Criminal record doesn't automatically exclude a run for office in Manitoba

Having a criminal record doesn't necessarily mean you can't run for office.

In the wake of the Manitoba NDP's election of Wab Kinew — who has past convictions and continues to face criticism about his past before politics — as their new leader, all three Manitoba political parties with members in the province's legislature say they vet their candidates for criminal convictions before they stand for election.

The Liberal and Progressive Conservative parties say none of their members have any criminal records and the New Democractic party says Kinew eventually received a federal pardon for his convictions for driving while intoxicated and assault.

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CBC News asked the three parties to outline how they review the past history of each candidate before they run for office.

Liberals 'require full disclosure'

In an email to CBC News, Liberal director of operations Sam Dixon wrote his party "requires full disclosure," and "the determination as to candidate fitness would be on a contextual, case-by-case basis."

Dixon says a final decision on who gets to run is determined by a committee that considers a variety of factors, including the nature of the offence, the time and conduct of the candidate since it happened, rehabilitation, the number of convictions the candidate received, the intent of the person and age at time of offence, whether the offence involved integrity or honesty, and whether the individual received a pardon.

The party also has published rules for its leadership candidates that include providing a criminal-record check and a notice of assessment from the Canada Revenue Agency confirming the filing of the candidate's tax return for the most current year.

'We thoroughly vet' candidates: NDP

NDP spokesperson Matt Austman says as part of the vetting process, "candidates must disclose whether they have ever been arrested, charged or convicted of an offence under the Criminal Code of Canada, or under any federal, provincial or municipal statutes. In addition, we thoroughly vet and background check our candidates to ensure their disclosures are accurate."

Austman said a candidate approval committee provides "time during the vetting process for a candidate to explain any past transgressions."

That committee, Austman wrote, looks at whether an applicant with a criminal record can stand as a candidate, and must give an explanation of all details in their application and during the interview process.

"If an applicant can clearly explain why the criminal record exists and how it should not be disqualifying, the candidate approval committee will consider their application for further deliberation," Austman said in the email.

PCs consider 'all background information'

PC party CEO Keith Stewart told CBC News in an email the party takes "all the background information on an applicant into consideration before approving or denying an application."

"The PC Party does a criminal background check on all candidates as well as child abuse registry and credit checks," Stewart wrote.

"In addition, all potential candidates are required to sign a declaration that there are no undisclosed items from their personal, business or professional past that may be deemed embarrassing or detrimental to themselves or the party, hinder their ability to perform their duties or demonstrate a lack of integrity."

Public vs. private

Applicants for jobs in the private sector don't often face quite the same scrutiny.

Human Resource consultant Barbara Bowes, with Legacy Bowes Group, said some job categories, such as law enforcement or any that involve working with children, require criminal background checks.

However, many industries neither make it a requirement on a form or ask in an interview.

"The majority of organizations do not do a criminal check unless it is important to the nature of their business," Bowes said.

As for the law, labour lawyer Tracey Epp says there is a grey area for employers when looking deeply into the past of potential employees.

On one hand is Manitoba's Human Rights Code.

"Our code doesn't specifically prohibit discrimination on the basis of a criminal record," Epp says.

But Manitoba's Human Rights Commission is more willing to wade into the issue, and Epp says the federal Human Rights Act prohibits discrimination based on a person's criminal record.

Corporations may not delve much into the criminal past of applicants but Bowes said they are paying far more attention to the social media wake that applicants leave behind these days.

Tweets, photos or posts with overtly sexual, racial or hateful messages or images may be enough for an employer to look elsewhere for a worker.

Both Bowes and Epp said social media investigations by companies doing background checks are opening a whole new area of the law where there may be violations of privacy, as organizations look for bad online behaviour by applicants.