The respondent applied for employment as a police officer but was rejected because she had previously pleaded guilty to shoplifting and received a conditional discharge, despite having been pardoned under the Criminal Records Act.
The employer argued she did not meet the 'good moral character' requirement.
The Supreme Court of Canada held that a statutory pardon is a 'pardon' within the meaning of s. 18.2 of the Quebec Charter of human rights and freedoms, which protects against employment discrimination based on a pardoned criminal conviction.
The Court found that the employer rejected the application based solely on the finding of guilt without conducting a further inquiry to counter the presumption that the pardon had restored her moral integrity, thereby violating the Charter.
