A Parks Canada employee who was sentenced to federal prison lost his job automatically, as convicted felons cannot remain on the government payroll, a labour board ruling has confirmed.
Blacklock's Reporter says the ruling came after a Parks Canada clerk in Gatineau, Que., was sentenced in 2023 to five years in prison for sexual assault.
The agency did not immediately realize he was absent, only discovering his conviction three months later.
“Parks Canada found out about his conviction,” wrote adjudicator Christopher Rootham, of the Public Sector Labour Relations and Employment Board. “The convict did not tell his employer Parks Canada about his conviction and sentencing.”
Upon learning of his incarceration, Parks Canada suspended the employee while gathering more information before ultimately terminating him. However, under federal law, his employment had already been forfeited the moment he was sentenced.
“Section 750.1 applies automatically and without a public employer such as Parks Canada needing to take any administrative or disciplinary steps,” wrote Rootham. “In other words, his position became vacated on March 6, 2023, as soon as he was sentenced.”
The ruling cited Section 750.1 of the Criminal Code, which states that any person convicted of an indictable offense carrying a prison term of two years or more automatically loses their position in public service. The same law applies to MPs and senators.
The board also referenced a 2015 case where a federal judge upheld the firing of a finance chief at a British Columbia prison after his conviction for abduction and assault.
“Section 750 of the Criminal Code is a reflection of Parliament’s intention to prevent individuals who have committed offences of sufficient gravity from continuing their employment with the public service,” wrote Federal Court Justice George Locke.
“Given the importance of decisions taken by public servants in the lives of members of the public, their integrity is a legitimate concern.”
While parliamentarians convicted of serious crimes lose their seats under the law, the measure has only been enforced once. In 1946, Communist MP Fred Rose was expelled after being sentenced to six years in prison for espionage.
More recently, Quebec Sen. Raymond Lavigne resigned in 2011 after being convicted of fraud and sentenced to six months in jail.
Although federal employees undergo criminal background checks before being hired, no similar requirement exists for MPs or senators.
Past parliamentarians with criminal records have included Liberal MP Ivan Grose, a convicted bank robber, and New Democrat MP Frank Howard, who was jailed for armed robbery as a youth.
