Private Investigator Flashcards
Investigators may NOT use which of the following techniques during a case?
surveillance targeted interviews ”bug” someone’s cellphone collection of open source intelligence.
“bug” someone’s cellphone
Investigators make inquiries, collect information and create reports for:
government bodies insurance companies private individuals all of the above
all of the above
In playing a significant role in the safety and security of Ontario citizens, licensed private investigators may perform which of the following?
work with Police to investigate corporate or insurance crime.
gather information for lawyers about defendants or witnesses in criminal or civil cases.
conduct pre-employment checks.
all of the above
all of the above
In collecting the evidence they need for a criminal case, investigators may NOT:
contact Police break traffic laws while following the subject. take photographs and video of events. search through public or client records.
break traffic laws while following the subject
Regardless of the type of investigation, an investigator is expected to:
behave in a discreet, ethical and professional manner. maintain procedural fairness. maintain objectivity. all of the above
all of the above
Which of the following is NOT a general principle that guides all investigations?
decision making is based on a “hunch”. investigations are conducted in an objective manner, absent of bias. investigations are conducted in a lawful and transparent manner. professional processes are followed and documented.
decision making is based on a “hunch”
Which of the following is NOT part of a new investigative plan file?
identify the purpose or goal of the investigation. clarify the scope of the investigation. liaise with law enforcement. identify required resources. identify budget.
liaise with law enforcement
A common issue an investigator will need to address is managing client expectations of what is possible and?
affordable efficient legal none of the above
legal
As a licensed investigator you have the expertise needed to do any investigation.
True False
False
As an investigator hired by the client to find a private individual, you can release any information you find to your client.
True False
False
In locating an individual for a person who then assaults the individual, you could be charged as party to the offense.
True False
True
Which of the following would be considered specialized areas of investigation?
Regulatory enforcement. Loss prevention. Worker’s compensation. Securities. All of the above
All of the above
In-house/internal investigations typically focus on issues of:
compliance with standards, policies, codes of behaviour or regulations. internal theft/fraud. inventory loss/theft. allegations of inappropriate, unethical or illegal behaviour. all of the above
All of the above
In Regulatory investigations, Investigators are often tasked with inquiring into:
public complaints alleging breaches of the professional code of ethics. internal complaints of harassment or discrimination. breaches of professional practice. all of the above
All of the above
In Barrister and Solicitor investigations, when an investigator uncovers findings that are detrimental to the case, the investigator must:
present them in ways that colour the findings as beneficial. get approval or additional direction from the client before presenting them to the lawyer. provide them to the lawyer, whether beneficial to the case or not. suppress that information for the benefit of the client and the case.
provide them to the lawyer, whether beneficial to the case or not
A solid understanding of privacy law and regulations is required to be successful in Location of Persons investigations.
True False
True
Location of Persons investigations are often referred to as:
Finds MIAs Locates None of the above
Locates
In Locations of Persons investigations, investigators must be aware of access to information issues. If the information can be found in publicly available information, it can be released to the client directly.
True False
True
The ability to access and search many databases is key to success in the field of Corporate and Due Diligence investigations.
True False
True
Insurance investigators usually break down into three areas: the in-house investigator, the background and statement taking investigator, and the surveillance investigator.
True False
True
Loss Prevention investigators are unique in that they are most likely to be arresting individuals for crimes. Their ability to arrest is based on the citizen’s power of arrest under the Criminal Code of Canada.
True False
True
All investigators require the same skills and background knowledge.
True False
False
An occupational health and safety investigator can face a number of risks and hazards which could include:
chemicals gas and oil spills structural hazards electrical hazards all of the above
All of the above
Once an investigator receives their license, they have all the skills needed to embark on any investigation.
True False
False
Which field(s) of specialized investigation is most likely to include physically arresting people?
In-house Occupational health and safety. Retail Barristers and solicitors
Retail
In conducting a “locate” or a private client inquiry, the investigator must be aware of:
Motive of the client. Disclosure of personal information. Risk of being party to an offence. All of the above
All of the above
Simply by obtaining a license as a private investigator, a new investigator can start business and take in clients.
True False
False
The only insurance required for an investigations company is for worker’s compensation.
True False
False
A services agreement or contract setting out fees and the work to be performed is one of the most important documents to agree on at the start of a new client assignment.
True False
True
It is important to fully understand and abide by individual client guidelines on such things as surveillance procedures, format of reports and billing procedures.
True False
True
Investigators entering the field need to develop experience in the business side of investigations and be prepared to:
manage or operate a successful business. comply with appropriate legislation. mitigate risks unique to their industry. all of the above
All of the above
The PSISA defines a Private Investigator as a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information on the following:
the character or actions of a person. the business or occupation of a person. the whereabouts of persons or property. all of the above
All the above
The PSISA outlines a Code of Conduct that business licensees must enforce for all individual licensees it employs or engages the services of. Which of the following is NOT TRUE of that Code of Conduct?
An individual licensee shall refrain from using profane, abusive or insulting language or actions that are otherwise uncivil to any member of the public.
An individual licensee shall exercise due force while on duty when the licensee recognizes it as necessary to the performance of the individual licensee’s duties.
An individual licensee shall not willfully or negligently make a false statement or complaint against another licensee.
An individual licensee shall not be unfit for duty, while working, through consumption of alcohol or drugs.
An individual licensee shall exercise due force while on duty when the licensee recognizes it as necessary to the performance of the individual licensee’s duties
Duty of Care” may be defined as a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.
True False
True
The investigation industry in Ontario, including both individual investigators and the agencies that employ them, is regulated by the Federal Ministry of Justice.
True False
False (MCSCS)
Which of the following basic qualifications are NOT needed to qualify for a license as a private investigator under the PSISA?
the person possesses a clean criminal record.
the person is 18 years old or older.
the person is entitled to work in Canada.
the person has successfully passed.
firearms training.
firearms training
Once licensed, an investigator is required by law to carry their license with them at all times.
True False
False
An investigator is not required by law to show proof of licensing upon request by a member of the public if doing so may impede their ability to effectively perform their duties.
True False
True
The Registrar may decline to issue or renew a license if the applicant is liable to pay a fine for a provincial offense that has not been paid.
True False
True
Though there are some limitations on the role and duties of licensed investigators, because of their training, they have more lawful authority or privilege to conduct an inquiry than private citizens.
True False
False
Which of the following tasks are licensed investigators NOT allowed to conduct?
access confidential databases such as criminal records intercept private communications execute search warrants all of the above
All of the above
There may be instances where a client asks an investigator to step outside their lawful authority, or engage in unethical practices. Which of the following real life examples would fall within their lawful authority?
Plant a hidden listening device in a company boardroom. Observe a disability insurance claimant to see if he is working at another job while he is claiming disability. Track down the hiding abused wife for a battering husband. Illicitly obtain the intellectual property of a competing company.
Observe a disability insurance claimant to see if he is working at another job while he is claiming disability.
The PSISA and Regulations specifies a Code of Conduct for licensed private investigators. Which of the following does the Code of Conduct NOT allow for a licensed private investigator?
Use of excessive force in any situation the investigator deems necessary.
Act with honesty and integrity.
Treat all persons without discrimination.
Avoid using profanity.
Use of excessive force in any situation the investigator deems necessary.
If in the exercise of his or her duties an investigator has cause to use force, the government gives a “benefit of the doubt” understanding that given their training and license, the investigator exercises adequate professional judgement in the use of force. Only in situations where a complaint is lodged are reports necessary.
True False
False
The purpose, in part, of a formal complaints process is to ensure that Codes of Conduct are upheld and investigations are conducted with integrity.
True False
True
Under Part 5 of the PSISA, after the action or circumstance giving rise to the complaint occurs, any person may make a complaint about an investigator in writing to the Registrar within:
30 days 60 days 90 days None of the above
90 days
Under Part 5 of the PSISA, which of the following is NOT TRUE about how the Registrar must deal with complaints about investigators?
The Registrar may deem the complaint frivolous and vexatious or made in bad faith. If the Registrar considers the complaint as a breach of the Code of Conduct, the Registrar shall refer the complaint to a facilitator. The Registrar may disregard the facilitator’s recommendations and impose their remedial instructions as a condition of the license. All of the above.
The Registrar may disregard the facilitator’s recommendations and impose their remedial instructions as a condition of the license.
Under Part 5 of the PSISA, if a complaint goes to facilitation, the facilitation shall not take place without the participation of the complainant and the licensee must attend any meetings required by the facilitator.
True False
True
Under Part 5 of the PSISA, both the Registrar and an appointed investigator may initiate an investigation based on a complaint alleging a contravention of this Act, the regulations or a condition of a license.
True False
True
Under Part 5 of the PSISA, a warrant issued shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a Justice of the Peace may extend the date of expiry for an additional period of no more than 60 days, on application without notice by the investigator named in the warrant.
True False
False
An investigator may take possession of a license, if while acting in the course of his or her duties, the investigator believes on reasonable grounds that the license is required to be returned to the Registrar under the Act or is being used contrary to the Act.
True False
True
You are required by occupational health and safety law to identify hazards through an assessment and prepare written reports outlining mitigation measures, prior to commencing work at a site.
True False
True
Everyone has responsibilities under the OHS Act, Regulations and Code, “not knowing” is not a viable excuse or reason to not follow the law.
True False
True
You do not have to follow the “Hierarchy of Controls” (elimination, engineering, administrative, personal protective equipment) because you are going to solely rely on your client to do this for you.
True False
False
You do not have any obligation to stop unsafe work conditions or practices at a workplace because it is the client’s responsibility.
True False
False
Which of the following are examples of personal information that you need to be aware of protecting as an investigator?
telephone number. name,age,weight,height. credit records, loan records. visual images such as photos and videos where the subject may be identified. all of the above.
All of the above
The Federal legislation known as PIPEDA stands for:
Professional Investigators and Private Eye Duty Act. Private Information Protection and Electronic Documents Act. Personal Information Protection and Electronic Documents Act. None of the above
Personal Information Protection and Electronic Documents Act.
When it comes to privacy legislation, the concept of a reasonable person is based on what a normal, cautious and prudent person if he or she was presented with all of the evidence and various perspectives, would think is reasonable with regard to the collection, use and disclosure of personal information.
True False
True
In Ontario, like B.C., Alberta and Quebec, the private sector privacy legislation has been deemed substantially similar to PIPEDA; therefore PIPEDA does not supersede FIPPA in Ontario.
True False
False
Which of the following legislation governs records that are in the custody or under the control of municipalities and some related institutions?
PIPA FIPPA PIPEDA MFIPPA All of the above None of the above
MFIPPA
PIPEDA applies to employee information only in connection with Federal works, undertakings or businesses.
True False
True
When collecting, using and disclosing personal information, licensed business entities must always have the consent of the person to whom the personal information belongs.
True False
False
Under which circumstances, if any, may an organization collect personal information without the consent or knowledge of the individual?
The collection is solely for journalistic, artistic or literary purposes. The information is publicly available and is specified by the regulations. It is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information. The collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a Province. All of the above. None of the above.
All of the above
Which of the following privacy-conscious policies and practices regarding investigations and video surveillance could an employer take to ensure PIPEDA compliance?
Use video surveillance as a last resort to be used only after all other avenues of collecting personal information have been exhausted. The decision to undertake video surveillance should be made at a very senior level of the organization. The private investigator should be instructed to collect personal information in accordance with the Act, being especially mindful of Principle 4.4. All of the above.
All of the above
An employer may place a GPS tracking device on any car that an employee is using to conduct company business if it is deemed necessary to track its location in order to investigate a breach of contract situation.
True False
False
WHMIS stands for:
Worker Hazard Mitigation Information System.
Workplace Hazardous Materials Information System.
Work Hazard Materials Intervention System.
None of the above.
Workplace Hazardous Materials Information System.
Under WHMIS, which of the following ways must information be provided on hazardous materials?
supplier labels and workplace labels on hazardous materials containers. material safety data sheets worker education programs. all of the above. none of the above.
All of the above
All workers have the legal right to refuse unsafe work, if they feel (with good reason) that they (or others) may be put in harm’s way.
True False
True
FIPPA
Freedom of information and protection of Privacy Act
PIPEDA
Personal information protection and Electronic Documents Act
MFIPPA
Municipal Freedom of information and Protection of Privacy Act
Code of Conduct
What kind of behaviour is appropriate or inappropriate
PSISA
Private Security & Investigator Services Act
Duty of Care
A requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would
Direct evidence
Testimony of a person with respect to someone that person witnessed directly
Circumstantial evidence
Evidence that relates to a series of facts other than the particular facts ought to be proved
Hearsay evidence
Witness presents a statement that was made to them by another person, who is not present at trial
Admissions
Voluntary admissions made by an accused and reported by another witness fall outside the hearsay rule and may be admissible
Admissible evidence
Is relevant evidence to a proceeding that has not been excluded by a judge
Documentary evidence
Any written thing capable of being made evidence no matter on what material it may be inscribed.. including- books, video, photos, computer
Real evidence
Physical evidence refers to items present in court
Trace evidence
Finger prints, foot prints, piece of clothing, hair
Lay (opinion) evidence
A opinion of a person who is not qualified as an expert
Unsworn evidence
Evidence of a Witness who doesn’t appear to understand the nature of an oath or a solemn affirmation
S.T.O.P. Principle
S-stop before you do anything
T-think about hazard or condition, how it can harm you
O-observe the circumstances and evaluate/assess the situation
P-plan your next step(s) including required mitigation measures
The Provincial Offences Act
Outlines the measures taken when dealing with violations of provincial & municipal laws
The Employment Standards Act
The Ontario ministry of labour oversees the application of the employment standards Act
Occupational Health and Safety Act (OHSA)
Safe work environment for Employees to work in
What are the two Federal privacy Acts
Privacy Act
PIPEDA (Personal Information Protection and Electronic Documents Act
Provincial Laws - Ontario
FIPPA- Freedom of information and protection of privacy Act
MFIPPA- Municipal freedom of information and protection of privacy Act
Personal health information protection Act
Ontario evidence Act & Canada Evidence Act
Relation to the processing the admissibility / inadmissibility of evidence and who is eligible to give evidence
Examination in chief
Witness will tell the story as he/her knows it - leading questions are not allowed except for introduce the witness- your name so & so?
Cross examination
Conducted by the opposing side, this will be occasion to show inconsistencies in the witness’s story -leading question are permitted with approval of the court
Re-examination
This is conducted for the purpose of clarifying a particular point. No new evidence & no leading questions
Rebuttal evidence
Evidence is to deal with new points brought up by the defence
Surrebuttal evidence
Evidence is only to deal with rebuttal evidence and no new issues can be raised
Communication during marriage
No husband / wife is compelled to disclose any communication made to him or her by spouse during their marriage
MSDS
Material Safety Data Sheets
4 levels of court in Canada
Provincial/Territorial courts- majority of cases.
Provincial/Territorial Superior courts - serious crimes.
Federal courts
Provincial/Territorial court of Appeal & Federal court of Appeal.
Supreme Court of Canada- highest level.
Court of Appeal for Ontario
Highest level of court in Province
Composed of:
Federal appointed Chief justice of Ontario
An Associate Chief justice of Ontario
And many other judges
1-3 judges depending on the appeal
This court sits separate from Ontario courts and usually provides final ruling, an appeal on this ruling goes to supreme court of canada
Court of Ontario
The Supreme Court of justice
The Ontario court of justice
Superior court of justice
Most serious criminal law & youth criminal justice matters.
Also civil cases:
Divorce cases including a large amount of money
Superior Courts (3 branches)
Divisional court- appellate court only hears, up to $50,000.00
Family Court (unified family court) -divorce, child/spousal support, custody, adoption and child protection cases
Small claims court- hears civil action claims up to $25,000.00
Ontario court of justice - lowest level provincial court, also considered a youth court
Justices of the peace hearing
Bail hearings
Application for search warrants
Prosecution of provincial offences for violations of provincial laws-
highway traffic Acts
Occupational health and safety Act
Liquor control Act
Compulsory automobile ins Act
Provincial/Territorial courts
Each province and territory with exception of Nunavut, has a provincial and territorial courts hears cases involving federal or provincial/territorial laws
In Ontario judges
Are appointed by the provincial government
Have been lawyers for 10yr
Hear criminal, youth/ family trials without jury - final decision
In criminal cases - judge decides whether not guilty or guilty and imposes sentence
Justice of the Peace
Appointed by provincial government and referred to as “Your Worship”
They do not have to be a lawyer
Have 10yrs pd or volunteer work experience & university degree or college diploma
Maybe the only person a member of the public may ever meet
Provincial/Territorial superior courts
Various names:
Supreme Court of justice
Supreme Court
Court of Queens bench
Administered by the Provinces & Territories, the judges are appointed and paid by the federal government
Courts of appeal
Usually a panel of 3
The federal Courts
Federal court & federal court of appeal are essentially superior courts with civil jurisdiction.
The courts were created by the Act of Parliament
Trail by jury
Under Canadian charter of rights and freedoms- an individual generally have the right to be tried by jury or judge alone
Supreme Court of Canada
Is the final court of appeal from all Canadian courts
Consists of:
Chief of justice
8 other judges (3 judges from Quebec, 3 from Ontario, 2 western Canada, 1 from Atlantic provinces
All appointed by federal government.
They sit in Ottawa for 3 sessions: winter, spring & fall
Before a case reaches supreme court of Canada, it must have used up all available appeals. Then the court must grant permission or leave, before it will hear the case. In writing and reviewed by 3 members of the court, who the will grant or deny the request without providing reason.
Certain situations however the right to appeal is automatic.
Voir Dire
Trial within a trial
Charter of Rights and Freedoms
34 sections
PI rights in section 1,7 though 15
1- rights and limitations
7- Right of life, liberty and security of person
8- search or seizure
9- detention or imprisonment
10- arrests or detention
11- proceedings in criminal and penal matters
12- treatment or punishment
13- self incrimination
14- interpreter
15- Equality rights
Everyone has the right live in freedom and safety.
Everyone has the right to not be unreasonably searched or have things taken from them.
Everyone has the right to not be detained or imprisoned without reason.
Everyone has the right to be told the reason they have been detained or arrested.
The rights defined in sections 7 through 15 of the Canadian Charter of Rights and Freedoms are most important to a private investigator.
True False
True
Section 8 of The Charter states,”Everyone has the right to be secure against unreasonable search or seizure.”
True False
True
Failure to conduct your investigation work within the Canadian Charter of Rights and Freedoms could result in:
a ban of the evidence in your case from court. the wasted time and expense of your investigation. a legal opportunity for a defendant to pursue you for damages. a legal opportunity for a defendant to pursue your company for damages. harm to your reputation, the reputation of your employer, and your position as an investigator. all of the above
All of the above
Ontario Human Rights Code outlines 5 protected social areas where it applies. Select 2 areas which are of most concern to investigators.
Services Accommodation (housing) Contracts Employment Unions and Vocational associations
Services &
Employment
The penalties for violating the Ontario Human Rights Code are significant, with fines up to _______ against those that hinder, obstruct or interfere with the Commission Investigators.
$100,000.00 $5,000.00 $10,000.00 $25,000.00
25,000.00
The Criminal Code of Canada gives a private investigator additional rights to make arrests or searches.
True False
False
The Criminal Code of Canada covers all illegal and unlawful acts.
True False
False
Arrest is the process of detaining an individual for the purposes of investigating the individual’s possible involvement in a criminal activity.
True False
True