Difference between revisions of "BC Human Rights Code (6:III)"

BC’s HRC protects individuals with a criminal or summary conviction in the area of employment, trade unions, employers’ associations and occupational associations, so long as the conviction is unrelated to the employment or the intended employment of the individual. This protection includes a perceived conviction (i.e. relating to arrests, stayed charges or acquittals). Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2011/2011bchrt43/2011bchrt43.html Purewall v ICBC]'', 2011 BCHRT 43 at para 21, ''[https://www.canlii.org/en/bc/bchrt/doc/2006/2006bchrt411/2006bchrt411.html Clement v Jackson and Abdulla]'', 2006 BCHRT 411 at para 14; and ''[https://www.canlii.org/en/bc/bchrt/doc/1997/1997canlii24841/1997canlii24841.html Korthe v Hillstrom Oil Company Ltd]'' (1997), 31 CHRRD/82 at paras 23-28. In an effort to establish whether or not a conviction may affect an employment decision, the tribunal makes an assessment of the relationship between the conviction and the job description. As such, employers must take into account the circumstances of the conviction in order to determine whether or not the charge relates to the employment. In ''[https://www.canlii.org/en/bc/bcsc/doc/1983/1983canlii444/1983canlii444.html Woodward Stores (British Columbia) v McCartney]'' (1983) 43 BCLR 314 at paras 7-9, Justice MacDonald laid out a list of criteria to be considered in making this determination. These criteria are as follows: