Bank employee or future job applicant charged with impaired driving in Canada

A lot of the major banks in Canada have HR policies that require their employees to report it to them if they get charged with a criminal offence such as impaired driving.

In Ontario, this will often be: operation while impaired under s. 320.14(1)(a), failure or refusal to provide a breath sample under s. 320.15(1), or operation over 80 under s. 320.14(1)(b) of the Criminal Code.

Most accused are charged with a combination of two of these offences. Banks not only have strict HR policies for their employees, they also have some of the strongest police background checks for job applicants and employees looking to advance up the corporate ladder.

When a potential bank employee or current employee gets charged with an impaired driving related offence in Canada they may be obligated through their bank’s HR policy to report it or it may be found out through employment background checks done by the bank.

Banks will rely on both third party employment background checks and the results of criminal records checks (sometimes referred to as police clearances) conducted by the police themselves. Some third party employment background check companies also have access to the RCMP CPIC database. Our understanding is that if there is a match to a person’s name and date of birth (or close to it) and there is a conviction or outstanding/pending charge it may come back as not clear.

Our clients who get charged with impaired driving and work for banks have jobs that range from in the branches (tellers, managers, investment advisors, mortgage consultants, etc.) to in the towers (investment bankers, senior ETF/mutual fund employees, lawyers, etc.).

Working for a bank is a great opportunity for anyone in Canada because there are virtually unlimited abilities to advance up the corporate ladder. Banks in Canada are not only among the country's top employers, they also have some of the most stringent rules to follow via the Bank Act. They have the resources to investigate employees and potential job applicants to ensure they do not have a criminal record.

Just because you get charged with a DUI in Canada (given a court date normally on a Form 10 - Undertaking or Form 11 - Release Order) does not mean that you are guilty. It does mean that your case will have to go through the court process. If you work for a bank, are applying for a promotion, plan on applying for a job at a bank, or are in school planning to do so in the future (BBA, MBA, etc.), being charged and found guilty of an impaired driving offence may lead to your application being denied or you losing your job.

There are unlimited applicants for jobs at banks in Canada which follow very strict HR policies regarding criminal charges. Like many employers, banks do not want to be associated with someone who committed a criminal offence such as impaired driving.

As of 2021 in the public eye drinking and driving is viewed as extremely irresponsible criminal behaviour that puts innocent people’s lives at risk. It is no longer considered a minor offence in Canada to drink and drive. In fact, it is now so serious that many of those convicted of it who are not Canadian citizens will ultimately be deported by IRCC / CBSA.

A DUI is not a traffic ticket. It is a serious criminal offence and the result of the case will be permanent and have a permanent impact on your life moving forward forever including on work background checks, your ability to travel to other countries such as the USA, and your immigration status in Canada (if on a student visa, work permit, or PR).

Many Canadian banks also operate in the USA or in other countries so it is extremely important that they ensure their employees do not have criminal records that make them admissible to work there (TN visa) or even enter the country as a tourist (B-2 visa) or visitor for business (B-1 visa).

Everyone who is charged with a criminal offence in Canada is presumed innocent until proven guilty and sometimes DUI charges can be dropped, reduced to HTA offences, or the accused may be able to be acquitted at trial.

If someone works for a bank, or is a candidate for employment there, gets charged with a DUI in Canada the bank will normally only take action if the accused is ultimately found guilty of the criminal offence and convicted. Taking HR action against someone just for being accused could expose them to liability if they are later found to be innocent.

Many professionals who work for banks in Canada hire criminal lawyers to defend them when they get charged with impaired driving because they have good jobs they want to protect. Sometimes these cases can be won in circumstances where the accused wrongly assumes otherwise. There are often Charter defences available and ways to challenge the accuracy of the evidence in court to show that the Crown Attorney/police cannot prove that the accused was impaired (by alcohol, drugs, etc.) beyond a reasonable doubt.

If you work for a bank, or intend to in the future, and you get charged with a DUI it is imperative that you do everything you can to defend your case.

Even if you believe you are guilty of impaired driving (DUI, over 80, failure to provide breath sample/refusal, etc.) this does not mean you will be found legally guilty in court.

Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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