A "Routine" Pre-Employment Background Check? There's No Such Thing

Labour, Employment & Human Rights Newsletter
February 2009


Human Rights Laws and Privacy Laws play significant roles in an employer's undertaking of a pre-employment background check for new candidates as well as existing employees.

In 1990, a 21 year-old woman was caught shoplifting. She then pleaded guilty to a charge of theft, receiving a conditional discharge. Some five years later, she applied for a position with the Montreal police force. So began a thirteen year legal odyssey culminating in a Supreme Court of Canada decision1 released in August of 2008.

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