INTRODUCTION AND BRIEF DESCRIPTION
Using or authorizing the use of an employment application that does not comply with section 672.37(2) is a summary conviction offense.
SECTION WORDING
672.37(3) Any person who uses or authorizes the use of an application for federal employment that contravenes subsection (2) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 672.37(3) of the Criminal Code of Canada deals with the use or authorization of an application for federal employment that contravenes subsection (2). This section makes it an offence punishable on summary conviction for any person who uses or authorizes the use of an application for federal employment that contravenes subsection (2). Subsection (2) of section 672.37 outlines the requirements for federal employment applications. It prohibits asking any questions that discriminate against a person based on their race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. The subsection also prohibits asking any questions that relate to an applicant's affiliation or activity with any organization, association, or group unless the affiliation or activity is directly related to the job. Therefore, this section is aimed at preventing discrimination in the federal employment application process and ensuring that all applicants are given an equal opportunity to apply for federal positions. It also serves as a deterrent for individuals or organizations who may attempt to discriminate against applicants based on any of the protected grounds mentioned in subsection (2). This provision underlines the Canadian government's commitment to promoting and protecting equality and human rights, which is reflected in various other sections of the Criminal Code of Canada. Overall, this section recognizes that discrimination in any form is unacceptable and has no place in the federal workforce.
COMMENTARY
Section 672.37(3) of the Criminal Code of Canada pertains to the use of an application for federal employment that breaches subsection (2). This section holds any person who uses or authorizes the use of such an application guilty of an offense punishable on summary conviction. Subsection (2) of 672.37 restricts employers from seeking information through applications for federal employment that could lead to discrimination against job seekers based on race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, and disability. It also stops them from inquiring about previous convictions or pardoned offenses that have no relation to the job position being applied for. This provision was designed to promote non-discriminatory practices in the federal hiring process. With the enactment of this section, it is unlawful to discriminate against job seekers for reasons that are not relevant to the job position. Discriminatory motives for seeking information that could be inferred from job applications would be a contradiction of subsection (2) and could land Employers on the wrong side of the law. This section of the Criminal Code is in line with Canadian values of equal access to job opportunities, anti-discrimination, and inclusivity. It ensures that job seekers are assessed based on their qualifications for the job and not on irrelevant grounds that could give undue advantage to certain classes of people. The provision is also essential in preventing employers from acting on unconscious bias, which could breach subsection (2) by influencing their decisions to hire individuals based on implicit stereotypes about their race, sex, or other characteristics. Without this provision, Canadian workplaces may become exclusive, limiting the access of some individuals based on grounds that are not valid for determining qualification for job positions. It is important to note that violating subsection (2) of this section may not only result in criminal charges, but also civil penalties. Courts have held employers liable for discrimination even when it was not their intention, but they showed an element of negligent discrimination." Therefore, employers must be careful and deliberate about the type of information they seek from job seekers. In conclusion, Section 672.37(3) of the Criminal Code of Canada holds any person who uses or authorizes the use of an application for federal employment that breaches subsection (2) guilty of an offense punishable on summary conviction. This provision is essential in promoting non-discriminatory practices, equal employment opportunities, and inclusivity in Canadian workplaces. Employers must exercise due diligence in their hiring process to ensure they do not run afoul of this crucial section of the Criminal Code.
STRATEGY
Section 672.37(3) of the Criminal Code of Canada makes it an offence to use or authorize the use of an application for federal employment that contravenes subsection (2). This section imposes significant restrictions on the use of personal information in the hiring process and is intended to protect the privacy rights of job applicants. As with any criminal offence, there are several strategic considerations that should be taken into account when dealing with this provision of the Criminal Code. One of the most important considerations is to ensure that the hiring process complies with all relevant laws and regulations. This means reviewing job application forms and interview questions to ensure they do not request information that could be considered discriminatory or that might violate an individual's privacy rights. It is also important to ensure that job applicants are informed about how their personal information will be collected, used and protected in the hiring process. Another strategic consideration is to develop effective policies and procedures for hiring that align with the requirements of section 672.37(3). These policies and procedures should be designed to promote fairness and transparency in the hiring process and to protect the privacy rights of job candidates. This could involve, for example, establishing clear criteria for evaluating job applicants, conducting background checks only when necessary and obtaining the informed consent of job applicants before conducting such checks. It may also be advisable to seek professional legal advice when developing hiring policies and procedures. A lawyer with expertise in employment and privacy law can provide guidance on how to comply with applicable laws and regulations and can help develop policies and procedures that are effective and legally defensible. Other strategies that might be employed include implementing training programs for those responsible for hiring, conducting regular audits of hiring practices to identify areas for improvement, and providing resources and support to job applicants who have concerns or questions about the hiring process. In conclusion, section 672.37(3) of the Criminal Code of Canada imposes significant restrictions on the use of personal information in the hiring process and is intended to protect the privacy rights of job applicants. To comply with this provision of the Criminal Code and to promote fairness and transparency in the hiring process, organisations should consider implementing effective policies and procedures and seeking professional legal advice. They may also wish to employ other strategies, such as training programs and audits, to ensure that their hiring processes are in compliance with applicable laws and regulations.