1
Necessary Change I clearly remember the introduction of the television into my family home. This memory is part of a slideshow of significant milestones. I was reading. I could pick up the telephone receiver and ask the Operator to let me talk with my best friend two blocks away. And; I dug up my cat who I buried the week before. I knew stuff. I did know what a TV was, before one showed up in our living room. A memory of living with my Grandmother, is about watching the late night news. This news watching routine carried on for years. It ended on September 11, 2001; after witnessing people jumping from the Towers. I chose to take my news in print. It has made a difference, a positive difference.. I remember when computers became Home PC’s. Then came the internet. Then the browser that opened the door to the WWW. I will, without doubt; remember my intro to digital publishing. js
September 22, 2018. 5:56 pm Rorke Avenue N
2
3
WHAT I LEARNED ABOUT the PRIVATE INVESTIGATOR ONTARIO LICENCE
4
It Takes Many Threads to Weave a Tangled Web ‘ … hadn’t thought this much ‘law’ would be included’ js
The Private Investigation Industry in Ontario is the responsibility of the Ministry of Community Safety and Correctional Services, and guided by the Private Security and Investigative Services Act 2005. This act was enforced in 2007 and mandatory training came into effect in 2010. This Act was in response to the identified need for public safety and a qualified workforce. The PSISA is further interpreted through the What Where When Who Why of collecting and storing personal information, and evidence. Federal: Personal Information Protection and Electronic Documents Act Canada Evidence Act Canadian Charter of Rights and Freedoms Provincial: Freedom of Information Protection Privacy Act Ontario Evidence Act Trespass to Property Act Ontario Human Rights Code
Municipal: Municipal Freedom of Information Protection Privacy Act
Licensing Requirements ● ● ● ● ●
can legally be employed clean criminal record 18 + years 50 hours of training as approved by Ministry 77% minimum Ministry test results
5 ●
valid identification and guarantor
Code of Conduct Individual licensees
While working as a private investigator ● act with honesty and integrity ● respect property and equipment ● comply with all federal, provincial and municipal laws; ● treat all persons equally, without discrimination of a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability ● refrain from profane, abusive or insulting language or actions ● refrain from exercising unnecessary force ● respect the privacy of others Private Investigators perform work, that consists primarily of conducting investigations to provide information on the character, actions, occupation and whereabouts of a person.
An offence under the PSISA: Fine of up to $25,000, imprisonment for up to one year; or both.
‘ … need to remember why “reasonable” is used repetitively throughout the Criminal Code of Canada’ js
6
Relevant sections of Criminal Code of Canada
Flash Cards ARREST without warrant
494
EXCESSIVE FORCE
26
SELF DEFENSE
34
MISLEADING
131
KIDNAPPING
279
FALSE PRETENCE
361
B&E
348
PRIVACY
183
HARASSMENT
264
INTIMIDATION
423
THEFT
322
FRAUD
380
‘ … need to be clear about why information is introduced and recognise its purpose as the structure investigative work takes place. It’s about boundaries, checks and balances’ js
7
Law ● ● ● ●
Criminal Law Civil Law Case Law Common Law
Tort Law falls within Civil Law and are actions that cause harm either by intent or by accident. Intentional torts include misrepresentations, slander and fraud. An unintentional tort results from negligence.
OFFENSE ● ● ●
Indictable Summary Hybryd
EVIDENCE ● ● ● ● ● ● ● ●
Direct Circumstantial Hearsay Documentary Real Trace Opinion Un-sworn
The Best Evidence Rule applies to documentary evidence, essentially original copy of direct evidence. Steps to contain evidence: 1. Secure 2. Collect 3.Preserve 4. Identify 5. Ensure Continuity
8 6. Log
INVESTIGATIVE TECHNIQUES ● ● ●
Research Surveillance Interviewing An interview is an artful conversation for the purpose of gathering and verifying information that identifies truths and potential evidence. An interrogation is an intense, and specific method of asking questions for the purpose of exposing information that is not willingly given, including confession.
js
INVESTIGATIVE SKILLS ● ● ●
Communication Tactical Communication Interpersonal Skills
Cognitive: The purpose of this method of interviewing is to walk the Subject through events, with attention to details, prompting Subject to remember specific details about persons, events, scene and circumstance. A series of questions focus attention on Subjects use of all senses to recall, to remember aspects that are not readily available throughout the telling of their 'story'.
9 A Statement begins with an introduction that explains the purpose of the Statement and identifies all relevant events. Statement includes: + Full name, date of birth and contact information of person making the Statement + Date, Time and Location Statement is taken + Name of Investigator and/or Investigation Agency + Word for word transcription of Investigator questions and Subjects response A Statement includes a closing that indicates an end to the response, noting that statement was given voluntarily, and information given to ensure informed consent. The Subject reads complete statement, makes corrections if required and acknowledges having read the specific number of pages that contain the statement, and recognize all content as true. The Subject signs the Statement. The Statement is clearly marked to indicate there is no additional information added, secured and delivered within established protocol. An investigative report is comprehensive, and documents details about occurrences and the duties performed. The report is objective and follows a standardized format that includes the Mandate, a Conclusion and Recommendations. A report is double spaced, grammatically correct and properly paragraphed. The report is written as soon as possible, from hand written notes or recording, clearly marked with the date and time the investigation started and ended, as well as that of the Report. Report includes: + Location of investigation and Investigators name + Detailed descriptions of all information gathered, names, addresses and whether facts are from the writers' actions and observations or that of another. + A list of all non-documentary evidence and where these can be located + Original copies of all documentary evidence - sketches, statements, photos
THE INVESTIGATION
10
PRELIMINARY DETAILED FOLLOW-UP CONCLUSION
Observe, Document and Search; Identify,Collect and Preserve; Reconstruct the occurrence and Determine an approach; Determine motive, Narrow possibilities, Interview Witnesses and Suspects
PI NOTEBOOK Date of Query:
Time:
Location:
Date of Report:
Time:
Location:
Event:
11 Investigator:
Client Name:
Contact Name:
Address: City: Postal Code: Telephone No.: E-mai: Company Name:
Client agrees there is no restraining order/peace bond or protection order or any other such order against Client for this Subject ? Client agrees there has never been a charge of stalking or aggravated stalking against Client for this Subject ?
Subject's Personal Information First Name: Address: City: Postal Code: Telephone No.:
Middle:
Last:
12 Gender/Pronoun:: Height: Weight: Date of Birth: Driver License #: Marital Status: Name of spouse / partner: Children: Ages: Photograph available: Subject's Description: Vehicle Information Plate #:
Make/Model: Employment Information
Employer: Telephone:
Position: Address:
Any known appointments coming up ?
Has previous surveillance been conducted on subject or family member ?
Does subject hold any license or specialized training?
Reason for surveillance or investigative research:
13
SQ3R Reading Method and MCSCS Study Guide Read the Title: Self-Management
Skills
Read the summary/overview: Read Bold Heading: Acting under Stress Time Management Working Independently and in a Team Adaptability
14 Create Q’s from Headings: Acting under Stress ? identified primary stressors ? coping strategies Time Management ? primary tasks ? multi-tasking Working Independently and in a Team ? roles and responsibilities ? primary skills
Read Recite Review
Key Principles Of Communication And Interaction Communication Skills + modes of communication + primary skills Tactical Communication + what is + when to use + skill development
15
Interpersonal Skills + motivation/purpose References/Resources
Postscript January 26/19 Process Timeline
September 14, 2018 - January 29, 2019
9/14/2018 Received Ontario Testing Completion Number 9/17/2018 Received PI Testing Reservations 11/06/2018 10:00 AM Wrote Test 11/6/2018 3:05 PM Test Results Notification: Pass 11/26/2018 5:37 PM Private Investigator Licence Application Submitted The two identification documents required need to state the same last name. My birth certificate carries my maiden name and driver’s license my married name ‌ so I also submitted a marriage certificate to explain. 12/10/2018 3:31 PM Application returned The marriage certificate needs to be government issued.
12/22/2018 2:26 PM Application re-submitted In 44 years I had never had a government issued marriage, so I got one.
16
1/11/2019 Application returned 1/11/2019 5:10 PM Application re-submitted The application platform offers three upload options. The need to submit explanation of change of name requires four ‌ so I noted in the title of the file uploaded that it was a two page document. 1/29/2019 Application approved, Ontario License ‌ check it out