Law Times

PAGE 8 An online resource 1.800.263.3269 Focus On FORENSICS/PRIVATE INVESTIGATORS Flaws in PI test force changes Government misses July deadline for new and renewing investigators BY JUDY VAN RHIJN For Law Times S ince April 15, all private investigators have been subject to a new basic training and testing require- ment. But a July 16 deadline for all new and renewing inves- tigators to pass the test has put the new regime under pressure to deliver a fast and eff ective service, which the government hasn't been able to meet. With a high failure rate and lack of facilities for retesting before the deadline, the Ministry of Community Safety and Cor- rectional Services has been forced to grant an extension while it grapples with the sys- tem's shortcomings. Th e new director and regis- trar of the private security and investigative services branch of the ministry, Lisa Kool, is the unlucky offi cial who has inherited a training regime and test that's being loudly de- nounced as defi cient. Lawyer Norm Groot of Investigation Counsel Professional Corp., which focuses on defending private investigators, is quick to stress that the problems don't refl ect on Kool. "All the building up of a training program and test were done by the prior regime," he says. "Th ey retained an internation- al-based consulting company [CASTLE Worldwide Inc.] to conduct a study on what the curriculum should be. Th ere was some industry consulta- tion, but it has clearly proved to be insuffi cient." Th e consultants prepared a draft test of 150 multiple- choice questions that they tried out on a trial group. Only 64 per cent of them passed. With the feedback from that experi- ment, they whittled the test down to 80 questions, which critics still describe as too broad and policy-based. Th ere are many educational providers doing their best to provide training to the industry, including community colleges, private vocational institutions, universities, and agencies and businesses that are allowed to train their own people. Unfor- tunately, they don't know what to teach. Debbra MacDonald, presi- dent of the Council of Private Investigators, says her No. 1 concern is the schooling part of the process. "Th ere is no ap- proved schooling or criteria for the course," she says. "Th ere is a 'crosswalk' on the registrar's site giving some ideas of what the training's supposed to be, but there is not enough infor- mation." At the same time, those who design the curriculum don't get to see the exam before they de- velop it. "Th at's another prob- lem," says Groot. "So people get hit with this exam, and it's shocking." MacDonald's second con- cern is the breadth of the test- ing. "A lot of private investiga- tors are specialized in diff erent areas of work," she says. "Th ey may be high-calibre surveil- lance experts or background checkers or process servers. Th ey will not learn all facets of the industry." Groot also reports hear- ing complaints that the issues 'Much of the exam is based on policy and procedure questions, which vary from one company to another,' says Norm Groot. subject to the test aren't relevant or are too vague. "For example, it says, 'Know the Criminal Code.' Well, the Criminal Code is a big book. It doesn't say, 'Know the section relevant to private investigators.' Much of the exam is based on poli- cy and procedure questions, which vary from one company to another. So there is no right answer." In addition, the regime doesn't allow grandfathering, and a signifi cant percentage of the industry is fi nding the test diffi cult to pass. At a re- cent conference, some agencies reported that 50 per cent of their people were failing. Th ose who take the exam don't get to see their papers afterwards. "Th ey have no idea where their strengths or weaknesses lie," says MacDonald. Th e ministry has had to make amendments to the Wiretapping and Other Electronic Surveillance: Law and Procedure This resource is the most practical and indispensable guide to electronic surveillance and the law of search and seizure in Canada since the . It provides a detailed overview and analysis of the issues and includes commentary on relevant cases and legislation pertaining to electronic surveillance. ORDER your copy today Looseleaf & binders (2) • $229 Releases invoiced separately (2/yr) P/C 0468030000 Vol. 1 ISBN 0-088804-307-4 Vol. 2 ISBN 978-0-88804-475-4 For a 30-day, no-risk evaluation call: 1.800.565.6967 LT0726 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com Hubbard_WaoES (LT 1-4x5).indd 1 7/21/10 12:27:57 PM regulations to grant certain extensions, although its offi - cial line is that the changes are due to an increased volume of licence applications in advance of the G8 and G20 summits last month. As of July 14, the newly amended regulations state that if a licence expired before July 16, it can be renewed once without having to pass the test. If it expires between July 14 and July 29, the investigator won't have to pass it for anoth- er year. As well, if the branch has been unable to process the application before its expiry date, there will be a 30-day ex- tension. Meanwhile, Kool will continue to gather feedback from stakeholders. She's not surprised that not all com- ments have been constructive. "When you roll out a change, one would expect positive and negative feedback, but it's all good," she says. "Feedback from the industry is part of the process. We have to make sure that we're engaged with the stakeholders and that there is a forum for feedback. What we act on and when we act on it is yet to be determined. Th e fi rst step starts with consultation and engagement." Groot's suggestion for the curriculum, when he met pri- vately with Kool, was that it cover the areas in which the courts have dealt with private investigators, such as the rele- vant legislation, the Charter of Rights and Freedoms, criminal liability, tort law, pretexts and medical information, the laws of evidence, and other litiga- tion issues. He has also request- ed that the ministry put out a handbook similar to the one is- sued for driver's licence tests, a suggestion MacDonald agrees with. "If you go for a hunting licence, a gun licence, a boat- ing licence, a fi shing licence or a driver's licence, they all come with a book." Her organization is starting a subcommittee to liaise with the registrar's offi ce and imple- ment its own training program. "We can't aff ord not to have li- censed investigators out there," says MacDonald. "It's a loss of income for the investigator and a dilemma for clients who can't fi nd out the truth." Despite her concerns, then, she supports the idea behind the scheme. "Th e quality of the industry will defi nitely get higher as we continue along as long as there is proper train- ing," she says. LT Inside you will find information on: the constitutional framework of electronic surveillance and • the • • • • • • • • • • the impact of the wiretap authorizations and affidavits Crown and defence trial strategies applications conducting privacy and the Internet foreign language interceptions affiants, informants, sub-affiants and confidential informers the investigative necessity requirements of s.186(l)(b) translating documents the impact of the on wiretapping July 26, 2010 • law Times Anti- Charter Terrorism Act Garofoli Emergency Preparedness Act Robert W and Scott K. Fenton . H ubbard, Peter M. Brauti Department of Public S afety and Charter

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