Labour Law for Offenders in Atlantic Canada

David Merrigan – Employment Coordinator,

Correctional Service Canada

Offender Labour Law

• Federal or Provincial Jurisdiction?• Human Rights and Discrimination• Pardons• Bondable or Non-Bondable

Federal or Provincial Jurisdiction

• Canada Labour Code• Provincial Acts and Regulations

Canada Labour Code – Whom Does it Apply?

• Interpretation (L-2, Definitions) Canada Labour Code

Federally Regulated Businesses and Industries

• banks • marine shipping, ferry and port

services • air transportation, including airports,

aerodromes and airlines • railway and road transportation that

involves crossing provincial or international borders

Federally Regulated continued

• canals, pipelines, tunnels and bridges (crossing provincial borders)

• telephone, telegraph and cable systems • radio and television broadcasting • grain elevators, feed and seed mills • uranium mining and processing • businesses dealing with the protection

of fisheries as a natural resource • many First Nation activities

Federally Regulated continued

• most federal Crown corporations • private businesses necessary to the

operation of a federal act

Source: http://www.hrsdc.gc.ca/eng/labour/employment_standards/regulated.shtml

Provincial Legislation – Whom Does it Apply?

• Everything else not covered by Canada Labour Code• New Brunswick – Employment Standards Act

and Employment Standards Act Regulations• Newfoundland and Labrador –

Labour Standards Act• Nova Scotia – Labour Standards Code• PEI – Employment Standards Act

Why Should We Care?

• Mediating between offender and employer – vacation leave, holidays, work hours, breaks, minimum pay, etc.

• Motivating offenders to take legitimate employment.

• Assisting offenders to avoid situation where they may be exploited by an employer.

Human Rights Legislation

• Does the Human Rights Act protect me from discrimination because of my criminal record?

No!

The Canada Human Rights Act prohibits discrimination under the following prescribed grounds:

• Race• National or Ethnic Origin• Colour• Religion• Age

Prohibited Grounds of Discrimination Continued

• Sex• Sexual Orientation• Marital status• Family status• Disability

Prohibited Grounds of Discrimination

• A conviction for which a pardon has been granted.

Are You Bondable?

• Concept of employee bonding is an insurance matter relating to employers attempting to protect themselves from the wrongful acts by its employees.

How Does Bonding Work?

Three types of fidelity bonds:

• Name Schedule Bonds• Blanket Position Bonds• Primary Commercial Blanket Bond

Source: Alberta Government Website

Am I Bondable?

• A fidelity bond may require the employer to satisfy the insurance company that employees do not present an undue risk of theft.

Factors: type of offence, personal credit history.

Pre-employment Screening vs. Being Bondable

• Increased Personal Information and Privacy Legislation

• Employer needs to demonstrate “need to know”

• Increased privacy rights will possibly lead to less intrusive screening for most jobs

Knowledge Test

• An offender applies for a job at a hospital as a receptionist and is asked to take a lie detector test as a condition of employment. Is this legal?

Knowledge Test

• An offender has worked as a first mate on the ferry between Nova Scotia and Newfoundland for 5 months and 29 days. (He lives in Sydney but is from Newfoundland). His wife unexpectedly passes away.

Does his employer have to grant him a

period of paid bereavement leave?

Knowledge Test

Does being Bondable mean:

A.) That an employer is able to employ an individual under their current or revised fiduciary bond?

B.) Means a job applicant does not have a criminal record.

B.) That an offender enjoys his martinis shaken but not stirred.