The Unlicensed Ride-Along and the Hotel Front Desk
You are a licensed private investigator employed by an agency that holds an agency licence under the Private Security and Investigative Services Act, 2005. A family-law lawyer retains your agency to document whether her client's former spouse is cohabiting with a new partner. The spouse is staying at a downtown hotel for three nights. The lawyer asks you to telephone the hotel front desk, identify yourself as a police officer, and confirm the room number and whether a second adult is registered. She also suggests that your 19-year-old cousin, who has no licence, ride along in the surveillance vehicle to 'learn the business' and help with photographs. Your supervisor says the client is paying for results and that 'small shortcuts are normal.' You have not yet started the assignment. The hotel is 6 km from your office; the spouse's vehicle is parked in the hotel's underground garage. You have a digital camera and a valid PI licence.
1. May your cousin accompany you and help with photographs and surveillance? Explain your reasoning under the PSISA and the risks to you and the agency.
Read the worked answer
No. Under the PSISA, a person must hold a private investigator licence to perform private investigation services, and an agency must hold an agency licence. Your cousin would be doing more than passively observing: helping with photographs and surveillance is core investigative work. There is no informal 'ride-along' exemption for an unlicensed 19-year-old. Allowing it could expose your cousin to prosecution, expose you and the agency to discipline or licence action, and give the client's lawyer a credibility problem. If the agency wants to train someone, that person must be licensed and complete any required training before performing services. You can explain to the client that only licensed staff will conduct the assignment, and document the refusal. Do not let the supervisor's 'small shortcuts' comment override the Act; your licence is the thing at risk.
2. The lawyer insists that you call the hotel and say you are a police officer. May you do it? What lawful alternatives exist?
Read the worked answer
No. Calling the hotel and saying you are a police officer is impersonating a peace officer, contrary to Criminal Code s. 130, and it is also a serious ethics breach. The client's instruction does not make it lawful. It could taint any evidence you obtain and expose you to criminal charges and civil liability. The lawful approach is to use public observations: watch the lobby, garage, and entrances from public areas; record vehicle presence and the companion's description; note times. You can also ask the hotel whether it will confirm a guest's presence, but the hotel is entitled to refuse for privacy reasons. If the lawyer needs registration records, she can seek them by subpoena or court order. Document the client's request and your refusal.