PI Exam

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1. What act regu- The Private Security and Investigative Services Act, 2005
lates the inves- (PSISA)
tigative services
and private secu-
rity industry and
governs the way
the private se-
curity and inves-
tigation industry
operates in On-
tario?

2. When was the August 23, 2007

PSISA pro-
claimed into
force?

3. What does the helps professionalize the industry, increase public safety
PSISA do? and ensure practitioners receive proper training and are
qualified to provide private investigator services
- regulates the investigative services and private security
industry
- governs the way the private security and investigation
industry operates in Ontario

4. When was the - April 15, 2010

training and test- - all private investigators must fulfill the mandatory re-
ing regulation quirements of the training and testing regulation in order
made under the to be eligible to apply for a licence
PSISA?

5. Who needs a pri- - individuals are required to have a PI license if they

vate investigator perform work, for remuneration, that consists primarily of
licence? conducting investigations to provide information on the
character, actions, business, occupation or whereabouts
of a person
- Under the PSISA, loss prevention specialists are con-
sidered to be security guards and do not require a private
investigator licence
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6. Private investi- be familiar with the PSISA to ensure they follow the reg-
gators must ulations and prohibitions, including code of conduct

7. What are the li- - subsection 10(1) of the PSISA states that in order to
cencing require- be eligible for a PI licence, all individuals must have
ments under the completed the required training and testing, be at least
PSISA? 18 years old, possess a clean criminal record according
to the clean criminal record regulation, and be legally
entitled to work in Canada

8. General Rules - PI must always carry their licence with them when
and Standard of they are working. They must also identify themselves as
Practice Private Investigators, and show their licence if a mem-
ber of the public asks them to do so. HOWEVER, these
requirements only apply to people holding themselves
out as private investigators which means that individuals
performing an undercover investigation are not required
to carry or show their licence (it would endanger them or
jeopardize the investigation)
- individuals are prohibited from carrying any symbol of
authority, other than their licence (for example, a metal
badge is prohibited)
- PI are prohibited from holding themselves out as Police
Officers, or performing police-related duties which means
they are also prohibited from using the following words
when referring to their work as a PI: detective or private
detective, law enforcement, police, officer,.

9. What regulations 1. Code of Conduct

govern PI's and 2. Eligibility to hold a Licence - Clean Criminal Record
what regulations
PI's licensees be
familiar with?

10. Code of Conduct - this regulation defines what kind of behavior is appro-
- Regulation priate or inappropriate for private investigators to display
while they are working. PI's will find that respecting the
Code of Conduct is, in most cases, a matter of common
sense. PI's are expected to treat members of the public
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in a respectful and professional manner. For instance,
private investigators must: act with honesty and integrity,
comply with all federal, provincial and municipal laws,
treat all persons equally (without discrimination), avoid
using profanity or abusive language, avoid using exces-
sive force, and not be under the influence of alcohol or
drugs while working.

11. Eligibility to Hold - this regulation lists a series of criminal offences which
Licence Regula- are prescribed under the PSISA.
tion - Clean Crim- - persons who have been convicted of one of these of-
inal Record fences and have not received a pardon are not eligible for
a PI licence, and any application they submit will not be
processed
- persons who have been convicted of or charged with an
offence that does not appear in the regulation may be el-
igible for a licence. The Private Security and Investigative
Services Branch (PSISB) will need to review their file to
determine if any restrictions should apply. This applicant
may be given an opportunity to be heard in order to
discuss their case

12. Public Com- - members of the public may file a public complaint
plaints against any licensed individual or licensed company if
they feel that a violation of the PSISA or its regulations
has been committed
- Public complaints can lead to facilitation. As well, the
PSISB may investigative the matter and as a result,
charges may be laid against the licensee, a warning may
be issued, or the licence may be revoked.

13. Individuals $25,000, imprisonment for up to one year, or both. As

found guilty of such, it is crucial that PI's comply with all aspects of the
an offence under PSISA and its regulations to avoid the possibility of being
the PSISA could named in a complaint or facing charges
face a fine of up
to

14. PI's should have - criminal, civil, case, and common law
a basic under-
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standing of the
various statutes
that apply to their
field in Ontario,
and should be fa-
miliar with

15. PIPEDA - - federal statute

- sets out rules that govern the collection, use and disclo-
sure of personal information by organizations engaged in
commercial activities
- a licensed business entity engaging in an activity regu-
lated by the PSISA is likely subject to PIPEDA
- PIPEDA is a consent based statute. This means that
licensed business entities are limited in what third party
personal information they can collect, use and disclose
when they do not have the consent of the person to whom
the personal information belongs to

16. Example of PIPE- - many of the items included in a credit report are consid-
DA ered personal information and are protected by privacy
laws. Therefore, a credit check can be conducted with the
consent of the subject

17. PIPEDA consent - Regulation SOR/2001-7 enacted pursuant to PIPEDA

not required for lists publicly available records such as some judicial
the collection, records, which are not subject to the restrictions on the
use and disclo- collection, use and disclosure of personal information as
sure of personal set out in the Act
information

18. Regulation licensed business entities may receive or disclose per-

SOR/2001-6 - sonal information without the knowledge or consent of the
PIPEDA individual to whom it belongs for the purpose of investi-
gating the breach of an agreement or the contravention
of a law if they are a corporation or other body
(a) that is licensed by a province to engage in the busi-
ness of providing private investigators or detectives and
that has a privacy code that is complaint with the Canadi-
an Standards Association Standard (CAN/CSA-Q830-96
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Model Code for the Protection of Personal Information),
as amended from time to time
(b) that is a member in good standing of a professional
association that represents the interests of private inves-
tigators or detectives and that has such a code

19. Freedom of Infor- access to records that are in the custody or under the con-
mation and Pro- trol of the provincial government, designated agencies,
tection of Priva- colleges of applied arts and technology, and universities.
cy Act (FIPPA) - The scope of this Act will be extended on January 1, 2012
FIPPA governs to cover hospitals.
- Ontario Statute (Provincial Legislation)

20. Municipal Free- - is similar in purpose to FIPPA, except that it governs

dom of Informa- records that are in the custody or under the control of
tion and Protec- municipalities and some related institutions.
tion of Privacy - Private Investigators should know about filing access
Act (MFIPPA) - requests for records that are subject to above-noted Acts.
MFIPPA Also, PI's working for institutions that are subject to FIPPA
or MFIPPA may be limited in terms of what personal
information they can collect, use and disclose
- municipal/provinical statute

21. Industry Stan- PI's should be mindful of privacy laws such as the ones
dards Regarding described above when performing their work. Commonly,
Protection of Pri- PI's may be required to observe a subject's daily activities,
vacy and should therefore be careful not to break any privacy
laws
- For example, anyone who is in a public place does
not have a reasonable expectation of privacy and their
actions may be photographed or documented on video.
However, a person in their home has reasonable expecta-
tion of privacy and an investigator should not go onto their
property in order to peer into their windows to observe
them. In this situation, the best practice would be to ob-
serve the subject from the street or other public property
or thoroughfare. On the other hand, privacy becomes
more of an issue if the subject is in their bathroom, as
opposed to their living room. PI's should exercise their

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judgment to determine when privacy becomes an issue,
such as when the subject is at gravesite or participating
in a religious observance or when minors may be present

22. If a PI plants the investigator should consider things such as whether

a wireless cam- or not the signal is encrypted, and whether the signal
era to transmit a could be intercepted by an unintended source. This is an-
scene to another other example where attention should be paid to PIPEDA
location, and other privacy laws

23. When videotap- the integrity of the tape is paramount for court purposes;
ing, an investiga- the original should not be altered in any way. There are
tor must remem- restrictions in the Criminal Code about recording privacy
ber that conversations so the best practice is to record without
audio

24. Criminal Code - - a person who has the consent to intercept, express or
184 implied, of the originator of the private communication or
the person intended by the originator thereof to receive
it;
- a person who intercepts a private communication in ac-
cordance with an authorization pursuant to section 184.4
or any person who in good faith aids any way another
person who the aiding person believes on reasonable
grounds is acting with an authorization or pursuant to
section 184.4
- a person engaged in providing telephone, telegraph or
other communication service to the public who intercepts
a private communication
- see others

25. Ontario Evi- - PI's may be called upon to present evidence in court,
dence Act & and should therefore be familiar with the relevant sections
Canada Evi- of the Ontario Evidence Act and the Canada Evidence
dence Act Act. also, they should know the importance of document-
ing and preserving evidence and understand evidentiary
concerns (acquiring pertinent information or when to stop
an investigation)

26.
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Types of Evi- 1. Direct
dence 2. Circumstantial
3. Hearsay
4. Admissions
5. Documentary/Illustrative Evidence
6. Real Evidence
7. Trace Evidence
8. Opinion Evidence
9. Unsworn Evidence

27. Direct Evidence evidence is the testimony of a person with respect to

something that a person witnessed directly.

28. Circumstanital - evidence from which a fact can be inferred but doesn't
Evidence stem from something that was witnessed directly

29. Hearsay Evi- where a witness presents a statement that was made to
dence them by another person, who is not present at the trial.

30. Admissions - voluntary admissions made by an accused and reported

by another witness fall outside the hearsay rule and may
be admissible

31. Documentary evidence is traditionally defined as "any written thing ca-

Evidence pable of being made evidence no matter on what material
it may be inscribed"
- this may include documents, books, cards, photographs,
sound recordings, films, videotapes, microfiche, comput-
er records and other information recorded or stored by
means of any device

32. Real Evidence physical evidence refers to things presented at court such
as material objects, such as a weapon or item of clothing,
and demonstrations or experiments conducted for the
benefit of the court

33. Trace Evidence - sometimes physical evidence is very small and even
invisible to the untrained eye. This type of evidence is
called trace evidence and includes things like fingerprints
or foot prints in and around the area where a crime took
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place.
- it could also include very small physical objects like a
hair or fibre from a piece of clothing which MUST be
collected or photographed by experts

34. Opinion Evi- - unlike evidence involving the personal knowledge of a

dence witness or particular facts, opinion evidence is evidence
of what a witness thinks, believes or infers regarding the
facts in dispute. It must be based on facts that have been
received into evidence. The opinion should come from an
expert witness who can provide an educated/professional
opinion on the evidence being presented

35. Unsworn Evi- - each witness called to give evidence at a trial, must do
dence so under oath or solemn affirmation. In the event that a
witness does not appear to understand the nature of an
oath or a solemn affirmation, due to their age or apparent
mental incapacity, the Crown should be consulted

36. Trespass to - the ontario law allows occupiers of private premises to

Property Act determine who is or isn't allowed on these premises. An
occupier may also designate individuals who are autho-
rized to act on the occupier's behalf when it comes to
allowing individuals on their premises. Private investiga-
tors should be familiar with this legislation and how it may
impact their work

37. 2(1) of Trespass a person may be found guilty of a trespass offence if:
to Property Act - they enter a location where entry is prohibited
- they engage in an activity that is forbidden on the premis-
es
- they refuse to leave when asked to do so by the occupier
or an authorized person
- If entry is prohibited or restricted, notice must be given
to the individual, either verbally, in writing, or with the aid
of signs or markings
- persons in violation of section 2 may be arrested without
a warrant. A person who arrests someone under the
authority of the Trespass to property Act must contact the

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police as soon as possible and deliver the individual to a
police officer

38. PI's also want to - employment standards act

familiarize them- - labour relations act
selves with the - liquor licence act
following: - provincial offences act
- residential tenancies act

39. PI's are expect- - criminal and civil legislative and procedural require-
ed to work in ac- ments while balancing their own organizational require-
cordance with a ments
wide range of - they should be familiar with the key legal and procedural
principles of criminal and civil law as it applies to private
investigations

40. Criminal Code - PI's have neither police or peace officer powers
of Canada (pow- - they have the same powers as any member of the public
ers of arrest under the Criminal Code
and criminal of- - specifically section 494 of the Criminal Code describes
fences) when it is appropriate for a member of the public to make
an arrest

41. Any person can - if they witness an indictable offence being committed
make a citi- - as such, PI's should have an understanding of the
zen's arrest with- distinction between an indictable offence and a summary
out warrant offence.
- typically, indictable offences are more serious; a lot of
the offences that PI's normally encounter are indictable
- once an arrest has been performed, the PI must deliver
the individual to a peace officer as soon as possible
- where a PI is required or authorized by law to do
anything in the administration or enforcement of the law,
section 25 of the Code is applicable.
- in these circumstances, section 25 allows a PI (like
all members of the public) to use as much force as is
necessary as long as they act on reasonable grounds.
However, section 26 states that individuals who use force
are also criminally responsible for any excess of force in
these circumstances
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- similarly, section 27 of the Code authorizes individu-
als to use as much force as necessary to prevent the
commission of an offence for which the perpetrator could
be arrested without a warrant, and which could cause
serious injury to a person or damage to property

42. PI's should have - present evidence in a judicial environment

skills and knowl- - prepare for legal proceedings, present evidence and
edge required to follow up on the outcomes

43. Every investiga- - the case could potentially go to trial and procedural and
tion should be administrative requirements should be completed with the
conducted as if utmost care

44. Outline of Cana- 1. Supreme Court of Canada

da's Court Sys- 2. Appeal Courts - Martial Appeal Court, Provincial Ap-
tem peal Courts, Federal Appeal Courts
3. Provincial/Territorial Superior Courts/Federal Court/
Tax Court of Canada
4. Military Courts/Provincial Courts
5. Provincial Administrative Tribunals/Federal Administra-
tive Tribunals

45. During a Crimi- The crown attorney would need to prove beyond a rea-
nal Trial, sonable doubt that the accused has committed the of-
fence

46. Burden of proof - is guilty on the balance of probabilities

in a civil matter is
less serious and
the obligation is
for the plaintiff to
prove that the ac-
cused

47. Intimidation - - occurs. They must be able to recognize when the in-
PI's may be put in timidation is being used against them and how they can
situations where become involved in intimidation and/or stalking when con-
intimidation as ducting surveillance (423 of the Code)
defined by the
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Criminal Code of
Canada

48. PI's should - familiarize themselves with sections of the Criminal

Code pertaining to commonly encountered offences such
as kidnapping (section 279), theft (322), false pretence
(361) or fraud (380)

49. PI's may come - to collect and preserve evidence while preventing the
across evidence evidence from becoming contaminated
that may be - they should also know how to present admissible evi-
used in court dence in court
and should know
how

50. The six core - collect, secure, preserve, identify, ensure continuity, and
steps for con- log.
taining evidence
are

51. all evidence - it could potentially be used in a trial.

should be treat-
ed as though

52. when physical - a chain of custody of the uninterrupted control of evi-

evidence is pre- dence must be shown clearly
sented at trial - the evidence must be properly identified and must be
relevant to the case before the court

53. If the PI must col- - the bag in which it is contained should be marked with
lect the evidence the PI's initials and the time and date when gathered.
- it is important to limit the number of individuals who
handle the evidence to the smallest number possible and
properly document each transfer in order to maintain the
chain of custody

54. These practices - is not physical in nature. For example, if an electronic

of chain of cus- communication is intercepted by an investigator (with the
tody also apply consent of one of the parties involved) and is then saved
to evidence that
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on a USB drive, the drive should be treated as evidence
and should be stored in a secure location

55. Basic loca- - for all investigations. For example, it would not be pos-
tor techniques sible to conduct surveillance without knowledge of the
and pre-investi- subject's address
gation are the ba-
sis

56. specific ques- - "what is the specific information/service being request-

tions that should ed?"
be asked proper- - "for what purpose does the client require this informa-
ly to identify the tion?"
client a justifica- - is the request for information justified, or would it be
ble mandate for considered frivolous?"
conducting the - "is obtaining this information lawful according to federal,
investigation provincial or municipal laws (e.g. PIPEDA)

57. A PI may be - locate a person.

asked to - for example, this could be for the service of legal docu-
ments, or because the person has gone missing

58. when initial - a simple postal code search may provide an accurate
searches of address or vicinity of the residence
maps are com-
pleted with the
subject's ad-
dress not identi-
fied

59. in cases where - it may be necessary to conduct an extensive background

all previous ad- search
dress and con-
tact info is no
longer required

60. The PI can make - in attempt to locate the subject

use of public
databases and
internet sources
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61. searches at the - outdated contact information and provide other re-
public library sources to search
may assist in
confirmation of
the

62. if none of these - place an advertisement in the local newspaper with the
searches yields last known address in hopes of finding the missing person
results, the PI as or others that may have kept in touch with that person
a resort may

63. To keep the - it is preferable for the investigator to avoid overt inves-
search as non-in- tigative techniques
trusive as possi-
ble

64. Internet search- - offer insight in an insurance surveillance, but a PI should

es on the sub- not, without lawful authority, attempt to obtain documents
ject's address such as credit records, income tax or bank records
or employment
record may

65. Research Tech- - conducting research to assist their investigations, and

niques - PI's should be familiar with fundamental research techniques
must be capable including how to conduct a full background/due diligence
of check and how to cross reference
- should also know how to use available sources of info
and research tools

66. Research Tech- - investigators to conduct searches utilizing the subject's

niques - Inter- name that may provide business and personal profiles.
net - contains - they may also provide confirmation of residential ad-
a vast wealth dress and telephone number
of information in - general information with regard to activities, likes, dis-
online databas- likes, etc may also be found
es with records - the validity of this information is only as reliable as those
updated regular- who have entered it.
ly. These online - thus, if the subject has an online profile, he or she is
tools enable
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likely the source of the information and the accuracy of
the information must be determined

67. RT - Public Li- - cross referenced telephone numbers can also be found
braries - stock at a library, with telephone numbers listed in numerical
many useful pub- order and associated with the subscriber's name
lications and di- - these sources of info can be useful in cases where the
rectories includ- available information is out-of-date. Newer info can be
ing telephone found through online databases that are updated more
books, busi- frequently
ness indexes, - libraries also have old newspaper stories, public notices,
trade magazines and advertisements which may contain info on crimes and
and yearbooks. accidents, notices of bankruptcy, marriage, engagement
Criss-cross di- and birth as well as obituaries, memorials and probate
rectories of notices. Most libraries keep back issues of newspapers
either on microfiche or CD-ROM.

68. Personal Proper- - may identify a lien associated with subject.

ty Security Reg- - this may also be linked to a business or collateral that is
istration Search shown as a security for payment of a debt
(PPSR) - a lien may be placed on that property by the secured
party and registered with the PPSR
- these searches are available to the public

69. Bankruptcy may also provide insight when conducting background in-
records, divorce quiries. Civil, small claims and family court files searches
records, land geographically may also be of use
registry - the focus for all searches should be identified in the
databases and investigator's instructions and relative to the purpose of
corporate the investigation.
searches - this will enable the investigator to only conduct the
searches deemed necessary to complete the assignment

70. Purpose of sur- - to locate persons by observing the places they frequent
veillance or their associates
- to obtain information about someone's activities or the
status of their health
- to locate hidden/stole property
- to prevent the commission of an act or to apprehend a
subject in the commission of an act
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- to obtain information prior to conducting an interview
- to obtain evidence for use in court

71. Preparation - the - name

following details - date of birth
should be ob- - address
tained about the - phone numbers
subject before - employment info
beginning the - places frequented
surveillance - the purpose of the surveillance

72. Other pertinent - they should consult the file to locate it or contact their
information will office to confirm if the information is known and may have
depend on the been overlooked
needs of par-
ticular surveil-
lance. Should a
PI find that any
of this informa-
tion is missing,

73. A PI should not - access restricted info such as bank records, tax info,
try to or credit info without a signed release and without lawful
authority

74. If the PI is aware - general practice is for the investigator to avoid having
that the subject any verbal contact or interaction with the subject
is represented by
a lawyer,

75. Equipment - - suitable vehicle (SUV, van, nondescript vehicle of muted

standard colours)
- camera - video, covert, equipped with night-shot capa-
bility
- still camera with a zoom lens
- note pads
- pens
- binoculars
- duffle bag with change of clothing, including gym
clothes, bathing suits, business attire, work clothes
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- money
- two-way radio
- digital tape recorder for note taking
- any other props that may assist an investigator in blend-
ing into their surroundings

76. Detection of Sur- - PI should be aware of their surroundings and also of the
veillance actions of the persons under surveillance for any signs
that the surveillance may be compromised
- there is a delicate balance between a PI's "paranoia"
and actual reasons to believe the surveillance may have
been detected

77. PI's commonly - alone on most surveillance cases, however in some

work cases two or more PI's may be assigned to work together
- reasons for this may be aggressive driving nature, mul-
tiple points of exit from a given location, or the subject's
ability to run counter surveillance

78. PI's conduct- - try to keep a constant eye on the subject whenever
ing surveillance possible
alone should

79. When working - it is important to stay in constant communication with

in a surveillance other team members, so that all investigators are aware
team of the subject's actions and location

80. team surveil- - for a variety of surveillance techniques to be employed

lance allows including the caravan metho, leapfrogging and parallel
coverage

81. Interview Tech- - some good sources of information include former spous-
niques - a PI es, relatives, neighbors, business competitors, employ-
may be called ees, employers, business associates, landlords, etc
upon to per-
form interviews
and take witness
statements

82.
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PI's may be hired - witnesses, caregivers, service providers, employers and
to interview neighbours

83. When conduct- 1. Be prepared.

ing an interview, 2. When appropriate, and a witness is expected to be
PI's should keep cooperative, an appointment should be made but under
the following some circumstances a cold call may be advisable
common prac- 3. When you begin interview, greet your subject cordially.
tices in mind: Identify yourself and show your licence.
4. Once the individual has started talking, do not interrupt
them
5. Take your time ending the interview
6. Immediately after an interview, always write your inves-
tigative report (should include all pertinent information)

84. Statements - the key purpose of taking a statement from a witness

is to ensure an accurate record of the recollection of an
event exists
- statement protocols vary from company to company,
dependent upon the policy in place.

85. General good - full name of witness, date of birth, identification

practice is for - employment of witness and contact info
statements to in- - address of witness, location of statement
clude the follow- - date of interview
ing: - time commenced and concluded
- name of PI and company who took the statement
- Into para including day's events and observations
- verbatim (word for word) transcriptions of the witness'
recollection of the events
- closing paragraph that ends the statement

86. Report Writing - PI's regularly complete written reports of occurrences,

duties performed and comprehensive descriptions of their
tasks/observances
- they need to create reports that are objective and stan-
dardized
- should be familiar with the different types of situation-
al reports (legal or insurance) as well as basic report
writing protocols such as date, time, location, actions/be-
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haviours, description of individuals, observations, time of
completion, etc
- also be aware of the legal implications of reports (for
auditing or evidence purposes)

87. Investigators as soon as possible

should make
sure notes and
observations are
recorded

88. a digital recorder - the notes can be made, but the recorder should not
may assist in re- solely be relied on as batteries drain and malfunctions
taining informa- may occur
tion until

89. Upon reviewing - the investigator should enter it at the time of their recol-
his or her notes, lection
if a PI should re- - if there is an error discovered in the notes, the PI should
alize that a criti- draw a line through it and initial the error
cal piece of infor-
mation has been
omitted

90. Final reports - the personal notes and any video taken should be re-
should be made viewed to ensure the accuracy of the day's events
from

91. Standard sur- - subject's name

veillance reports - file number
should always - date and time
include identify- - other key info as per company policy such as weather
ing information conditions, description of video equipment, and neigh-
at the beginning bourhood where the surveillance was conducted
of each report as
follows:

92. Reports as Evi- - subpoena and be called upon to testify in court in relation
dence - PI's may to a case they dealt with, and may therefore be asked to
receive a
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recall specific details about the case, so it is imperative
for the investigator to keep thorough and accurate notes

93. When on the wit- - be permitted to refer to his or her notes. However, the
ness stand, the notes should serve as a memory aid only; if the notes are
PI may, with the clear, they will help the PI recall details about the situation,
court's permis- but the investigator should not have to read directly from
sion the notes. as such, prior to appearing in court, the PI
should carefully review all notes and try to remember as
many details about the situation as possible

94. Undercover Op- all other investigative techniques have been exhausted or
erations - gen- are not applicable
erally undercov-
er operations is
the last resort af-
ter

95. Other tech- - assessments, interviews, interrogations, surveillance,

niques may in- and camera installations
clude

96. Typically, PI's will - investigate workplace-related issues. For example, a

go undercover client may ask the PI to pose as an employee in order
when they are re- to investigate possible theft being committed by another
quired to employee

97. The undercover - the environment

operator should - who the supervisors are
be briefed on: - who the suspects are if known
- what infractions they are looking for
- what will be expected of them as a legitimate employee
- where suspects may congregate within the workplace
and outside

98. A PI should be - confident after reviewing the background material pro-

vided on the organization that he or she will fit in. For
example, if the company employs primarily individuals of
certain ethnic background or who can speak a certain

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language, the PI should be selected based on how well
he or she would fit in the environment

99. According to the - a fake name should not be used on a resume

CRA

100. Supervisors nor- - the undercover operator to ensure their safety, to be

mally manage debriefed in person at the end of each shift, to receive
any evidence seized, to ensure reports are accurate, to
watch for any signs of burnout on the part of the operator,
and to liaise with the client

101. A client may tar- - to observe and collect evidence of, however, the oper-
get specific in- ator may observe infractions the client is not aware of,
fractions for the and should therefore observe and report on all possible
operator infractions or criminal acts observed, company policies
that are breached or health and safety infractions

102. The undercover - must not record any conversations that they are not
operator directly a party to

103. Camera installa- - in areas of high risk. These cameras should not be
tion may be re- placed in any washroom area where people have a rea-
quired sonable expectation of privacy

104. Undercover op- - being seen with targets in public places by people who
erators should know the true identity of the operator
avoid

105. Undercover op- - credibility for court purposes and not jeopardize an
erators must investigation through any conduct which will bring their
maintain their credibility in question, even if such conduct would assist
them in gaining the trust of targets or in establishing their
undercover persona. Examples of this are taking drugs
or drinking alcohol. Investigators should not approach
employees and offer them money to steal something

106. The undercover - encourage, demand or assist in any contravention of any

operator should law, policy or company rule, or enlist others to do so
not - the undercover operator may accept the client's stolen
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property but should not as general rule take part in any
theft. However, in some cases the client may choose to
authorize the PI to participate in the theft if this tactic is
deemed appropriate.
- stolen merchandise may be used at a later date for
evidence in the investigation

107. Monitoring of - the monitoring of the employee' email without notification

Email - accord- to the employee is acceptable if it is monitored on the
ing to estab- company's server or network, as these are the company's
lished canadian properties
practice - however, the practice may also be for employees to sign
a release acknowledging that their computer activities
may be monitored, whether the programs to do so are
installed on the server or on individual computers that are
connected to a company network

108. If the investiga- - the best way to protect the evidence is to isolate the unit
tor finds that and make sure no one else uses it
an employee has
been misusing a
company com-
puter or using it
to conduct illegal
activities

109. If the employee - it is best to simply have the client notify their counsel
is committing a
violation through
their person-
al/home comput-
er (e.g. storing
the company's
intellectual prop-
erty on a person-
al computer)

110. Generally speak- can serve documents. for this purpose, there is no re-
ing, any individ- quirement to be licensed as a PI. however, PI's are often
ual called upon by law firms, companies or individual citizens
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to assist with the service of documents which may occur
as part of an investigation where the intention is to locate
the residence of the individual's or subjects. Therefore, PI
should be familiar with the Rules of Civil Procedure

111. Civil law involves - legal issues between private citizens or businesses

112. Ontario's Rules - the rules for service of documents that may be utilized
of Civil Proce- by the courts, and the manner in which cases proceed
dure set out through the civil courts

113. Unless an appli- - the document must be served personally upon the indi-
cation for substi- vidual named where the rules require personal service
tuted service is
completed,

114. service is affec- once the person serving the document hands it to the
tive person named, whether or not they actually accept the
document or not

115. In a situation - contact the client and advise the situation. The lawyer
where the named or client will then make the necessary applications for
party on the doc- substituted service
ument refuses to
open the door,
the best action
for the PI is to

116. it is important - must be done by the PI that served the documents. Any
to note that the errors discovered before swearing to the accuracy must
"swearing" of an be corrected. When an error has been discovered before
affidavit swearing an affidavit, the investigator is required to inform
the commissioner or person taking the oath, make the
necessary correction, initial the changes and then swear
the affidavit is accurate

117. PI should have - ethnic background

an understand- - education
ing of the differ- - religion
ent types of prej- - gender
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udice that exist - sexual orientation
as a result of - physical or mental disabilities
differences be-
tween people, in-
cluding but not
limited to

118. Legally, PI's must - PSISA as well as the Ontario Human Rights Code
comply with the (provinical legislation) and are therefore obliged to treat
Code of Conduct all persons equally and without discrimination
under the

119. Skills and con- - recognizing differences between relevant/irrelevant facts

cepts that PI and details
should know - making sounds and defensible decisions supported by
how to apply and facts and research
include: - making appropriate judgments suited to the time-frame,
risks and facts of the case and potential hazards/dangers
in the situation
- prioritizing situations/decisions/tasks
- drawing on legislation and laws to make decisions
- preparing next logical steps required for a task/job
- determining who should/should not have access to sen-
sitive or confidential information/locations/people (PIPE-
DA)
- recognizing ethical dilemmas

120. Some general - be brief

rules applicable - be concise
to all communi- - be explicit
cations are - make sure you are understood
- do not be antagonistic

121. Communicating - assertive without being confrontational

tactically, for
example,
ensures that PI's
can be

122. - federal statute

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Personal Infor-
mation Protec-
tion and Elec-
tronic Docu-
ments Act is a
federal, provin-
cial, or municipal
statute?

123. PIPEDA sets out - the collection using disclosure of personal information
the rules that by organisations engaged in commercial activities
govern

124. Freedom of Infor- - provincial

mation and Pro-
tection of Priva-
cy Act (FIPPA) is
a federal, provin-
cial or municipal
statute?

125. FIPPA governs - access two records that are in custody or under the con-
trol of the provincial government designated agencies,
colleges of applied arts and technology and universities

126. Municipal Free- - municipal

dom of Informa-
tion and Protec-
tion of Privacy
Act (MFIPPA) is
a federal, provin-
cial or municipal
statute?

127. MFIPPA governs - records that are in the custody or under the control of
municipalities and some related institutions

128. Admission evi- - voluntary admissions made by an accused and reported

dence by another witness fall outside of the hearsay rule and
may be admissible
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129. Rebuttal Evi- - to deal with new points products by the defence which
dence the prosecution could not have foreseen (example would
be experts may be called to produce evidence that in fact
the night in question was warm and there was no rain)

130. Surrebuttal evi- - evidence is only to deal with rebuttal evidence and no
dence new issues can be raised continuing the rain question
opposing side made question if the qualification of the
weather expert or the validity of his/her machines to ac-
curately record the weather

131. three types of 1. Indictable

criminal of- 2. Hybrid
fences 3. Summary Conviction

132. summary convic- - 6 months imprisonment and a fine of $5000

tion is

133. hybrid offence which include differing levels of severity and the crown is
are those given the option of proceeding under indictment or sum-
mary conviction based on their interpretation of events

134. dual proce- indictable unless otherwise applied by the Crown

dure offence is
deemed to be
held under

135. excessive force section 26

is what section
of the Criminal
Code

136. 4 types of levels 1. Provincial and Territorial courts which handle the great-
of court in cana- est majority of cases that come into the court system
da 2. Provincial and territorial superior courts which deal
with the most serious crimes and also take appeals from
provincial and territorial court judgment
3. Same level but responsible for different issues is the
federal court
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4. the next level is the provincial and territorial courts of
appeal in the federal court of appeal well the highest level
is the supreme court of canada

137. young persons 12-17

under the Youth
Act is consid-
ered

138. accused of the - a jury or by a judge alone

most serious
criminal of-
fences generally
have the right
to choose to be
tried by

139. libel is - written broadcasts or otherwise published words

140. Slander is for - transitory statements

141. Anton piller or- - civil search warrant

der are known as

142. anton piller or- to protect evidence from being destroyed, not to gain
ders are meant litigious advantage, and should only be issued if:
1. the plaintiff demonstrated a strong prima facie case
2. The damage to the plaintiff of the respondent alleged
misconduct potential or actual must be very serious
3. there must be convincing evidence that the defendant
has its possession incriminating documents or things
4. It must be shown that there is a real possibility that the
defendant may destroy such material before the discovery
process can do its work

143. Anton piller or- 1. the plaintiffs have demonstrated a prima facie case
ders can only be 2. The damage to the plaintiff of the respondent alleged
issued if misconduct potential or actual must be very serious
3. there must be convincing evidence that the defendant
has its possession incriminating documents or things
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4. It must be shown that there is a real possibility that the
defendant may destroy such material before the discovery
process can do its work

144. the anton piller 1. the order should make clear the responsibilities of the
order search supervising solicitor continue beyond the search itself
must be con- 2. supervising lawyer should file a report for the search
ducted under the within a time limit describing the execution including who
following guide- was present and what was seized
lines: 3. the plaintiff may be required to file and serve a motion
for review within a set time in case the defendant does not
request such a review
4. if counsel gains access to privileged documents as
a result of an anton piller order, the court must ensure
precautionary steps are taken to prevent any potential
prejudice, including removal of counsel if no alternative
is available

145. recommended - constant temperature and humidity are keys to safe-

storage keeping
conditions for - choose a storage area away from heavy office traffic, in
audiovisual air conditioner or the humidifier can help stabilize condi-
records tions
- monitor temperature and humidity using an instrument
called hygrothermograph
- maintain dust free storage area - regular housekeeping
and air filters can reduce the amount of minute, airborne
particles and scratch audiovisual media and cause signal
loss (keep in closed container)
- store materials away from sources of light heat and wa-
ter. block out harmful ultraviolet light by shooting windows
and installing UV light filters, avoid locating storage areas
and basements, attics, or near heating vents, washrooms
sprinklers and water pipes
- prohibit food and smoking in storage areas - spilled
drinks and food crumbs can contaminate audiovisual
records and equipment in males attract insects.
- cigarette ash is equally undesirable

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146. Containers - - always keep the records in closed - not airtight - contain-
audio-visual ers to protect them from dust and physical damage (acid
records free paperboard and non-corrosive metal)
- certain plastics such as polypropylene or polyester are
considered to be safe storage materials, but do not use
containers made of polyvinyl chloride (PVC)
- always use clean, undamaged containers for storage -
even a few rust spots on metal film canister will accelerate
the deterioration of the film inside
- be sure not to keep an shot-lists, transcripts, or other pa-
pers inside the container; instead put them in an envelope
affixed to the outside

147. Storage Tips - - forward your audiocassettes to the end of one side
Audiocassettes before storing which can help relive the stresses since the
cassette will have to be rewound before it is played. Store
them in clean, plastic cases

148. Videotape - Stor- - forward videocassettes to the end and store in their
age Tips original sleeves or in non-PVC plastic cases
- store them upright, with the full reel at the bottom; do not
stack one on top of another
- open reel videotape should be wound on a reel and kept
in enclosed plastic case

149. Discs - Storage - Keep CD's in their plastic jewel cases and place them
Tips upright on shelves

150. Obligations un- 1. Accountability - an organization is responsible for per-

der PIPEDA sonal information under its control and shall designate
when collecting, an individual or individuals who are accountable for the
using, and dis- organization's compliance with the following principles
closing person- 2. Identifying Purposes
al information in - the purposes for which personal info is collected shall
the course of be identified by the organization at or before the time the
commercial ac- information is collected
tivity 3. Consent
- the knowledge and consent of the individual are required
for the collection, use or disclosure of personal info, ex-
cept where inappropriate
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4. Limiting Collection
- the collection of personal info shall be limited to that
which is necessary for the purposes identified by the
organization. Information shall be collected by fair and
lawful means
5. Limiting Use, Disclosure
and Retention
- personal info shall not be used or disclosed for purposes
other than those for which it was collected, except with the
consent of the individual or as required by law. Personal
info shall be retained only as long as necessary for the
fulfillment of those purposes
6. Accuracy
- personal info shall be as accurate, complete and up to
date as is necessary for the purposes for which it is to be
used
7. Safeguards
- personal info shall be protected by security safeguards
appropriate to the sensitivity of the info
8. Openness
- an organization shall make readily available to individ-
uals specific info about policies, and practices relating to
the management of personal info
9. Individual Access
- upon request, an individual shall be informed of the
existence, use and disclosure of his or her personal info
and shall be given access to that info. An individual shall
be able to challenge the accuracy and completeness of
the info and have it amended as appropriate
10.Challenging Compliance
- an individual shall be able to address a challenge
concerning compliance with the above principles to the
designate individual or individuals accountable for the
organization's compliance

151. retaining and - institutions need to keep audiovisual records only for as
disposing of long as there continues to be an operational requirement
audio-visual to keep them
records - bear in mind that some audiovisual records may need
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to be kept for legal reasons as is the case when a film or
tape is used as legal evidence or is itself a record of court
proceedings
- for additional guidance on the legal value of the audio-
visual records, consult legal counsel

152. how can au- - once their retention has expired and there is no longer
dio-visuals be any operational need to keep audiovisuals records they
disposed of? can be disposed of according to an approved disposition
plan
- usually record managements are responsible for apply
the terms and conditions of these plans. If you are unsure
whether a plan exists for your records contact the info
management office in your department or agency

153. 6 steps of col- 1. wear protective clothing

lecting evidence 2. do not use plastic bags
3. take your time
4. take a picture
5. take detailed notes as you collect the evidence

154. chain of custody 1. Case number

- when collecting 2. Identification number
a piece of evi- 3. Brief description of the item
dence, you must 4. The time, day, date and place of collection
indicate the fol- 5. The name of the person who collected it
lowing on the
package:

155. According to es- - acceptable if it is monitored with the company's server

tablished Cana- or network, as these are company property
da practice, the - however, the practice may also be for employees to sign
monitoring of a release acknowledging that their computer activities
employees email may be monitored whether the programs to do so are
without notifica- installed on the server or an individual computers that are
tion to the em- connected to a company network
ployee is

156. if the PI finds - to isolate the unit and make sure no one else uses it
that an employ-
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ee has been mis-
using the compa-
ny, the best way
to protect the ev-
idence is

157. Skip tracing is - locating people who have gone missing or the name
the art of arose from the idea that one has skipped town or skipped
out on bail

158. types of skip 1. person not intentionally missing

traces 2. person intentionally missing
3. the distant skip (lies somewhere between intentional
and unintentional)
4. Divorce, infidelity, child custody investigations
5. Missing parent

159. Stationary Sur- - sitting for hours in a vehicle and stare at one location
veillance

160. trespass to prop- - provincial statute

erty act is

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