Thank you very much, there, committee members. I'm going to have to re-read that. The example provided in the report is of a person with a record for driving while impaired being refused a job that does not involve driving. The current act would not protect that person unless he or she had received a pardon. With the recommended wording, the person would have grounds for a complaint by making the case that a conviction for a driving offence is unrelated to a job that does not involve driving. Similarly, a person refused a job on the basis of a conviction from many years ago might have grounds for a complaint.

The committee had a lengthy and spirited discussion on this issue. Some Members are reluctant to support the recommendation because it would put employers in a very difficult position of making judgment calls about what is or is not an "unrelated" conviction. In some cases, it could be very difficult for them to balance their duties toward their clients or other employees with the legal requirement not to discriminate against a job applicant. For example, if a person had a twenty-year-old record for sexual assault and no subsequent convictions, would it be discrimination to refuse to hire him or her for a delivery job? On the other hand, would it be negligent to put customers and other employees in contact with a person whose history included a violent offence? Some Members are concerned that it would be unfair to expect employers to make these kinds of evaluations.

In support of the recommendation, Members pointed to some employers' policies of not hiring anyone with a criminal conviction without giving any consideration to the relevance of the offence. Such policies are making it difficult for many responsible adults who made mistakes in their youth to find employment and provide for their families. Prohibiting discrimination on the basis of unrelated criminal convictions would prevent employers from automatically refusing to hire anyone with a record and force them to consider applicants on a case-by-case basis.

Recommendation

The Standing Committee on Accountability and Oversight recommends the GNWT review the implications and advisability of amending the Human Rights Act to prohibit discrimination on the basis of unrelated criminal convictions and report back on its findings in its response to this report.