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In Ontario, indictable offences have severe consequences that can impact a person’s life in several ways, including work prospects, travel limitations, child custody, and ownership of guns. Anyone facing a potential conviction, as well as those with a criminal record who want to regain their rights and reintegrate into society, must be aware of how their lives will be affected.
Understanding the Impact of Indictable Offences
A conviction of an indictable offence can significantly affect an individual’s rights and privileges. From restricted voting rights to limited employment opportunities, understanding those implications is crucial for those navigating the aftermath of a criminal conviction.
Voting Rights
One of the immediate impacts of a conviction for an indictment in Ontario is the restriction placed on voting rights. According to the Ontario Elections Act, individuals serving a sentence of imprisonment for a conviction of an offence punishable by five or more years are ineligible to vote during their incarceration.
However, once the sentence is completed, voting rights are automatically restored, and individuals can participate in elections again.
Employment Opportunities
Convictions of indictable offences can pose significant challenges when seeking employment in Ontario. Many employers conduct background checks as part of their hiring process, and a criminal record may influence hiring decisions.
Employers may consider the following when conducting background checks:
Criminal Record Checks
Employers may request criminal record checks from applicants as part of the hiring process. This check typically involves searching for any convictions or pending charges against the individual.
Disclosure of Criminal Record
Applicants with a criminal record are often required to disclose this information on job applications or during interviews. Failure to disclose a criminal record when requested by the employer can result in consequences, including termination of employment if discovered later.
Relevance of Conviction to Job Duties
Employers must assess whether a past conviction is relevant to the job duties and responsibilities. In Ontario, the Human Rights Code prohibits discrimination based on a criminal conviction that is unrelated to the employment in question.
Employment Programs and Reintegration Support
Individuals with criminal records may benefit from employment programs designed to assist with reintegration into the workforce. These programs provide support and resources to help individuals secure employment despite past convictions.
Travel Restrictions
A conviction of an indictable offence can affect travel outside of Canada. Certain countries may deny entry or require special visas for individuals with criminal records. It’s essential to research the specific travel restrictions applicable to your situation before planning any international trips.
Moreover, individuals with criminal records may face enhanced security screenings and longer processing times when crossing international borders.
Child Custody and Adoption
Convictions of indictable offences may impact child custody arrangements and adoption proceedings. Family courts consider the best interests of the child, and a criminal record can be a factor in determining custody or visitation rights.
Courts may assess the nature of the offence, the individual’s rehabilitation efforts, and the stability of the home environment before making custody or adoption decisions.
Firearms Possession
In Ontario, individuals convicted of certain offences, including violent crimes, may face restrictions or prohibitions on owning firearms. These restrictions are outlined in the Firearms Act and the Criminal Code of Canada.
Individuals with convictions for indictable offences must adhere to firearms regulations and are generally prohibited from obtaining firearms licenses. Possessing a firearm while under a firearms prohibition can result in further legal consequences.
Restoration of Rights
Fortunately, certain rights can be restored or regained following a conviction of an indictable offence in Ontario. For example, individuals with criminal records can apply for a record suspension (formerly known as a pardon) to remove their criminal record from public view.
To be eligible for a record suspension, individuals must have completed their sentence and demonstrated rehabilitation. Successful applicants benefit from improved employment prospects and increased access to various opportunities.
Legal Assistance and Rights Advocacy
Navigating the complexities of restoring rights after a conviction of an indictable offence often requires legal assistance. Lawyers specializing in criminal law and human rights can provide guidance on the restoration of rights and legal options available in Ontario.
Legal Aid Clinics
In Ontario, legal aid clinics provide support to individuals with criminal records who require legal assistance. These clinics offer free or low-cost legal services and can help with record suspensions, employment discrimination issues, and other legal matters related to convictions of an indictable offence.
Community Legal Clinics
Community legal clinics across Ontario offer services to individuals facing legal challenges, including those resulting from convictions of indictable offences. These clinics provide legal information, advice, and representation to low-income individuals and marginalized communities.
Lawyers
Hiring a lawyer experienced in criminal law and human rights is essential for navigating the legal consequences of such a conviction. Lawyers can assist with record suspensions, appeals, and advocating for individuals’ rights in various legal contexts.
Advocacy Organizations
Several advocacy organizations in Ontario focus on supporting individuals with criminal records. These organizations raise awareness about the challenges faced by individuals with convictions and advocate for policy changes to promote rehabilitation and reintegration.
Rights Education Programs
Many organizations and legal clinics offer rights education programs to inform individuals with criminal records about their legal rights and options for navigating the aftermath of a conviction.
Seek Professional Guidance
Convictions of indictable offences in Ontario have far-reaching implications that affect various aspects of an individual’s life, from voting rights to employment opportunities, travel restrictions, child custody, and firearms possession. Understanding these impacts is crucial for those with criminal records seeking to restore their rights and reintegrate into society.
Are you facing a conviction for an indictable offence? AR Law is here to help. Schedule a free consultation today by calling 416-960-0781. We’ll fight for your rights and ensure that your case is treated fairly in court.
