Section Overview

Private investigators are expected to work in accordance with a wide range of criminal and civil legislative and procedural requirements while balancing their own organizational requirements. The trainer outlines the key legal and procedural principles of criminal and civil law as it applies to private investigation.

Suggested duration

In class: 12 hours
Outside class: 10 hours

Minimum requirements

  1. level of authority
    explain the authority to arrest under the Criminal Code (the code)
    • describe the difference between a citizen’s authority to arrest and a police officer’s
    • detail what a private investigator would have to present to the police to have an arrest made
  2. discuss the different criminal offences
    • explain what constitutes an indictable offence under the Criminal Code
    • explain what constitutes an offence punishable on summary conviction under the Criminal Code
    • explain the concept of private information in relation to a private investigator charging an individual with an offence
  3. outline the Canadian criminal court system
    • discuss the Canadian criminal court system, hierarchy of the court system and court protocols/procedures
    • explain court protocols and procedures for the purpose of giving evidence
  4. describe what constitutes intimidation under the Criminal Code, Canada and the effects of intimidation and stalking when conducting surveillance
  5. explain the common elements of tort law and address libel, slander and perjury

Note: This section has five components: Criminal Code, Criminal offences, Canadian criminal court system, Intimidation, and Tort law, libel, slander and perjury.

Criminal Code

Outline

The trainer provides an overview of the Criminal Code, including a breakdown of the different parts and a segment on how to read law. Section 2 of the code should be addressed with particular reference to the definition of a peace officer and a public officer. The student must also be instructed on Section 494 and how to perform a citizen’s arrest.

Working/detailed knowledge

Detailed

Suggested methodology

  1. pre-reading of the relevant sections of the Criminal Code
  2. lecture with discussion regarding how to interpret elements of the Criminal Code
  3. presentation of case examples of abuse of authority
  4. role-playing to conduct a citizen’s arrest (without use of force)
  5. learning journal

Criminal offences

Outline

Private investigators may encounter situations involving indictable or summary offences under the Criminal Code. They need to be able to accurately identify and categorize these offences when on duty. The trainer provides an introduction to the different types of offences and the common offences that must be known to make a citizen’s arrest.

Working/detailed knowledge

Detailed

Suggested methodology

  1. pre-reading on the different types of offences and common offences
  2. lecture on the different levels of seriousness for each type of offence
  3. exercise requiring the student to identify different types of offences
  4. learning journal.

Canadian criminal court system

Outline

The trainer identifies the skills and knowledge required to present evidence in a judicial environment. Private investigators may be required to prepare for legal proceedings, present evidence and follow up on the outcomes. Every investigation should be conducted as if the case could potentially go to trial and procedural and administrative requirements should be completed with the utmost care. The trainer discusses the different levels of the court system including how to prepare for trial/court, how to prepare for testimony, how to share the results of an investigation or evidence and how to prepare witnesses for court.

Working/detailed knowledge

Working

Suggested methodology

  1. lecture describing the Canadian criminal court system
  2. exercise regarding the preparation for trial and/or preparation of witnesses for court
  3. simulation or mock trial presenting testimonies and evidence
  4. learning journal

Intimidation

Outline

Private investigators may be put in situations where intimidation, as defined by the Criminal Code, occurs. They must be able to recognize when intimidation is being used against them and how they can become involved in intimidation and/or stalking when conducting surveillance. The trainer explains the consequences of breaching the Criminal Code and how intimidation and stalking may impact the admissibility of evidence. Section 423 of the Code is discussed.

Working/detailed knowledge

Detailed

Suggested methodology

  1. pre-reading of Section 423 of the Criminal Code
  2. lecture with group discussion
  3. examples of case law related to intimidation
  4. demonstration of what is and is not acceptable
  5. learning journal

Tort law, libel, slander and perjury

Outline

Private investigators must ensure that they are completing their job within their lawful authority. The trainer explains the common/relevant elements of tort law, libel, slander and perjury that are required to investigate the facts of a case appropriately.

Working/detailed knowledge

Detailed

Suggested methodology

  1. pre-reading on relevant cases and different categories of tort law
  2. lecture with discussion on what is not acceptable and best practices
  3. learning journal.

Suggested training evaluation for section

A quiz addressing the pertinent components of the Criminal Code, criminal offences, the Canadian criminal court system, intimidation, and tort law.