Despite the portrayal of private investigators in film and television as those working beneath the law, licensed PI’s are in fact legal practitioners. Private investigators in Canada are licensed under their provincial security services and private investigation legislation and are bound by a strict code of ethics.
If you’re looking into securing private investigation services, it can be beneficial to understand what a licensed private investigator is permitted to do, within the realm of Canadian law. Below, we delve into what a quality private investigator can legally help you with, as well as some things that we are not legally permitted to do (despite what Hollywood may have you believe).
What can a Private Investigator help with legally?
Background Searches:
Using confidential informants, public databases, public records, registration databases, and some savvy deep diving through the internet, private investigators can uncover a wealth of information about the individual in question. Social media accounts can also reveal a great deal about an individual, including their values, habits and interesting questionable behaviour.
Surveillance:
Private investigators can conduct video and audio surveillance within any public setting at any time of day or night, and are legally permitted to gather photographic or video evidence of the person of interest, without their consent. Undercover and mobile surveillance is the most effective skill a private investigator can offer a case, because video says 1000 words.
Vehicle Tracking:
Using real-time GPS tracking devices, private investigators can discreetly track the movements or patterns of an individual. These devices are typically attached to a vehicle and can assist in gathering evidence of suspicious behaviour. Clients should understand the law and that the ownership of the vehicle, through marriage or business is a must.
Finding Missing People:
Using a combination of the techniques discussed above, private investigators are experienced and skilled in locating missing persons through a process known as skip-tracing. An experienced police background raises the success of this type of investigation because skill is paramount to finding individuals who don not want to be found. Skip-tracing is legally conducted through exhaustive research, interviewing possible witnesses, and use of surveillance techniques.
Can Private Investigators legally make an arrest?
Now that’s a loaded question. The short answer is “yes”. Under section 494 of the Criminal Code of Canada, anyone may make an arrest of an individual. Of course, there are strict conditions that must be met to make the arrest, as well as what must be done after the arrest is made. Like any other individual, private investigators can make an arrest, however most reputable Canadian investigators will choose NOT to engage is this kind of practice. Private investigators are not the same as law enforcement officers. They are however, able to gather the necessary evidence that can lead or assist law enforcement with an arrest. It is always best to contact local Police to intervene, rather than making a citizen’s arrest. Speaking of law enforcement, private investigators cannot under any circumstances impersonate police officers to obtain information or gain access to private property.
What can a Private Investigator not legally do?
Encroach on Private Property:
All surveillance, or the capturing of photographs/video footage as part of the investigation, must be performed on public property. Private investigators are not legally permitted to trespass upon private domain.
Hack Personal Accounts or Wiretap a Device:
While private investigators can, as part of the surveillance process, listen to a nearby conversation, they are not legally permitted to tap into a private phone call or monitor a phone line. Private Investigators will also not hack into an individual’s personal online accounts or files, such as their email, social media, or e-banking account. Any online information that we collect about the individual, is only what has been made public, and therefore has fair use.
Aside from ethical obligations, it is critical that the information gathered by your private investigator is collected within a legal manner, or else it will not be usable within a court of law. Ensure that you are putting your trust in a team of private investigators who are committed to finding you answers, the legal way.
As Toronto’s #1 Private Investigation Agency, the Expert Team at Star Quality Private Investigations® has decades of Expert results-driven experience. Trust, Integrity and Confidentially is the core of our business. Star Quality Private Investigations® is the industry leader in creating solid, long term relationships with our clients, providing evidence to individuals and businesses to succeed in their personal or professional matter. To learn more about the legalities of Private Investigation within Canada, or to inquire about our services, contact Star Quality Private Investigations® today.