Rather than having to rely on an applicant’s resume, references, or interviews to find information, the explosion of technology and social media websites like Facebook has made it easier than ever to learn details about potential hires – and recruiting managers have begun to take advantage. Significantly, though, there are privacy concerns as well as human rights concerns to be considered.
This practice, while becoming more common, does have some serious legal risks, in particular violating Canadian privacy legislation. The current feeling is that the Personal Information Protection and Electronic Documents Act (or PIPEDA) would prevent that kind of collection of personal information. PIPEDA, a federal law that protects the privacy of personal information in Canada, prohibits a federally regulated employer from using or collecting an employee or potential employee’s personal information without their knowledge and consent, subject to a number of exceptions. The viewing of an employee’s blog and the use of it for hiring purposes would seem to fall under these provisions.
However, PIPEDA does not apply where the personal information is “publically available,” including a publication in electronic form. It is arguable that a job applicant’s disclosure of personal information in a publically available blog post would qualify; however, it is difficult to predict exactly how the exceptions would be applied.
As well, PIPEDA applies only to federally regulated employers, a very small percentage of employers in Canada. While British Columbia, Quebec, and Alberta have enacted similar legislation, Ontario, for example, has not, leaving provincially regulated employers in that province facing fewer legislative barriers to the collection of personal information on the Internet.
In addition, even if the information is publically available on an applicant’s Facebook page, human rights legislation ensures that certain types of information cannot be used to make hiring decisions. While employers cannot ask job applicants about protected characteristics such as marital status, race, religion, and age, this information will often come up in an online search and can be difficult for employers to avoid.
Background checks are routinely performed, and if you have a criminal record it will be revealed. This criminal record can be removed, though, so if you want to “even out the playing field” when applying for employment or promotion, pursuing adoption, hoping to volunteer, become bonded, you should start the process right away by contacting a Client Specialist at Pardon Services Canada to apply for a pardon. Once it is obtained, that criminal record will be sealed so that it is no longer visible. You would also be well advised to review your Facebook, Twitter, myspace, or any other social media site to ensure it reflects you in the most positive light possible.
Pardon Me, Canada, your source for information on criminal records and pardons in Canada. Stay up to date and informed on legislative changes and more with the Pardon Me, Canada Blog.
We Do Have the Power to Right Our Wrongs
“Addiction”: being enslaved to something that is psychologically or physically habit-forming – such a state is extremely difficult to overcome, but it can and does happen! Here is one young man’s description of how his life has improved.
In his late teens, he was constantly attempting to escape his problems through drugs and alcohol, leaving home to either rent accommodation or live on the streets. He attended school only sporadically, and fell in with the “wrong crowd,” stealing to get drug money and causing property damage in the process. He now firmly believes that there are no excuses for his behavior and no amount of apology or regret can undo the damage and hurt he caused.
He felt that he had paid heavily for his actions, and having finished all his punishment had given him the chance to create a positive future and to work towards a better life. However, he felt that he was still being held back by his criminal record.
Now ten years later, his pardon has removed his record will allow him to further develop his carpentry business and to establish contacts in his trade outside the country. He feels that he is continuing on the right path as a responsible, law-abiding citizen. Perhaps the most significant way he has improved is through his new attitude and outlook on life. He feels that he has been successfully rehabilitated and no longer has drug and alcohol addictions.
If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the peace of mind that he most certainly has.
In his late teens, he was constantly attempting to escape his problems through drugs and alcohol, leaving home to either rent accommodation or live on the streets. He attended school only sporadically, and fell in with the “wrong crowd,” stealing to get drug money and causing property damage in the process. He now firmly believes that there are no excuses for his behavior and no amount of apology or regret can undo the damage and hurt he caused.
He felt that he had paid heavily for his actions, and having finished all his punishment had given him the chance to create a positive future and to work towards a better life. However, he felt that he was still being held back by his criminal record.
Now ten years later, his pardon has removed his record will allow him to further develop his carpentry business and to establish contacts in his trade outside the country. He feels that he is continuing on the right path as a responsible, law-abiding citizen. Perhaps the most significant way he has improved is through his new attitude and outlook on life. He feels that he has been successfully rehabilitated and no longer has drug and alcohol addictions.
If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the peace of mind that he most certainly has.
Impact of Coping with a Criminal Record
In many respects, a criminal record might not be restrictive if a person has experienced no need to undergo a criminal record check – if someone is gainfully employed, has been living comfortably in a home for which a mortgage was obtained without difficulty, has no need or desire to work or volunteer with children’s schools or sports endeavors, doesn’t need a loan, isn’t being considered for a promotion, isn’t attempting to rent an apartment, has no wish to travel across the US border, doesn’t require a licence, has no need to be bonded … Well, all these conditions and more could suddenly become significant if matters change, and that’s what life is all about.
Even if a person has not felt the need to have his criminal record removed, the fact that it still exists and could potentially be discovered by friends, family members, coworkers, or employers takes its toll. Although the impact of this state of affairs might not be consciously registered, overt symptoms can and will evolve. Occasionally we experience anger, stress, or depression, not understanding the cause. When we leave unattended matters that in the back of our minds we know should be addressed, they can affect our well being.
Understanding anger is important. This is the first step in anger management. You should know that anger rises within you when you feel incapable of doing certain things. Anger can manifest itself in forms such as self-pity, depression, or rage and needs to be dealt with.
Understanding stress is important. Stress can be either positive or negative; for example, stress experienced while preparing for a job interview will heighten the senses in order to perform well. However, negative stress, experienced for example during bereavement, demanding work conditions, or family strife, produces negative feelings like anger and frustration, leading to physical problems such as headaches, insomnia, or stomach upset.
Understanding depression is important. Life is full of situations that cause stress. When you are having difficulty dealing with a source of stress, you may have situational depression, which is an emotional event. The most common symptoms are fear, sadness, and hopelessness and usually disappear after you adapt. But symptoms of major depression can sometimes last much longer and need the help of a health professional.
Having a criminal record is a state much like a “life sentence”: a criminal record is “a summary of an individual’s contacts with law enforcement generally computerized in the NCIC (National Crime Information Center).” Regardless of the type of offence, it will follow a person for the rest of his life unless he takes that all-important first step to remove his record through applying for a pardon.
Most Canadian criminal records can be removed with a pardon, ensuring that all of a person’s criminal records and charges are separated from other personal records and rendered inaccessible. Pardon Services Canada’s role and familiarity with the pardon process will ensure that all documents required are obtained in a timely manner and that each applicant’s case is handled expeditiously. Contact a Client Specialist at Pardon Services Canada to guide you through the process.
Even if a person has not felt the need to have his criminal record removed, the fact that it still exists and could potentially be discovered by friends, family members, coworkers, or employers takes its toll. Although the impact of this state of affairs might not be consciously registered, overt symptoms can and will evolve. Occasionally we experience anger, stress, or depression, not understanding the cause. When we leave unattended matters that in the back of our minds we know should be addressed, they can affect our well being.
Understanding anger is important. This is the first step in anger management. You should know that anger rises within you when you feel incapable of doing certain things. Anger can manifest itself in forms such as self-pity, depression, or rage and needs to be dealt with.
Understanding stress is important. Stress can be either positive or negative; for example, stress experienced while preparing for a job interview will heighten the senses in order to perform well. However, negative stress, experienced for example during bereavement, demanding work conditions, or family strife, produces negative feelings like anger and frustration, leading to physical problems such as headaches, insomnia, or stomach upset.
Understanding depression is important. Life is full of situations that cause stress. When you are having difficulty dealing with a source of stress, you may have situational depression, which is an emotional event. The most common symptoms are fear, sadness, and hopelessness and usually disappear after you adapt. But symptoms of major depression can sometimes last much longer and need the help of a health professional.
Having a criminal record is a state much like a “life sentence”: a criminal record is “a summary of an individual’s contacts with law enforcement generally computerized in the NCIC (National Crime Information Center).” Regardless of the type of offence, it will follow a person for the rest of his life unless he takes that all-important first step to remove his record through applying for a pardon.
Most Canadian criminal records can be removed with a pardon, ensuring that all of a person’s criminal records and charges are separated from other personal records and rendered inaccessible. Pardon Services Canada’s role and familiarity with the pardon process will ensure that all documents required are obtained in a timely manner and that each applicant’s case is handled expeditiously. Contact a Client Specialist at Pardon Services Canada to guide you through the process.
Haunted by the Past
A foolhardy decision made in an effort to impress his friends caused a young man to bring marijuana home with him to Canada after visiting the Netherlands. Being young and careless, he attempted to head home on a flight that stopped over in the United States. Security personnel of course immediately detected his contraband. At once he felt the shame and regret overwhelm him, realizing how ridiculous his actions had been.
He has spent the last 11 years regretting what he did. However, during those same 11 years, he has started a family, has continued his post-secondary education, and has never been involved in any other criminal activities. He fully intends to remain an honest, law-abiding person.
He would now like nothing more than to put this incident behind him and begin visiting the United States as he once did as a child. He is also being encouraged by his advisors to continue his graduate studies in research and innovation in the US. His pardon and US entry waiver will now ensure that his goals are attainable, and he and his family can move forward, once and for all.
If you need to obtain a pardon or a waiver, Pardon Services Canada's role and familiarity with the process will ensure that all documents required are obtained in a timely manner and that your case is handled expeditiously. Contact a Client Specialist at Pardon Services Canada now to guide you through the process.
He has spent the last 11 years regretting what he did. However, during those same 11 years, he has started a family, has continued his post-secondary education, and has never been involved in any other criminal activities. He fully intends to remain an honest, law-abiding person.
He would now like nothing more than to put this incident behind him and begin visiting the United States as he once did as a child. He is also being encouraged by his advisors to continue his graduate studies in research and innovation in the US. His pardon and US entry waiver will now ensure that his goals are attainable, and he and his family can move forward, once and for all.
If you need to obtain a pardon or a waiver, Pardon Services Canada's role and familiarity with the process will ensure that all documents required are obtained in a timely manner and that your case is handled expeditiously. Contact a Client Specialist at Pardon Services Canada now to guide you through the process.
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