Are You Bondable? The Implications for Canadians with a Criminal Record

Many job application forms come with a little tick box asking, “Are You Bondable”. Let’s start with the basics – what does it mean to be bondable before you check that box.

Bondable (as it relates to employment): Ones ability to be insured by the hiring company, so that in the event of theft or loss by the employee the company is insured for the value of the loss. The process requires several checks, namely background (criminal record) and credit checks

                

A company who is looking to hire in various departments will usually ask if the candidate is bondable. Jobs include:

• Positions where  there is  sensitive or valuable company information/data
• Employment that involves the direct handling of cash
• Jobs that involve the use of client financial information (credit card/banking information)
• Client Representative, Service Jobs requiring interaction with customers
• Work in the Vulnerable Sector
• Financial Services and Banking Institutions

This list shows the extreme diversity of employers that have an interest in asking the question ‘Are You Bondable?”

 Another, more discreet reason for asking the question is a result of limits placed on the employer regarding asking questions in regards to criminal records. If you have any sort of criminal record, you must answer “No” to the question of “are you bondable”. This is because when the company who hires you tries to get you bonded the insuring company will complete a background check. If a criminal record comes back with any prior conviction you will be declined the bond and will probably face repercussions from the employer.

Companies are increasingly using the “bondability check” to screen applicants for criminal records. This follows on the increasing use of criminal record checks by employers in all industries throughout Canada.

The solution for Canadians who are faced with the difficulty of getting around the ‘are you bondable’ question is to apply for a Canadian Pardon. A Pardon from the Parole Board of Canada will effectively seal your criminal record. As a result, when those background checks are completed by the insurance company they will see a clear record. This result opens a huge area of possibility for the 13% of Canadians living with a criminal record. Take a step towards improving your future; apply for a Canadian Pardon today. 

Looking For a Job In Canada with a Canadian Criminal Record? What to Know, and How to Get That Dream Job!

Everyone knows, interviewing for a job is stressful. What can be even more stressful is going into an interview with a Canadian Criminal Record. This article addresses what your potential employer can legally ask about your criminal record, what you need to say and ultimately, how to get the job!

            The most important thing is location; different provinces have different restrictions and limitations on employers for what they can ask of prospective clients.

·         Employers in Ontario, British Columbia, Nunavut and the Northwest Territories cannot ask about conviction records nor can employers falling under federal jurisdiction. However, if information about a criminal record is legitimately needed for employment purposes the question can be phrased “Have you ever been convicted of a criminal offence for which a Pardon has not been granted?”

·         In Quebec, PEI and the Yukon, a criminal record is considered grounds for discrimination, making this question illegal. Again, unless the knowledge of the criminal conviction is relevant to the position (see below).

·         Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Nova Scotia do not offer protection against discrimination based on criminal records, pardoned or otherwise. Once a Pardon is granted any previous criminal record WILL NOT be accessible to any employer.

It is illegal in all jurisdictions nationwide to ask applicants if they have ever been arrested.

Which employers can request a criminal record check?

Canadian Hiring Practices: all employers may ask for a criminal record check if they have established that it is a Bona Fide Occupational Requirement (BFOR). This is defined as a justifiable reason for discrimination based on a business necessity (being required for the safe and efficient operation of the organization) alternatively, as intrinsically required by the tasks an employee is expected to perform.

What Situations Would Lead to a BFOR

·         Requirement to be bonded

·         Required to work on a secured job-site

·         Employee theft prevention

·         Required to work with/for vulnerable persons

·         Required to travel internationally/cross borders.

What Options Are Available

If you are in the job market or looking for career opportunities and have a criminal record then a Canadian Pardon is the best option available. The Pardon can be attained quickly, confidentially and with financing available. A criminal background check can be done extremely fast and will show you what your potential will see. Then, apply for a Canadian Pardon with an accredited, reputable Pardon Service Company, and get that dream job. 

The Benefit of Time – The Crime Bill and Harper’s Priorities

While Stephen Harper is preparing to recall Parliament, the anticipated whirlwind session will see a fulfillment of the Conservative’s legislative priorities. The return to the Commons is going to be framed using four broad priorities: the budget’s “low-tax plan for jobs and economic growth” to aid the recovery and their “low-tax plan for families,” including the budget’s tax cuts; legislation to crack down on elder abuse; slaying the deficit; and the omnibus crime bill.

Tabling the omnibus crime bill containing a rewrite of justice laws will fulfill their tough-on-crime agenda. This crime bill will be a bundle of 11 pieces of law-and-order legislation wrapped into one bill that the Conservatives promised to pass within 100 days of taking power.

The 11 justice bills that will comprise the omnibus crime bill would:

•   Crack down on organized drug crime
•   End house arrest for serious and violent criminals
•  End house arrest for serious personal injury offences such as sexual assault
•  Eliminate pardons for serious criminals
•   Establish tougher sentences and mandatory jail time for sexual offences against children
•  Strengthen the handling of violent and repeat young offenders (Sébastien’s Law)
•  Give law enforcement and national security agencies up-to-date tools to fight crime in today’s high-tech telecommunications environment
• Give the government more discretion when considering requests to transfer Canadian prisoners to Canada from other countries
• Provide police and the courts more tools to investigate and prevent terrorism
• Allow victims of terrorism to sue perpetrators and supporters of terrorism in Canadian courts
• Streamline long and complex trials

This pledge has recently been clarified as being 100 sitting days in the Commons. Thus, the crime bill could take until the fall to be made into law. Time then seems to be on their side, so to speak, giving the Conservatives a chance to review all its components and consider the consequences.

The Tories’ “Here for Canada” plan focuses on five key priorities:

• Creating jobs through training, trade and low taxes.
• Supporting families through our Family Tax Cut and more support for seniors and caregivers.
• Eliminating the deficit by 2014-2015 by controlling spending and cutting waste.
• Making our streets safe through new laws to protect children and the elderly.
• Standing on guard for Canada by investing in the development of Canada’s North, cracking down on human smuggling and strengthening the Canadian Armed Forces.

Will Mr. Harper be able to achieve his justice bill pledge, see the crime bill reach fruition in 100 sitting days? Or will the Conservatives, given the benefit of time to consider its ramifications, take a more gradual approach that allows Canadians to understand its impact more fully and to provide input.

Canadian Criminal Records – The Stumbling Block for would-be Volunteers

Canadians love to volunteer. Each and every day, Canadians devote their time to worthy causes. In fact, over a third of Canadians over the age of 15 have volunteered! The benefits of volunteering are tremendous, both on a community level, as well as personally. Volunteering gives Canadians the opportunity to give back to their great communities, or to contribute to a worthy cause. Furthermore, the personal benefits gained from great team environments, involvement in event planning, coordinating, and multiple other business operations are invaluable to Canadians looking to gain experience to supplement their resumes and CVs.

            

The opportunity for volunteering is drying up in Canada, however, as a result of recent criminal legislation. This legislation stipulates that an increasing number of volunteer organizations, including many large and well known non-profits, require criminal back ground checks on prospective volunteers. This legislation is not limited to any province in specific; it has a nation-wide effect.

            

The results have had an impact on the organizations as well as the prospective volunteers. Firstly, the organizations that are now required to get the criminal background checks face increasing waits with the Royal Canadian Mounted Police (RCMP) for their results as more and more requests pile up. Secondly, these organizations, due to the long processing time, lose out on valuable volunteers which many rely on for their day-to-day operations and special events. Finally, the would-be volunteers lose out on the opportunity to give back to their community or cause, as well as the valuable experience that volunteering provides.

           

13% of Canadians have a criminal record. This is a large number of Canadians that are being excluded from the ability to volunteer. It is important that checks be done in some circumstances for safety and diligence; however, the broad and often misrepresentative criminal record checks provided by the RCMP’s database which logs all encounters, not just offenses, can be seriously harmful to great volunteer candidates.

            

A criminal record check can be done quickly and affordably. It is in the best interest of these good Canadian samaritans to get a fast, cheap, background check to expedite volunteering and to get back to doing good for the community, environment, Canada, and themselves.