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Ontario Private Investigator study materials
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Ontario Private Investigator practice questions

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Question 1Private Security and Investigative Services Act, 2005 and its Regulations

Which licence is required to work as a private investigator in Ontario?

  1. A police detective certification from the Ontario Provincial Police.
  2. A private investigator licence issued under the Private Security and Investigative Services Act, 2005. Correct answer.
  3. A security guard licence issued under the same Act.
  4. A federal private investigator permit from Public Safety Canada.

Explanation

The Private Security and Investigative Services Act, 2005 requires anyone who acts as a private investigator to hold a valid private investigator licence. A security guard licence authorizes guarding duties only, and no federal permit or police certification substitutes for the provincial licence.

Question 2Private Security and Investigative Services Act, 2005 and its Regulations

What is the minimum age to be eligible for a private investigator licence in Ontario?

  1. 19 years
  2. 16 years
  3. 21 years
  4. 18 years Correct answer.

Explanation

Applicants for any licence under the PSISA must be at least 18 years of age. This minimum age applies to private investigator and security guard licences alike.

Question 3Private Security and Investigative Services Act, 2005 and its Regulations

How many hours of mandatory training must an applicant complete for a private investigator licence?

  1. 20 hours
  2. 50 hours Correct answer.
  3. 40 hours
  4. 30 hours

Explanation

The Ministry-approved training program for a private investigator licence is 50 hours. Security guard applicants complete a separate 40-hour program.

Question 4Private Security and Investigative Services Act, 2005 and its Regulations

How long is a private investigator licence valid before it must be renewed?

  1. Five years
  2. Two years Correct answer.
  3. One year
  4. Three years

Explanation

A private investigator licence issued under the PSISA is valid for two years. The licensee must apply for renewal before the expiry date to continue working.

Question 5Private Security and Investigative Services Act, 2005 and its Regulations

While performing duties, what must a licensed private investigator do with their licence?

  1. Carry it at all times and produce it on request. Correct answer.
  2. Keep it at the office for inspection.
  3. Display it only when making an arrest.
  4. Submit it to the local police station at the start of each shift.

Explanation

Licensees must carry their licence while performing duties and produce it when requested by a person with authority, such as a police officer or Ministry inspector. Keeping it at the office or filing it with police does not satisfy this requirement.

Question 6Private Security and Investigative Services Act, 2005 and its Regulations

A licensed private investigator is asked by a client to stand guard at a construction site overnight. What is the correct response?

  1. Accept, because the private investigator licence covers all security work.
  2. Decline unless the investigator also holds a security guard licence or a dual licence. Correct answer.
  3. Accept, provided the client pays an additional fee.
  4. Decline, because private investigators can never work at construction sites.

Explanation

A private investigator licence authorizes investigative work only. Guarding property is a security guard function, so the investigator needs a security guard licence or a dual licence before accepting the assignment.

Question 7Private Security and Investigative Services Act, 2005 and its Regulations

Which activity falls within the definition of a private investigator under the PSISA?

  1. Controlling access to a nightclub.
  2. Obtaining information about a person's character and whereabouts for a client. Correct answer.
  3. Guarding a retail store to prevent shoplifting.
  4. Patrolling a parking lot to prevent vandalism.

Explanation

The Act defines a private investigator as a person who, for hire, obtains or provides information about another person's identity, character, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or creditworthiness. Guarding, access control, and patrol are security guard functions.

Question 8Private Security and Investigative Services Act, 2005 and its Regulations

Which task is a security guard authorized to perform under the PSISA?

  1. Conducting undercover surveillance of a suspected adulterer.
  2. Accessing police criminal records databases.
  3. Searching a person's home for evidence of a crime.
  4. Guarding property and controlling access to premises. Correct answer.

Explanation

Security guard duties under the PSISA include guarding or protecting property, persons, or both, and controlling access to premises. Surveillance for a private client and searching homes are not security guard functions, and guards cannot access police databases.

Question 9Private Security and Investigative Services Act, 2005 and its Regulations

A company wants to provide private investigation services to the public. What licence must the company hold?

  1. No licence, because companies are exempt.
  2. A private security agency licence. Correct answer.
  3. A security guard agency licence only.
  4. A private investigator licence for each employee only.

Explanation

A business that provides private investigation services must hold a private security agency licence. Each employee who performs investigation work must also hold an individual private investigator licence.

Question 10Private Security and Investigative Services Act, 2005 and its Regulations

What authority does the Registrar have over a private investigator licence?

  1. The Registrar can suspend a licence only after a criminal conviction.
  2. The Registrar can suspend or revoke a licence for cause, such as misconduct or contravention of the Act. Correct answer.
  3. Only a court can suspend a licence.
  4. The Registrar can only issue licences and cannot take them away.

Explanation

The Registrar may refuse, suspend, or revoke a licence where the licensee contravenes the Act or regulations, fails to meet licensing requirements, or is no longer of good character. A court order is not required, and a criminal conviction is not the only ground for suspension.

Question 11Private Security and Investigative Services Act, 2005 and its Regulations

If the Registrar suspends a private investigator licence, where can the licensee appeal the decision?

  1. Licence Appeal Tribunal. Correct answer.
  2. Ontario Provincial Police.
  3. Minister of Community Safety and Correctional Services.
  4. Ontario Court of Justice.

Explanation

A licensee may appeal a decision of the Registrar to the Licence Appeal Tribunal, which is the designated adjudicative body under the PSISA. The Ontario Court of Justice, the OPP, and the Minister do not hear these statutory appeals.

Question 12Private Security and Investigative Services Act, 2005 and its Regulations

What is the maximum fine for an individual convicted of an offence under the PSISA?

  1. $25,000 Correct answer.
  2. $10,000
  3. $50,000
  4. $5,000

Explanation

An individual convicted of an offence under the PSISA is liable to a maximum fine of $25,000. Imprisonment for up to one year may also be imposed.

Question 13Private Security and Investigative Services Act, 2005 and its Regulations

Which statement about penalties under the PSISA is correct?

  1. The maximum fine for an individual is $100,000.
  2. Only individuals can be prosecuted under the Act.
  3. Imprisonment is not available as a penalty.
  4. A corporation can be fined up to $50,000 for an offence. Correct answer.

Explanation

The PSISA sets a maximum fine of $50,000 for a corporation convicted of an offence. Individuals face a maximum fine of $25,000 and possible imprisonment for up to one year.

Question 14Private Security and Investigative Services Act, 2005 and its Regulations

Which principle is part of the Code of Conduct for licensed private investigators?

  1. Maximize profits regardless of the client's interests.
  2. Conceal evidence that might harm the client's case.
  3. Act with honesty and integrity. Correct answer.
  4. Use any means necessary to obtain information.

Explanation

The Code of Conduct requires licensees to act with honesty and integrity in all professional dealings. Conduct aimed only at profit, using any means, or concealing evidence violates the Code.

Question 15Private Security and Investigative Services Act, 2005 and its Regulations

A security guard wants to wear a uniform that closely resembles a police uniform. What does the PSISA require?

  1. The uniform may include the word "police" if small.
  2. The uniform must be approved by the local police.
  3. The uniform may resemble police if the guard is off duty.
  4. The uniform must not resemble a police uniform. Correct answer.

Explanation

Licensees must not wear a uniform that is likely to be mistaken for a police uniform, and must not use police titles or insignia. Local police approval is not the governing rule.

Question 16Private Security and Investigative Services Act, 2005 and its Regulations

What does the PSISA prohibit regarding police impersonation?

  1. A private investigator must not impersonate a police officer. Correct answer.
  2. A private investigator may wear a police uniform while off duty.
  3. A private investigator may identify as a police officer when making an arrest.
  4. A private investigator may use a police badge if it is clearly marked "private".

Explanation

The PSISA and the Criminal Code prohibit impersonating a police officer. A private investigator must not use police badges, titles, or uniforms to suggest police authority.

Question 17Private Security and Investigative Services Act, 2005 and its Regulations

What certification, in addition to training, is required for a private investigator licence?

  1. A driver's licence.
  2. A university degree in criminology.
  3. A firearms licence.
  4. A valid emergency first aid and CPR certificate. Correct answer.

Explanation

Applicants for a private investigator licence must provide proof of current emergency first aid and CPR certification. A firearms licence, driver's licence, or university degree is not a licensing requirement under the PSISA.

Question 18Private Security and Investigative Services Act, 2005 and its Regulations

What does the "good character" requirement mean for a private investigator licence applicant?

  1. The applicant must have previous security experience.
  2. The applicant must not have a criminal record and must be of good moral character. Correct answer.
  3. The applicant must have a university degree.
  4. The applicant must be a Canadian citizen.

Explanation

The Registrar assesses good character, including a criminal record check, before issuing a private investigator licence. A university degree, Canadian citizenship, and prior security experience are not required by the Act.

Question 19Private Security and Investigative Services Act, 2005 and its Regulations

A private investigator obtains sensitive personal information about a subject. What does the Code of Conduct require regarding this information?

  1. The investigator must publish it to warn the public.
  2. The investigator may share it with friends.
  3. The investigator may sell it to the highest bidder.
  4. The investigator must keep client information confidential and use it only for the purpose of the investigation. Correct answer.

Explanation

Licensees have a duty to keep client information confidential and to use personal information only for the purpose of the investigation. Selling, publishing, or casually sharing such information violates the Code of Conduct and privacy expectations.

Question 20Private Security and Investigative Services Act, 2005 and its Regulations

A security guard physically restrains a shoplifting suspect. Under the PSISA and the Code of Conduct, what is the standard for use of force?

  1. Only reasonable force necessary to protect persons or property may be used. Correct answer.
  2. Force may be used only if a police officer is present.
  3. Any force is permitted once a suspect is detained.
  4. Force may be used to punish the suspect.

Explanation

A licensee may use only reasonable force that is necessary to protect persons or property, consistent with the Criminal Code. Force used to punish a suspect or force beyond what is necessary is prohibited.

Question 21Private Security and Investigative Services Act, 2005 and its Regulations

What does the PSISA say about holding oneself out as a private investigator without a licence?

  1. It is allowed if the person is supervised by a licensed investigator.
  2. It is an offence to hold oneself out as a private investigator without a licence. Correct answer.
  3. It is allowed if the person has completed training.
  4. It is allowed if the person works for a licensed agency.

Explanation

The PSISA makes it an offence to hold oneself out as a private investigator or security guard without the appropriate licence. Supervision, agency employment, and training alone do not authorize unlicensed practice.

Question 22Private Security and Investigative Services Act, 2005 and its Regulations

An agency employs a person who does not hold a private investigator licence to conduct investigations. What is the agency's legal position?

  1. The agency may employ unlicensed persons if they are part-time.
  2. The agency is not liable because the employee is responsible.
  3. The agency may employ unlicensed persons if the client consents.
  4. The agency commits an offence by employing an unlicensed person to perform licensed work. Correct answer.

Explanation

An employer must ensure that anyone performing private investigation work holds a valid licence. Employing an unlicensed person to do licensed work is an offence under the Act, regardless of part-time status or client consent.

Question 23Private Security and Investigative Services Act, 2005 and its Regulations

A licensed private investigator is impaired by alcohol while on an assignment. What does the PSISA require?

  1. The investigator may continue if accompanied by a sober colleague.
  2. The investigator may continue if the client does not notice.
  3. The investigator may continue if the assignment is not dangerous.
  4. The investigator must not perform duties while impaired. Correct answer.

Explanation

Licensees must not perform their duties while impaired by alcohol or drugs. The obligation is personal and applies regardless of whether the client notices, a colleague is present, or the assignment seems dangerous.

Question 24Private Security and Investigative Services Act, 2005 and its Regulations

A private investigator is asked to use a false name and fake identification to obtain personal information from a bank. What should the investigator do?

  1. Refuse, because using false identification is prohibited and unethical. Correct answer.
  2. Accept, because private investigators can use subterfuge.
  3. Accept, if the bank is not in Ontario.
  4. Accept, if the client provides written authorization.

Explanation

The Code of Conduct and the Act prohibit licensees from using false identification or engaging in deceptive practices to obtain information. Client authorization does not override this prohibition, and the location of the bank does not change the ethical and legal rule.

Question 25Private Security and Investigative Services Act, 2005 and its Regulations

Under Ontario’s Private Security and Investigative Services Act, 2005, what is the minimum age for an individual to be eligible for a private investigator licence?

  1. 16 years
  2. 18 years Correct answer.
  3. 21 years
  4. 17 years

Explanation

The Act and its regulations set the minimum age for an individual private investigator licence at 18 years. An applicant must also satisfy other requirements, such as good character and approved training, but being at least 18 is a threshold eligibility rule.

Question 26Private Security and Investigative Services Act, 2005 and its Regulations

Unless it is suspended or revoked, how long is a private investigator licence issued under the PSISA valid?

  1. Ten years
  2. One year
  3. Two years
  4. Five years Correct answer.

Explanation

Ontario private investigator licences are issued for a term of five years, subject to suspension or revocation by the Registrar. Licensees must renew before expiry to continue providing private investigation services lawfully.

Question 27Private Security and Investigative Services Act, 2005 and its Regulations

A licensed private investigator moves to a new home address. Under the PSISA regulations, within what period must the licensee notify the Registrar of the change?

  1. Within 10 days
  2. Within 30 days
  3. Within 5 days Correct answer.
  4. Within 15 days

Explanation

The regulation requires a licensee to give the Registrar written notice within five days after a change of name or address. Prompt notice keeps the licensing record current and allows the Registrar to contact the licensee when necessary.

Question 28Private Security and Investigative Services Act, 2005 and its Regulations

A private investigator is retained to investigate a workplace accident. Before starting, the investigator realizes the main witness is the investigator’s own sibling. What does the Code of Conduct require?

  1. Proceed, but disclose the relationship only in the final written report.
  2. Proceed if the client agrees orally to waive the conflict of interest.
  3. Decline or withdraw and disclose the conflict. Correct answer.
  4. Proceed covertly so that the witness does not learn of the relationship.

Explanation

The Code of Conduct requires licensees to avoid conflicts of interest and to act impartially. A close family relationship with a key witness compromises impartiality, so the investigator should disclose the conflict and decline or withdraw unless it is properly resolved.

Question 29Private Security and Investigative Services Act, 2005 and its Regulations

Under the PSISA, what is the rule about a licensed private investigator carrying a firearm while providing private investigation services?

  1. A firearm may be carried if the investigator holds a valid firearms licence.
  2. A firearm may be carried with written client authorization.
  3. Carrying a firearm is prohibited while providing those services. Correct answer.
  4. A firearm may be carried only during night shifts.

Explanation

The PSISA prohibits licensees from carrying firearms in the course of providing private investigation services. A firearms licence or client permission does not create an exception under the provincial licensing scheme.

Question 30Private Security and Investigative Services Act, 2005 and its Regulations

Which person may carry out investigation-type work without holding an individual private investigator licence under the PSISA?

  1. A person hired by a spouse to observe and report on the other spouse’s daily activities.
  2. A skip tracer who, for a fee, searches for and locates a debtor’s new home address.
  3. A licensed insurance adjuster acting within adjusting duties. Correct answer.
  4. A retail loss prevention investigator employed by a store to interview shoplifting suspects.

Explanation

The PSISA regulations exempt certain regulated professionals, including insurance adjusters licensed under the Insurance Act when acting within their adjusting duties. Skip tracers, loss prevention investigators conducting investigations, and persons hired to observe a spouse generally fall within private investigation services and require a licence.

Question 31Criminal Code of Canada

A private investigator who is not a peace officer sees a person commit an indictable offence and the person begins to flee. Under the Criminal Code, what authority does the investigator have?

  1. Detain the person for questioning but not arrest until a warrant is obtained.
  2. Follow the person and call police, because only peace officers may arrest for indictable offences.
  3. Arrest the person only if a peace officer first authorizes the arrest by radio.
  4. Arrest without a warrant because the person was found committing an indictable offence. Correct answer.

Explanation

Section 494(1)(a) of the Criminal Code permits any person, not only a peace officer, to arrest without a warrant someone found committing an indictable offence. The investigator must still deliver the arrested person to a peace officer forthwith under section 494(3). A warrant or prior police authorization is not required for this citizen's arrest power.

Question 32Criminal Code of Canada

After a private investigator makes a lawful citizen's arrest under section 494, what must the investigator do with the arrested person?

  1. Hold the person in custody until the investigator completes the investigation.
  2. Transport the person directly to a justice of the peace for a bail hearing.
  3. Deliver the person forthwith to a peace officer. Correct answer.
  4. Release the person immediately unless the person signs a statement.

Explanation

Section 494(3) requires a person other than a peace officer who makes a citizen's arrest to deliver the arrested person forthwith to a peace officer. The investigator cannot hold the person for an extended in-house investigation or require a statement as a condition of release. Transporting directly to a justice of the peace is not the statutory procedure.

Question 33Criminal Code of Canada

Which conduct by a suspect constitutes assault under section 265 of the Criminal Code?

  1. Insulting the investigator with offensive language from a distance.
  2. Refusing to answer an investigator's questions about a theft.
  3. Applying intentional force to another person without consent. Correct answer.
  4. Standing silently on a public sidewalk outside a store.

Explanation

Section 265(1)(a) defines assault as intentionally applying force to another person without that person's consent, directly or indirectly. The offence also covers attempts or threats by act or gesture and accosting someone while carrying a weapon. Offensive words alone, refusing to answer questions, or lawful presence on a sidewalk do not meet the definition.

Question 34Criminal Code of Canada

Under section 322 of the Criminal Code, theft requires which essential element?

  1. A fraudulent taking of property with intent to deprive the owner. Correct answer.
  2. The possession of property that the person knows was obtained by crime.
  3. The use of force or threats of force against a person.
  4. The permanent deprivation of a person's real property by deception.

Explanation

Section 322(1) defines theft as fraudulently and without colour of right taking or converting property with intent to deprive the owner. Force or threats elevate a taking to robbery, while possession of proceeds is a separate offence under section 354. Deception can be involved, but the core definition does not require real property.

Question 35Criminal Code of Canada

A private investigator is asked to assess whether a client's former partner is committing criminal harassment under section 264. Which pattern most directly fits the offence?

  1. Repeatedly following and communicating in a way that causes reasonable fear for safety. Correct answer.
  2. Posting a single critical review of the client's company online.
  3. Sending one angry email that insults the client's business reputation but causes no fear.
  4. Attending the client's public workplace once to ask for a document.

Explanation

Section 264(1) criminalizes repeatedly following, communicating with, watching, or threatening conduct that causes the victim to reasonably fear for their safety or the safety of someone known to them. A single angry email, one visit, or one online review will not normally establish the repeated pattern required. The conduct must be such that a reasonable person would fear.

Question 36Criminal Code of Canada

Under section 348(1)(a) of the Criminal Code, break and enter is committed when a person does what?

  1. Possesses tools that could be used to open a lock without a lawful excuse.
  2. Is found in a dwelling house without lawful excuse but without any intent to commit an offence.
  3. Enters a place open to the public during business hours and remains there after being asked to leave.
  4. Breaks and enters a place with intent to commit an indictable offence inside it. Correct answer.

Explanation

Section 348(1)(a) requires breaking and entering a place with intent to commit an indictable offence inside. Remaining after being asked to leave may be trespass, possession of tools may fall under section 351, and being unlawfully in a dwelling house is addressed by section 349. The breaking element distinguishes break and enter from simple unlawful entry.

Question 37Criminal Code of Canada

Section 354(1) of the Criminal Code makes it an offence to possess property obtained by crime when the person has what mental element?

  1. An intention to return the property to its owner eventually.
  2. A suspicion that the property might be stolen, without more.
  3. Actual knowledge that the property was obtained by crime, with no lesser belief sufficing.
  4. Knowledge or reasonable grounds to believe it was obtained by crime. Correct answer.

Explanation

Section 354(1) requires knowledge, belief, or reasonable grounds to believe that the property was obtained by crime. Suspicion alone is not enough, and the offence does not require an intention to return the property. Possession can be established through personal possession or control.

Question 38Criminal Code of Canada

Under section 430(1) of the Criminal Code, which act constitutes mischief?

  1. Damaging property or rendering it useless or inoperative. Correct answer.
  2. Possessing a lock-picking tool without a lawful excuse.
  3. Taking a product from a store shelf and concealing it in a bag without paying.
  4. Threatening to damage a neighbour's fence during an argument.

Explanation

Section 430(1) defines mischief as destroying or damaging property, rendering it dangerous, useless, ineffective or inoperative, or interfering with its lawful use. Theft, threats, and possession of break-in tools are separate offences. The damage need not be permanent for mischief to be made out.

Question 39Criminal Code of Canada

A private investigator lawfully arrests a shoplifting suspect who then swings a fist at the investigator. The investigator blocks the punch and uses a firm hold to control the suspect. Which standard governs the investigator's use of force under section 25?

  1. The investigator may use force only after the suspect has caused actual bodily harm.
  2. The investigator must use the minimum force possible in every case, with no allowance for judgment.
  3. The force must be reasonable in the circumstances and not excessive. Correct answer.
  4. Any force is permitted because the suspect has already committed an offence.

Explanation

Section 25 authorizes only reasonable force to enforce the law, and section 26 makes excessive force criminally liable. The amount of force is judged objectively in the circumstances, including the suspect's behaviour and the risk to the investigator. It is not a licence to use any force after an offence has occurred.

Question 40Criminal Code of Canada

During a confrontation, a suspect advances on a private investigator with raised fists. The investigator believes force will be used and strikes once to stop the advance. For section 34 self-defence to be available, what must be shown?

  1. The suspect actually struck the investigator before the investigator responded.
  2. The investigator was the first person to use force in the encounter.
  3. The investigator retreated as far as possible before using any force.
  4. The investigator acted defensively and the force was reasonable. Correct answer.

Explanation

Section 34 self-defence requires that the accused reasonably believed force was being used or threatened and acted for a defensive purpose. The force used must also be reasonable in the circumstances, and there is no general duty to retreat. The first punch or actual contact is not a prerequisite.

Question 41Criminal Code of Canada

A property owner asks a private investigator to help remove a person who is damaging a fence. The investigator sees the person stop, walk away, and then the owner wants to chase and tackle them. What does section 35 permit?

  1. No force in any circumstances once the person has left the property.
  2. Reasonable force to prevent damage, but not retaliation after the threat has ended. Correct answer.
  3. Force to punish the person for the damage already done, if the damage is serious.
  4. Any force necessary to recover the fence, because property rights override bodily integrity.

Explanation

Section 35 permits reasonable force to prevent or stop a person from taking, damaging, or destroying property. The defence does not authorize punishment or retaliation after the threat has ended, and property rights do not justify unlimited force against a person. The force must remain proportionate to the property interest being protected.

Question 42Criminal Code of Canada

A private investigator is hired by a store owner and sees a person shoplifting inside the store. The investigator is not a peace officer. Which statement best describes the investigator's arrest authority under section 494(2)?

  1. The investigator may arrest only if the person confesses to the theft.
  2. The investigator may arrest only if the store owner is physically present at the time.
  3. As the owner's agent, the investigator may arrest without warrant a person found committing a criminal offence on the property. Correct answer.
  4. The investigator may arrest only after the person leaves the store and enters a public street, because the arrest must occur in public.

Explanation

Section 494(2) allows an owner or an authorized agent in lawful possession of property to arrest without warrant a person found committing a criminal offence on or in relation to that property. The investigator must act as the owner's agent and deliver the person forthwith to a peace officer. The owner need not be physically present, and no confession is required.

Question 43Criminal Code of Canada

Which statement by a suspect would most clearly support a charge of uttering threats under section 264.1?

  1. I will see you in court over this report.
  2. You are a liar and everyone in town should know it.
  3. I think your investigation is unfair and I will complain about you.
  4. I will burn down your office if you report me to the police. Correct answer.

Explanation

Section 264.1 covers threats to cause death or bodily harm to any person, to damage or destroy property, or to kill or injure an animal. A threat to burn down an office is a threat to damage property and can support the charge. Complaints, insults, and lawful court action are not threats within the section.

Question 44Criminal Code of Canada

A person grabs a purse from a shopper's shoulder and pushes the shopper, causing her to fall. Which Criminal Code offence is most directly engaged?

  1. Mischief under section 430, because the shopper's clothing was damaged.
  2. Extortion under section 346, because the person demanded the purse.
  3. Robbery under section 343, because violence was used in the theft. Correct answer.
  4. Theft under section 322, because the property was taken from the person.

Explanation

Section 343 robbery is theft accompanied by violence or threats of violence against a person or property. Grabbing a purse while pushing the shopper involves both a taking and violence, so robbery is the more specific offence than simple theft. Mischief and extortion do not fit the facts as directly.

Question 45Criminal Code of Canada

A private investigator interviews a person who says: 'Pay me $5,000 or I will send photos of you to your employer.' Which offence is the statement most consistent with?

  1. Uttering threats under section 264.1 only.
  2. Criminal harassment under section 264.
  3. Extortion under section 346. Correct answer.
  4. Intimidation under section 423.

Explanation

Section 346 extortion occurs when a person, without reasonable excuse, uses threats, accusations, menaces, or violence to induce someone to do something, such as pay money. The demand for $5,000 in exchange for not sending the photos fits that pattern. Criminal harassment requires repeated conduct, and uttering threats under section 264.1 is limited to specified threats.

Question 46Criminal Code of Canada

Under section 423(1), intimidation requires proof that the accused did what?

  1. Followed the victim repeatedly with intent to cause fear.
  2. Wrongfully compelling the victim to do or abstain from a lawful act. Correct answer.
  3. Made a threat to damage the victim's property.
  4. Used threats or violence to obtain property from the victim, such as money or goods.

Explanation

Section 423(1) intimidation targets conduct intended to compel another person to do something they have a right to abstain from, or to abstain from something they have a right to do. It is not defined by obtaining property, which is the focus of extortion. The intimidation must be wrongful and without lawful authority.

Question 47Criminal Code of Canada

A private investigator records a telephone call in which the investigator is an active participant, without telling the other party. What is the Criminal Code position under section 184?

  1. The recording is lawful because one party to the communication consented to the interception. Correct answer.
  2. The recording is lawful only if the other party is suspected of an indictable offence.
  3. The recording is unlawful because both parties must consent to any interception.
  4. The recording is unlawful unless a justice of the peace issues a warrant in every case, even for a party to the call.

Explanation

Section 184(1) prohibits intercepting private communications, but section 184(2)(a) provides a one-party consent exception. A person who is a party to the conversation may record it without the other party's consent. A warrant or suspicion of an indictable offence is not required for that party's own recording.

Question 48Criminal Code of Canada

A private investigator sees a person loitering at night in the shadow of a commercial building, on property not their own, and the person gives no lawful excuse. Which offence under section 177 may apply?

  1. Trespassing at night under section 177. Correct answer.
  2. Possession of break-in instruments under section 351.
  3. Unlawfully in a dwelling house under section 349.
  4. Break and enter under section 348.

Explanation

Section 177 makes it an offence to loiter or prowl at night on the property of another without lawful excuse. The section is aimed at night-time trespassory conduct near buildings or property. Break and enter, unlawful presence in a dwelling house, and break-in instruments require different additional elements.

Question 49Criminal Code of Canada

During a lawful search, a private investigator finds a person carrying lock picks and a pry bar near a locked warehouse at 2 a.m. The person says they are for a locksmith job but gives no details. Which offence under section 351(1) may be considered?

  1. Mischief to property because the tools could damage a door.
  2. Possession of break-in instruments without lawful excuse and with intent. Correct answer.
  3. Trespassing at night because the person is loitering near a building after dark.
  4. Carrying a concealed weapon without authorization.

Explanation

Section 351(1) prohibits possessing instruments suitable for breaking in, without lawful excuse, with intent to commit an indictable offence. The time, location, and lack of a credible explanation can support the required intent. The offence is focused on the intended break-in, not on whether damage has yet occurred.

Question 50Criminal Code of Canada

A person wears a full-face mask while approaching a bank teller and demands cash. Which offence under section 351(2) is engaged?

  1. Personating a peace officer.
  2. Uttering threats only.
  3. Disguise with intent to commit an indictable offence. Correct answer.
  4. Possession of property obtained by crime, even if the person did not know its origin.

Explanation

Section 351(2) prohibits wearing a disguise with intent to commit an indictable offence. The mask plus the demand for cash supports the intent element, and the underlying robbery may also be charged. Personating a peace officer, possession of proceeds, and uttering threats do not describe the disguise offence.