Professional Documents
Culture Documents
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?
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
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,.
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
2 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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.
14. PI's should have - criminal, civil, case, and common law
a basic under-
3 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
standing of the
various statutes
that apply to their
field in Ontario,
and should be fa-
miliar with
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
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)
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
5 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
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.
6 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
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.
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
7 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
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
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
8 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
police as soon as possible and deliver the individual to a
police officer
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
9 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
- 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
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
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
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
10 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
Criminal Code of
Canada
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
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
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
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
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
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.
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
14 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
- to obtain information prior to conducting an interview
- to obtain evidence for use in court
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,
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
78. PI's conduct- - try to keep a constant eye on the subject whenever
ing surveillance possible
alone should
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.
16 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
PI's may be hired - witnesses, caregivers, service providers, employers and
to interview neighbours
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
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
18 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
19 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
language, the PI should be selected based on how well
he or she would fit in the environment
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
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
21 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
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
123. PIPEDA sets out - the collection using disclosure of personal information
the rules that by organisations engaged in commercial activities
govern
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
127. MFIPPA governs - records that are in the custody or under the control of
municipalities and some related institutions
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
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
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
25 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
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
26 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
27 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
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
29 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
156. if the PI finds - to isolate the unit and make sure no one else uses it
that an employ-
30 / 31
PI Exam
Study online at https://quizlet.com/_9t33w0
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
159. Stationary Sur- - sitting for hours in a vehicle and stare at one location
veillance
31 / 31