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A new report from the John Howard Society of Ontario (JHSO) is calling on the province to overhaul its hiring laws to ensure people with criminal records are not unfairly excluded from the workforce.
More than one million Ontarians have a criminal record, with unemployment among them estimated at 50%. According to JHSO’s director of policy, Safiyah Husein, systemic barriers, combined with racism and discrimination, make it even harder for Black and Indigenous applicants with records to secure jobs.
The report, Rethinking Justice – Sentenced to Unemployment, argues Ontario’s legal framework effectively punishes people long after they have served their sentences. Current laws allow employers to reject candidates solely on the basis of an old or irrelevant conviction if it has not been pardoned.
“This acts like a permanent barrier to employment, even decades later,” said Husein.
Key Recommendations:
Amend the Employment Standards Act to ensure job postings clearly state when record checks are required and specify what types of convictions are relevant.
Update the Ontario Human Rights Code to replace “record of offences” with “police record,” expanding protections to include unpardoned convictions and non-criminal police interactions.
Explore a “right to be forgotten” for people with records, allowing them to request removal of outdated personal information.
Invest in employment programs specifically targeting individuals with criminal records.
While the Ontario government has invested over $1.5 billion in its Skills Development Fund since 2021, advocates argue the province lags behind others like Quebec and P.E.I., which already provide stronger protections.
Employment lawyer Andrew Monkhouse added that clearer guidelines would benefit both job seekers and employers, helping reduce confusion and unintentional discrimination.
For people like Brandon Gailbraith, who found steady work in roofing after years of incarceration, access to employment is life-changing.
“People who have been through hard times and get a chance … they’re going to put in double the effort, because those chances don’t come often,” he said.
