INTRODUCTION AND BRIEF DESCRIPTION
This section defines application for federal employment for the purpose of other related provisions.
SECTION WORDING
672.37(1) In this section, "application for federal employment" means an application form relating to (a) employment in any department, as defined in section 2 of the Financial Administration Act; (b) employment by any Crown corporation as defined in subsection 83(1) of the Financial Administration Act; (c) enrolment in the Canadian Forces; or (d) employment in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.
EXPLANATION
Section 672.37(1) of the Criminal Code of Canada is a definition section that specifically defines what an "application for federal employment" constitutes under the Code. This section is important because it helps to clarify what is meant by this term, and ensures that there is consistency in the interpretation of this term throughout the Code. According to this section, an "application for federal employment" refers to any application form that is related to employment in any department, Crown corporation, Canadian Forces, or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament. This means that any job application that falls under these categories can be considered an "application for federal employment" for the purposes of the Criminal Code. This section is particularly relevant in the context of the criminal law because it allows for certain criminal offences to be applied specifically to individuals who submit false or misleading information on an application for federal employment. For instance, section 131 of the Code makes it an offence to provide false information to a government official, while section 365(1) makes it illegal to fraudulently obtain any document that is required for any purpose connected with the administration of the law. Overall, the definition of "application for federal employment" under section 672.37(1) plays an important role in ensuring that the criminal law is properly applied in cases where individuals provide false or misleading information on job applications in relation to federal employment. It provides clarity and consistency in the interpretation of this term, which in turn helps to promote the fair and effective administration of justice.
COMMENTARY
Section 672.37(1) of the Criminal Code of Canada is a provision that provides for the use of criminal record checks in relation to certain employment opportunities. The section defines what is meant by the term "application for federal employment" and enumerates the types of employment opportunities that are covered by the provision. The provision is intended to enable employers to undertake criminal record checks on individuals who are applying for certain positions of trust, such as those in government departments, Crown corporations, the military, or other positions involving work that is within the legislative authority of Parliament. The aim is to ensure that individuals with criminal records that may make them unsuitable for such positions are screened out. The use of criminal record checks in the employment context has generated some controversy in recent years, with concerns being raised about potential discriminatory effects on certain groups, such as racialized individuals who may be disproportionately impacted by over-policing and criminalization. However, the provision in question is narrow in scope, applying only to certain types of employment opportunities and not to all employers. There are also important safeguards built into the provision to protect individuals' privacy rights. The provision stipulates that criminal record checks can only be conducted with the individual's consent, and that the information obtained can only be used for the specific purpose of evaluating their suitability for the position in question. Additionally, employers are required to take measures to ensure the confidentiality of the information obtained. Overall, while the use of criminal record checks in the employment context is a contentious issue, the provision in question strikes an appropriate balance between protecting public safety and respecting individual privacy rights. By limiting the use of criminal record checks to certain positions of trust and imposing strict safeguards on their use, the provision helps to ensure that individuals are not unfairly discriminated against based on past criminal records while also providing employers with necessary information to make informed hiring decisions.
STRATEGY
Section 672.37(1) of the Criminal Code of Canada is a provision that requires individuals seeking federal employment to disclose any prior criminal convictions on their application form. Failure to disclose this information can result in serious consequences, including criminal charges and a potential loss of employment. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that individuals or organizations should keep in mind. One of the most important is to understand the requirements and the potential consequences of non-compliance. This includes understanding the types of criminal convictions that must be disclosed, the potential penalties for failing to disclose, and the steps that can be taken to appeal or challenge a decision regarding employment. Another strategic consideration is to develop effective communication and training programs that inform individuals of their obligations and the potential consequences of non-disclosure. This might involve developing guidance documents, training programs, or other educational resources that explain the requirements and the potential impact on employment. Organizations may also wish to implement strategies that help to mitigate the impact of criminal convictions on employment opportunities. This might involve developing policies that allow for the consideration of factors such as the nature and severity of the crime, the individual's rehabilitation, and their potential for future success in the job. Finally, individuals and organizations should recognize the potential impact of Section 672.37(1) on employment equity. This provision may disproportionately affect members of certain communities who are over-represented in the criminal justice system. As such, it is important to consider strategies that promote diversity and inclusion in the hiring process. Overall, effective strategies for dealing with Section 672.37(1) of the Criminal Code of Canada should involve a combination of education, policy development, and proactive measures to promote fair and equitable employment practices. By taking a thoughtful and strategic approach to this provision, individuals and organizations can help to ensure that they are complying with the law while also promoting a fair and inclusive workplace.