Do the police tell someone’s employer that charges were laid against them?

Most police forces in Ontario will not tell the accused's employer that they have been criminally charged unless they have a specific reason to do so. This being said, there is nothing that prevents the police or anyone else from notifying them if they want to (absent a court order stating otherwise).

If you have already received a Form 9 Appearance Notice or Form 10 Undertaking the criminal charges have already been laid. Unless the employer is deemed to be a potential victim, or the accused is placed on conditions to avoid their workplace, normally the police will not go out of their way to tell them.

When they do tell, the police will usually let you know in advance that your employer will be notified, though they are not legally obligated to provide this courtesy.

When will the police notify my employer that I have been charged?

They may not notify them at all, but sometimes they do immediately such as if the accused works in law enforcement themselves. If the police investigation involves the employer, or the accused is arrested at work, they will obviously be made aware.

In most cases discretion is used on a case by case basis depending on the nature of the charges and job circumstances.

Sexual offences involving children

For those charged with offences involving children (sexual interference, child pornography, child luring etc.) the police will notify the employer if they feel their job may lead to them breaching release conditions. Those charged with child sex crimes are usually only released on strict conditions not to be around those under the age of 16. Depending on their work environment (school, ECE/daycare), the employer may be notified.

Those charged with child sex crimes may also have their name publically reported in the media, which may lead to the employer finding out.

Domestic / intimate partner violence offences

For domestic charges (often assault or uttering threats), the police will not normally have a reason to notify the workplace. Cases where the accused works with the complainant or other third party witnesses are the exception. Usually there is no compelling reason for the employer to be notified in domestic cases.

DUI / impaired driving offences

Usually employers are not notified that an accused has been charged with impaired driving or refusal to provide a breath sample. If the police believe the accused may attempt to drive to work impaired, they may notify the employer to be on the lookout for signs of impairment. In cases where the accused drives for work, such as a truck or bus driver, they may deem it to be in the public interest to notify the workplace.

Theft, shoplifting and other property crimes

Police will rarely notify the employer that someone has been charged with theft or fraud. The exception is if they suspect the employer may be at risk of victimization. Notifying the employer is the exception and not the rule. We have had many clients charged with shoplifting whose employers were not notified even though they work in retail. The bar is usually pretty high for the police to alert the person’s job.

It is important to remember that Canada’s courts are open to the public. It is not a private thing to be charged with a criminal offence. It is a matter of public record. This being said, all accused are still presumed innocent until proven guilty. They shouldn’t have to lose their job just because an unproven allegation has been made against them.

Most of the time, the police do not deem it necessary to inform the accused’s employer of newly laid criminal charges. They tend to only do so in circumstances that they feel it is necessary to protect the public.

Why does my Form 10 Undertaking or Form 11 Release Order state that I must notify the police of any change in employment?

For those on a criminal undertaking or bail release order conditions, notifying the police of a change in employment or occupation is a standard included clause. This is so the police know where to locate the accused and ensure their compliance with the other release conditions, such as clauses for no contact or not to attend at certain places.

Just because you must notify the police of changes to your employment or occupation does not mean they will notify your current employer or new employer of the charges you are now facing. They normally will not unless they have a specific reason for doing so.

If you have been criminally charged in Ontario and do not already have a lawyer, give us a call today for assistance.

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