Comprehensive Guide to Canadian Criminal Record Checks for HR Teams
Introduction
In the realm of talent acquisition, ensuring the safety and integrity of your workforce is paramount. Hiring a candidate with a hidden criminal history can have serious repercussions, from endangering employees and clients to incurring high turnover costs. The average cost of a bad hire amounts to 30% of their annual salary. Background screening is the primary defense against these risks, and understanding the different types of criminal record checks available in Canada is crucial for making informed hiring decisions.
The presence of a criminal record in a candidate is not a fatality in itself. We believe that transparency between parties is key, allowing you to assess the risks it may pose to your company. It’s supported by years of research from the John Howard Society of Ontario’s Report showing that employees with criminal records have lower turnover, equal or higher performance, equal or lower recruitment costs, and no increased risk of misconduct.
Approximately 4 million Canadians have a criminal record. Therefore, the presence of a criminal record is very likely to appear in your checks, and you should be prepared to take appropriate action.
Why Criminal Record Checks Are Important
Criminal record checks are essential for mitigating risks associated with hiring. They help prevent:
- Financial, behavioral, and reputational risks
- Legal liabilities stemming from negligent hiring
- High turnover costs due to poor hiring decisions
- Breakdown of trust between parties
The importance of conducting criminal background checks is significant, but it is also important to understand how they are conducted and interpreted.
3 Main Types of Criminal Record Checks
There are three main types of criminal record checks used by HR departments in Canada: basic, enhanced, and vulnerable sector checks. Each serves a different purpose and provides varying levels of detail about a candidate’s criminal history.
1. Basic Criminal Record Check
A basic criminal record check uses a candidate’s name and date of birth to search the RCMP’s National Repository of Criminal Records. This check includes:
- Convictions and pending charges for indictable offences
- Records from the RCMP Canadian Police Information Centre (CPIC) database
- Guilty rulings under the Youth Criminal Justice Act (within the applicable disclosure period)
However, it excludes summary offences and pardoned offences. If a name-based check cannot confirm the identity, a fingerprint search may be conducted.
2. Enhanced Criminal Record Check
An enhanced criminal record check includes everything from the basic check and more. It searches the Police Information Portal (PIP) for additional data such as:
- Outstanding warrants, judicial orders, peace bonds, probation, and prohibition orders
- Summary convictions up to five years old
- Discharged findings of guilt
- Incidents involving weapons, theft, and violent behavior
- Other criminal charges requiring court appearances
This check provides a more comprehensive view of a candidate’s criminal history, making it a reliable tool for employers.
3. Vulnerable Sector Check
A vulnerable sector check is designed for positions involving contact with vulnerable individuals, such as children, the disabled, and the elderly. It includes:
- Cases where the individual was not criminally responsible due to a mental disorder
- All recorded suspensions if authorized by the Minister of Public Safety
- Withdrawn or dismissed convictions in exceptional cases
This check must be conducted in person at a local police station and is authorized only for specific positions as defined by the Criminal Records Act. It is important to understand that, just like Trustii, no private company can perform this type of check. This check must be conducted in person at a police station and can take several weeks to obtain results. However, we can assist you by directing you to the appropriate references if this type of check is necessary for your industry.
How to Understand Canadian Criminal Record Checks Results
When conducting a criminal record check with the RCMP National Repository of Criminal Records, there are several possible outcomes based on the information provided by the applicant:
- Clear/Negative Response: If a search based solely on the applicant’s name(s) and date of birth does not identify any records, it indicates no criminal record matches were found. However, positive identification of a criminal record can only be confirmed through fingerprint comparison. It’s important to note that there may be delays between a court conviction and the record being accessible in the repository, and not all offences are reported to the RCMP.
- Unclear/Incomplete Response: If the search cannot be completed based on the provided information, it requires the applicant to submit fingerprints for a conclusive search. This is due to potential delays in record updates and the possibility that not all offences are reported to the RCMP.
- Confirmation of Criminal Record Response: If a possible match is found, it indicates a potential criminal record based on the provided information. However, like the clear/negative response, fingerprint comparison is necessary for positive identification. The declared information by the applicant does not constitute a Certified Criminal Record by the RCMP.
- Clear/Negative: When no information is revealed based solely on the name(s) and date of birth provided.
Additional Check Recommended: If the provided information suggests the need for further verification, the applicant is recommended to obtain a Police Information Check from their local police service.
Quebec vs. Canadian Criminal Background Checks
Understanding the distinction between provincial and national criminal background checks is crucial for comprehensive screening. The Société québécoise d’information juridique (SOQUIJ) provides provincial judicial records only from Québec, while the RCMP Criminal Records Registry offers a national database of criminal convictions.
SOQUIJ Records: Public registries containing information on provincial judicial matters.
RCMP Criminal Records Registry: National database requiring collaboration with a police force to access.
It’s important to understand that while the Canadian Criminal Record Check covers the entire country, the Quebec Provincial check is specific to Quebec only. The Canadian check provides a broad overview across provinces, whereas the Quebec Provincial check offers detailed information about infractions within Quebec. This means that with the Quebec check, you can access comprehensive details about the nature of the offences, rather than just validation or invalidation from the police department.
Furthermore, through free online searches on platforms like SOQUIJ and CanLII, you access primarily “reasoned judgments,” offering detailed explanations for legal decisions. It’s crucial to note that these judgments cover decisions from 2000 to the present but do not encompass the majority of judgments.
Reasoned Judgments: All You Need to Know
A reasoned judgment is a written decision rendered by a judge or court that explains in detail the reasons and grounds for the decision made. It serves as an official document outlining the arguments presented by the parties, the evidence considered, and the legal principles applied to reach the conclusion.
However, not all decisions result in reasoned judgments. For instance, decisions pronounced verbally and recorded in court transcripts (usually in criminal or penal matters) or judgments that simply endorse agreements between parties are not considered reasoned and thus may not be available on free online platforms.
Given that reasoned judgments represent a significant portion of decisions rendered annually, obtaining provincial court records from SOQUIJ is often recommended for conducting comprehensive searches of provincial criminal backgrounds. These records include information on provincial judicial matters, including decisions that are not reasoned. While this option involves fees, it ensures access to a reliable and comprehensive source of information for provincial criminal background checks.
Conclusion
Enhanced criminal record checks, available through third-party screening providers like Trustii, offer a practical and thorough solution for most hiring needs. These checks combine data from multiple databases, providing a detailed and timely view of a candidate’s criminal history.
For positions involving vulnerable populations, a vulnerable sector check might be necessary, despite its limitations and longer processing time. By leveraging the right type of criminal record check, employers can make safer and more informed hiring decisions, protecting their organization and its stakeholders.