Criminal record no justification to fire someone, human rights tribunal says

The Manitoba Human Rights Commission is celebrating a "precedent-setting decision" that declares organizations can't fire someone simply for having a criminal record.

The decision was released this month after a challenge from a man who was fired from the University of Manitoba in 2015.

The man, only referred to as A.B., was let go after the school found out about his convictions in 2007 for making child pornography and touching a child for a sexual purpose,the decision from the commission says.

He filed a discrimination complaint against the university under the Human Rights Code of Manitoba.

The U of M wanted to dismiss the complaint, arguing it does not take issue with criminal records per se, but takes issue with individuals with criminal records that relate to sexual offences against children " due to the fact that the university invites thousands of children to its property every day."

Arguments from both sides were heard by an adjudication panel — an independent tribunal — which released its decision Feb. 10.

Chief adjudicator Michael Werier ruled a criminal record should be entitled to the same protections from discrimination as religion, sex, age and ethnicity.

As a result, the university's application to dismiss A.B.'s complaint was denied. The matter is now set to proceed to a full hearing by the Human Rights Commission.

The HRC has had a policy in place since 2003, opposed to employment discrimination due to a criminal record. It says the onus should be on the employer to establish the discrimination is reasonable, not simply because the person has had a conviction.

Until now, however, its policy has never been challenged.

"It is a bit of a precedent-setting decision. Any adjudicator from now on will have to consider this ruling," said Karen Sharma, an executive director of the commission.

"Now it has legal enforceability."

As a result, the decision is an important step toward removing barriers to equality and ensuring every person can live in dignity and rights in Manitoba, she said.

In the adjudication panel's decision, Werier wrote that "many individuals in Canada with criminal records are individuals who come from certain backgrounds and/or suffer from addiction or mental disabilities and can be subject to stereotyping and discrimination for the rest of their life."

However, he emphasized the ruling means people cannot be subjected to unreasonable discrimination just because they have a criminal record. It does not take into account the seriousness of a criminal conviction.

The particulars of a conviction may indeed justify a firing.

In the A.B.'s case, the circumstances behind his conviction will become relevant at the commission hearing, Werier stated.