Criminal Code of Canada - section 672.37(2) - Application for federal employment

section 672.37(2)

INTRODUCTION AND BRIEF DESCRIPTION

Federal employment applications cannot ask about charges or findings related to not criminally responsible verdicts due to mental disorders if the applicant has been discharged or is no longer under any disposition.

SECTION WORDING

672.37(2) No application for federal employment shall contain any question that requires the applicant to disclose any charge or finding that the applicant committed an offence that resulted in a finding or a verdict of not criminally responsible on account of mental disorder if the applicant was discharged absolutely or is no longer subject to any disposition in respect of that offence.

EXPLANATION

Section 672.37(2) is a provision in the Criminal Code of Canada that prohibits the inclusion of certain questions in federal employment applications. Specifically, this section bars employers from asking applicants about any charges or findings of offenses that resulted in a verdict of not criminally responsible due to mental disorder if the applicant has been discharged or is no longer subject to any disposition in relation to that offense. This provision is based on the principle of rehabilitation and reintegration of individuals who have been found not criminally responsible on account of mental disorder. Such individuals may have a history of mental illness or other underlying issues that contributed to their actions, and they may have already received treatment or punishment for their offense. Therefore, asking applicants about these types of offenses can be seen as discriminatory, and could potentially hinder their ability to reintegrate into society. By prohibiting such questions, Section 672.37(2) aims to protect the rights of individuals who have been found not criminally responsible on account of mental disorder, and promote a fair and inclusive hiring process. This provision also helps to reduce stigma associated with mental illness, and reinforces the Canadian government's commitment to treating individuals with mental health issues with dignity and respect. Overall, the inclusion of Section 672.37(2) in the Criminal Code of Canada demonstrates Canada's efforts to uphold human rights and promote equality for all individuals, regardless of their mental health status.

COMMENTARY

Section 672.37(2) of the Criminal Code of Canada is an important piece of legislation that provides protection to individuals who have been found not criminally responsible on account of mental disorder. This legislation prohibits employers from asking applicants about any charges or findings of committing an offense that has resulted in such a verdict if the applicant was discharged absolutely or is no longer subject to any disposition in respect of that offense. The purpose of this section is to prevent discrimination against individuals who have been found not criminally responsible due to mental illness and ensure that they are given fair and equal opportunities for employment. The section provides important protection against discrimination that may arise due to the stigma associated with mental illness. Individuals who have been found not criminally responsible due to mental illness often face significant stigma and misunderstanding in society, which can be a barrier to accessing employment opportunities. This stigma can also contribute to discrimination and prejudice in the workplace, which can significantly impact the individual's career prospects and job satisfaction. The legislation is also important in ensuring that employers do not discriminate against individuals with mental health issues. While mental health issues are becoming increasingly recognized as a legitimate health concern, there is still a great deal of misunderstanding and discrimination surrounding these issues. Employers may be hesitant to hire individuals with a history of mental illness, fearing that they may pose a risk to the workplace or that they may be less productive than other employees. Section 672.37(2) ensures that employers are not allowed to ask about an individual's mental health history, and instead must focus on the candidate's qualifications and suitability for the job. The legislation ensures that individuals with mental illness are not unfairly denied employment opportunities solely on the basis of their mental health history. The legislation is also important in promoting the safety and well-being of all employees in the workplace. By protecting individuals with mental illness from discrimination and ensuring that employers focus solely on a candidate's qualifications, the section helps create a more inclusive and supportive work environment. This can translate to higher job satisfaction and productivity for all employees, thereby benefiting the employer as well. In conclusion, Section 672.37(2) of the Criminal Code of Canada is an important piece of legislation that provides protection to individuals who have been found not criminally responsible on account of mental disorder. The section ensures that individuals are not discriminated against on the basis of their mental health history and that employers focus solely on a candidate's qualifications. The legislation helps create a more supportive and inclusive work environment, which benefits all employees and employers alike.

STRATEGY

Section 672.37(2) of the Criminal Code of Canada is an important provision that governs the criminal record checks of individuals who are applying for federal employment. This provision prohibits federal employers from asking applicants to disclose any charges or findings related to the commission of any offence that resulted in a verdict of not criminally responsible on account of mental disorder. It applies only to individuals who were discharged absolutely or are no longer subject to any disposition in respect of that offence. Due to the sensitive nature of this provision, employers need to adopt strategic considerations when dealing with it. Here are some key factors to consider: 1. Legal compliance Employers must ensure that they are in compliance with this provision to avoid potential legal challenges. They can do this by ensuring that their employment application processes and forms do not contain any illegal questions or requests that violate this provision. They should also provide training to their recruiters and hiring managers on the importance of following this provision and dealing with sensitive information. 2. Privacy and confidentiality Given the sensitive nature of the information related to mental health, employers will need to take great care when handling such information. They should ensure that all the personal information they collect from applicants, including confidential medical information, is properly protected and safeguarded. Also, they should only share this information with individuals who have a need to know, such as hiring managers, human resource managers, and legal counsel. 3. Non-discriminatory practices Employers need to develop non-discriminatory recruitment and selection practices that comply with this provision to safeguard against discrimination based on mental health conditions. This will help them create an inclusive and diverse workforce that is reflective of Canada's multicultural society and ensure that they hire their employees based on merit and qualifications only. Strategies that could be employed to deal with this provision include: 1. Develop a hiring policy Employers can develop a hiring policy that outlines the organization's commitment to hiring individuals based on merit and qualifications. This policy should also address the organization's obligation to comply with this provision, detailing the steps that the organization would take to ensure its compliance. 2. Provide training To ensure that recruiters and hiring managers understand this provision, employers should provide them with training that is focused on the sensitive nature of this information and their responsibilities surrounding the confidentiality and privacy of this information. The training should also cover the organization's non-discriminatory practices and address ways to apply them in the hiring context. 3. Conduct criminal record checks To ensure legal compliance, employers can conduct criminal record checks during the recruitment process to screen candidates. However, these checks should be set up to focus only on relevant information, and the employer must ensure that the checks do not breach the privacy of the applicants' medical information. In conclusion, employers must take a strategic approach when dealing with this provision of the Criminal Code of Canada. They must ensure legal compliance, prioritize privacy, take non-discriminatory measures, develop hiring policies, and provide training to all concerned parties to ensure that their employment application processes comply with the provision. By so doing, they will safeguard the rights of job applicants, foster an inclusive workforce, and maintain legal compliance.