Ontario Private Investigator key terms

A credential issued by Ontario's Chief Registrar under the Private Security and Investigative Services Act, 2005 that authorizes the holder to perform private investigation services for remuneration. Licensees must carry their licence card while working.

The senior official in Ontario's Ministry of the Solicitor General who administers the licensing regime for security guards and private investigators: issuing, renewing, suspending and revoking licences, and receiving complaints about licensees.

A decision by the Chief Registrar to withdraw a licence temporarily or permanently, on prescribed grounds such as providing false information, failing to meet licensing requirements, or committing professional misconduct. The licensee may appeal to the Licence Appeal Tribunal.

Section 494 of the Criminal Code lets any person arrest someone found committing an indictable offence, or someone believed on reasonable grounds to have committed an offence and who is escaping from and freshly pursued by persons with lawful authority.

The factual threshold for arrest, search or laying a charge: facts and circumstances that would lead an ordinary, prudent person to believe an offence has been committed. Suspicion alone is not enough.

A serious criminal offence prosecuted on indictment. It carries higher maximum penalties, may be tried by a judge and jury, and generally has no six-month limitation period.

A less serious criminal offence tried summarily in the Ontario Court of Justice, with lower maximum penalties and, for most such offences, a six-month limitation period for laying the information.

A brief detention of a person based on reasonable suspicion, connected to a particular offence and necessary to investigate it. Canadian courts recognize this limited police power; private investigators generally have no such authority.

Section 10(b) of the Canadian Charter of Rights and Freedoms: on arrest or detention, a person must be told promptly of the reason and informed of the right to retain and instruct a lawyer without delay.

Ontario legislation that sets out how provincial and municipal offences - such as trespassing or traffic violations - are charged, prosecuted and appealed, mainly in the Ontario Court of Justice.

Ontario's statute allowing an occupier to prohibit entry or certain activities on premises and to remove or arrest a person found trespassing. It is often the legal basis for private investigators working on private property.

The Personal Information Protection and Electronic Documents Act, a federal statute governing how private-sector organizations collect, use and disclose personal information. It affects how investigators may gather and report on individuals' personal information.

Federal legislation governing the prosecution of people aged 12 to 17. It imposes special limits on questioning young persons and protects their identity, which matters whenever an investigation touches a youth.

The written agreement that defines an investigator's engagement with a client: the purpose, tasks, time frame, fees and reporting expectations. A clear retainer helps prevent scope disputes and conflicts later.

The boundaries of what an investigator is licensed, retained and lawfully permitted to do on a file. Acting outside the scope - for example, exceeding client instructions - can create liability and disciplinary consequences.

A cover story or false reason used to obtain information or cooperation without revealing the real purpose of an inquiry. Pretexts must stay within lawful limits: never impersonating police or inducing criminal conduct.

The documented, unbroken record of every person who handled an item of evidence, plus when, where and why. Gaps in the chain can weaken or destroy an item's value in court.

An out-of-court statement offered to prove the truth of what it says. Hearsay is generally inadmissible unless the speaker is unavailable and the statement meets a recognized exception.

The long-standing principle that the original of a document or recording is preferred over copies or descriptions when its contents are disputed. Investigators should preserve and produce originals.

Evidence of a fact from which the court may infer another fact, such as a footprint suggesting presence. It can support a conviction if the inference is compelling and consistent only with guilt.

The obligation of a party to prove a fact to the required standard. In criminal cases the Crown must prove guilt beyond a reasonable doubt; in civil and most regulatory matters, on a balance of probabilities.

Observation of a subject from a fixed position such as a building, park or parked vehicle. It suits recording arrivals and departures at a known address and can be sustained for long periods with less exposure.

Following a subject on foot or by vehicle while trying not to be detected, usually by a team using radios and rotating positions. Traffic, sudden turns and dead ends are common risks.

A contemporaneous record of surveillance activity: times, locations, observations, vehicle details, gaps and any interference. It supports the final report and gives the investigator notes to rely on if challenged in court.

Methods a subject may use to detect or shake off a tail, such as abrupt turns, checking mirrors, circling a block or driving past their own address. Recognizing them helps an investigator avoid compromise.

The rule that a statement is admissible only if made freely, without threats, promises of favour, oppression or trickery that could produce an untrue admission. It applies to persons in authority.

A detained person's entitlement not to answer questions, and the principle that exercising it cannot be treated as evidence of guilt. Interviewers may ask questions but must not undermine the choice.

A question phrased so that it suggests the desired answer, such as 'You were at the door, weren't you?' Interviewers avoid them with cooperative witnesses because they can contaminate memory and reduce reliability.

A sworn, recorded statement made in circumstances of reliability that may be admitted for its truth when the witness later recants or refuses to testify. Named after R. v. K. G. B.

Notes made at or shortly after an event, recording what was seen, heard and done. Because they are closest in time to the events, courts treat them as valuable and they must be preserved for disclosure.

Recording only what the senses actually perceived, without conclusions, opinions or labels such as 'suspicious' or 'nervous'. Objective wording lets a reader evaluate the facts and strengthens the investigator's credibility.

The written account of an investigation, usually chronological, covering who, what, when, where, how and what was done about it. It should be factual, complete and understandable to someone with no background in the case.

A court document compelling a person to attend and give evidence, and sometimes to bring specified documents or things. Failing to attend or produce can result in contempt of court.

Questioning of a witness by the party who called them, using open, non-leading questions to establish their account. After this, the other side may cross-examine.

Questioning of a witness by the opposing party, often with leading questions, to test accuracy, completeness and credibility and to bring out facts the witness did not mention earlier.

A hearing inside a trial, held without the jury, where the judge decides a legal question such as whether a statement was voluntary or evidence is admissible. Counsel examine witnesses again for that limited purpose.

Rules under Ontario's private security statute setting standards for licensees, including honesty, avoiding conflicts of interest, protecting client confidentiality, not exceeding authority, and cooperating with the Registrar.

An investigator's duty to keep client information and investigative findings private, disclosing them only to the client, with the client's authority, or where the law or a court requires.

A situation where an investigator's personal, financial or other interest could bias their work, or where duties to two clients or parties compete. It must be disclosed and avoided or managed.