General
Law that is created by Parliament or the Provincial legislature
Legislation
An employer asks a prospective employee who identifies as a woman:
How many children do you have? Do you plan on conceiving another child within the next two years?
RED FLAG
If you're driving, the police can stop you for a number of reasons, such as these two.
To check that you have not consumed more drugs and alcohol that is allowed
To check that you have a valid license
To check that you have valid insurance
To check that your car is mechanically fit to be on the road
True or False: when you work for 6 hours, you are not entitled to a break.
False. You are entitled to a 30 minute eating period for every 5 hours.
These are two of an individual's rights if they are detained.
1. Being told why they are detained
2. Being searched in a reasonable manner
3. Remaining silent
4. Talking to a lawyer
The source where we can find criminal offences
The Criminal Code
An employer asks an employee if they have a criminal record in the following manner:
A set of screening questions emailed to the employee before the interview.
Question 1: have you ever been convicted of a crime for which you have not received a pardon? (yes/no).
GREEN FLAG
The term for when the police stops you for identification without a reason to suspect that you have committed a crime
Carding
This is the only way an employer is allowed to collect an employee's tips.
The employer pools all of the tips and divides them amongst all employees.
These are two ways a criminal record can impact a person's life.
1. May not be able to get a job with vulnerable people
2. May not be able to be hired for jobs with a security clearance
3. May not be able to travel or face issues when they do
True or False: Criminal offences fall under provincial jurisdiction
False, they fall under Federal jurisdiction
It sounds like English is not your first language. When did you move to Canada, and where did you move from?
Back Door Question, can potentially be a RED FLAG
True or False: If the police stop you for a street check, you are obligated by law to answer.
False. You have the right not to answer and you must be informed of that right.
These are the reasons an employer can fire an employee FOR CAUSE. (State at least 3)
Willful misconduct
Disobedience
Willfully neglecting essential duties of the job
Physical or sexual harassment
Fraud or criminal conduct
This is what must happen if a person is arrested, booked and placed in cell.
They can only remain in the cell for a maximum of 24 hours, they must be brought before a judge for a bail hearing
Legislation that governs the relationship between an employer and an employee (in Ontario)
Employment Standards Act
I see on your CV that last summer, you had a lifeguarding position. Can you tell me what was the most valuable lesson you learned from that job?
GREEN FLAG
You are stopped while driving and the police reasonably suspect that you have been drinking within 3 hours, they can demand this.
Standardized Field Sobriety Test
This is the consequence of the following scenario: An employer makes an employee sign a contract where their hourly earnings are less than the minimum wage.
The clause of the contract is void. An employer cannot contract out of the ESA.
An individual who is charged with a crime and pleads guilty accepts these 3 consequences.
1. They admit to committing the crime
2. They give up their right to trial
3. They have to say that they know and understand that they are going to jail and getting a criminal record
Before a legislation becomes law, it is this.
We want to inform you of the health benefits we offer our employees. We provide dental insurance and subsidize fitness memberships. But there is a number of other things we do not support, for example, did you receive in the past and plan to continue receiving therapy for mental illness?
Back Door question that could potentially be a RED FLAG
If a police officer stops you for a street check, it is your right to receive a receive a receipt with the following information (List at least two).
1. The police officer's name and badge number
2. How to contact the Office of the Independent Police Review Director for a complaint
3. Who to contact to find out information the police have about you
In August of 2024, minimum wage for a student is (this much) and an increases is expected in (this month) of 2024.
$15.60 per hour; October
Individuals who are arrested have protections under this section of the Charter
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