The applicant filed a human rights application alleging discrimination in employment on the basis of record of offences, claiming the respondent improperly collected and considered information about criminal charges for which he received a discharge.
The Tribunal directed the applicant to provide submissions on whether he had a 'record of offences' within the meaning of the Human Rights Code.
The Tribunal dismissed the application, finding that the clear statutory definition of 'record of offences' in section 10 of the Code only protects individuals who have been convicted of an offence and received a pardon, or convicted of a provincial offence.
As the applicant was never convicted and only received a discharge, he did not fall within the Code's protection.