (CAD) | Details |
|---|---|---|
| Initial Lawyer Consultation | $150 – $400 CAD | To assess the strength of your discrimination case |
| Contingency Fee Agreements | 25% to 35% of the settlement | Many lawyers only get paid if you win your case |
| Human Rights Damages (Payout) | $10,000 – $30,000+ CAD | Awarded for injury to your dignity and feelings |
| Wrongful Dismissal Pay (Payout) | Varies by tenure | Could equal months of your regular salary |
How Long Does a Tribunal Case Take?
Justice in employment disputes requires immense patience. Once your lawyer files a human rights complaint, the employer usually has 30 to 45 days to respond. The tribunal will typically mandate a mediation session to try and settle the issue out of court, which can happen within 6 months. If mediation fails and a formal hearing is required, the entire process can take anywhere from 1.5 to 3 years to reach a final verdict in Canada.
Frequently Asked Questions (FAQ)
Do I have to tell an employer about my pardoned record during an interview?
No. You are not legally required to disclose a criminal record if you have received a Record Suspension. If an application asks, “Do you have an unpardoned criminal conviction?” you can legally and truthfully answer “No.”
Can an employer fire me if my pardon is revoked?
Yes. If you commit a new criminal offence and the Parole Board of Canada revokes your Record Suspension, your old convictions are unsealed. At that point, you lose your human rights protections regarding the pardoned offence, and your employer may legally terminate you.
Can my boss run a random background check on me?
Generally, no. Employers cannot run arbitrary criminal background checks on existing employees without obtaining explicit written consent. Even if they do, a standard RCMP CPIC check will not show a suspended record.
What if my old charge was related to my current job?
Even if the pardoned offence was directly related to your industry (such as a theft charge for a retail worker), the Record Suspension overrides the employer’s concerns. The pardon legally signifies rehabilitation, making it illegal to use the historical charge against you.
Can I be fired if I need a Vulnerable Sector Check?
If your job requires a Vulnerable Sector Check (VSC) and you were pardoned for specific sexual offences, those records will be disclosed. In these highly specific cases involving the safety of children or vulnerable adults, an employer can legally terminate your employment.
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