When you are charged with a Criminal Code charge the impacts of the charge(s) can be felt long after the matter is completed in court. We always explain to our clients and potential clients there are a list of collateral consequences which can be lurking just around the corner and if you are not properly advised of what these consequences could be the impact of the charge(s) could be devastating.
The most common collateral consequence we see on a day-to-day basis are those on how criminal charges can impact their employment. There are two main ways a criminal charge can impact employment.
Daily Workplace Tasks
First, part of an employee’s daily tasks may be impacted by the sentence the court hands down as a result of a guilty plea or finding of guilt after a trial. For example, they may drive as part or all of their employment. If somebody who has been convicted of a drinking/driving or DUI offence has a driving prohibition imposed they (very likely) may not be able to drive in relation to their employment.
Additionally, the Highway Traffic Act and MTO may require such remedial measures such as an Ignition Interlock Device be placed in the vehicle they are operating for a period of time after the driving prohibition elapses.
Another example may be restrictions on who you can speak with or where you can go. If you were convicted of an offence and these limitations were placed on you and they directly impact who you can speak with at your employment or whether you can physically go to the location of your employment, your ability to continue to work there may be in serious jeopardy.
Finding Employment
Second, many people have employment positions which require them to submit a clean criminal record check as a condition of employment, and/or continue to do so on a specified basis to maintain employment such as the case of those who work with children, elderly or vulnerable people.
We often see people employed in healthcare fields, Regulated Professions, and finance require clean criminal records to continue employment.
An additional consideration centre around the many people in society such as teachers, nurses, and doctors, etc whose day-to-day governing bodies require them to notify their regulatory body if they have been convicted of a criminal offence, and in some instances even if they have been charged with a criminal offence.
Failure to do so may result in regulatory penalties which can result in a loss of their ability to be employed in the field in which they are qualified and trained in.
Conclusion
It is very important that if you are charged with a criminal offence to also seek opinion on how this may impact your employment. The lawyers at X-Copper Law Firm work closely with many employment lawyers and we can assist you in obtaining the information you need to know to ensure we are able to minimize the impact these collateral consequences have on your current and future employment situation.
