When are police record checks acceptable under the Human Rights Code?
Police record checks should only be requested when it is reasonable because of the job or volunteer position being applied for. While an organization may prefer to have as much information as possible about someone, human rights must always be protected. An individual’s consent is required prior to doing a police record check. A job may contain many elements, some of which are essential to doing the job, and others that are ideal or preferable, but not essential. The best practice is to list essential duties in a job description, and clearly state them when advertising the job. Police record checks that are not required for a legitimate purpose may have unfair impact on people with mental health disabilities who have had non-criminal police contact. The Supreme Court of Canada has set out a three-step test for justifying a discriminatory standard, factor, requirement or rule as a reasonable (sometimes called “bona fide” requirement). In general the requirement should be: • for a purpos
