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PAGE 10 FOCUS January 26, 2009 • Law Times vestigators took effect, the industry is still waiting for the government to finalize the training component. "It's a difficult position to be in Industry awaits finalization of training component M BY GLENN KAUTH Law Times ore than a year after new rules and licensing standards for private in- LT A Qtr A-01 OPBgCs 1/14/09 11:48 AM Page 1 as an employer because you know this stuff is coming down the pipe," says Bill Joynt of the Investigators Group Inc. in Toronto. The lingering questions aren't the only concern investigators have with the new provincial legislation, the Private Security and Investiga- tive Services Act. Kevin Lo, who practises computer forensics with Need a hand? • 19" x 16" x 11" • Approx. 5 Lbs. • 1680D Ballistic Nylon • Padded computer pocket • Telescopic handle • In line skate wheels • Front zippered organizer LECG in Toronto and who sits on the board of the High Technology Crime Investigation Association's Ontario chapter, says the indus- try is also still trying to figure out exactly who the licensing require- ments apply to. Previously, private investigators got licences from the Ministry of Community Safety and Correctional Services through Help is here with the BIG Case ideal for lawyers, accountants, businessmen/women, etc... their employers. Now, they get li- cences on their own, while the act at least appears to expand the range of people who require them. As a result, specialists in areas like com- puter forensics, forensic account- ing, and forensic pathology are all wondering if they need to get one. "This was a big concern since a couple of years ago we tried to address it, but unfortunately we have not received anything con- crete from Queen's Park," says Lo. "All we know is the legislation is the law now. The way it's drafted is pretty broad." For Lo, the answer should be C To order the Big Case please quote code #90036-00 your LAW OFFICE PRODUCTIVITY source 1-888-393-3874 Fax: 1-800-263-2772 dyedurham.ca E & D SIN PREFERRED SUPPLIER UR A H CE 1 9 9 obvious. "My question is: Why should I be licensed as a private in- vestigator? I'm not following peo- ple around with a camera," he says, noting the impetus for the new law came from calls to boost regulation of the security guard industry fol- lowing a man's death during a fight at a grocery store in 1999. At the same time, he argues the trend to- wards imposing new rules is wor- risome given developments in the United States where some jurisdic- tions have said that investigators can't testify in court unless they have a licence. "What we're wor- ried about is how this wind is going to blow over. Will it come over the border? We just don't know yet." So far, the ministry isn't nam- ing who specifically has to get a licence. Tony Brown, a spokesman for the ministry, says according to the law, anyone who fits the defini- tion of a private investigator has to get licensed unless their profession falls under some other provincial or federal legislation. "If they are gov- erned under some other act of the province or of Canada, then they're not required to be licensed. But if they're not, they are." A forensic ac- countant is someone who may be governed by another charter. Despite the concerns, Deb- bie Macdonald, president of the Debbie Macdonald says the new regime will 'take us to a new level.' Council of Private Investigators – Ontario, says the new regime will be good for the industry. Par- ticularly helpful will be the train- ing requirements once they're implemented. "I think it's going to take us to a new level," she says. "I think it's going to become a more regulated industry. [It's] not that it hasn't been regulated before, but this will take us up a notch profes- sionally because you're not going to have people who are untrained." Still, there are lingering issues over the portability of the licences under which private investigators no longer get authorized to work through their employer, meaning they theoretically could work for multiple agencies. While the new process may be helpful since inves- tigators will no longer have to wait up to a couple of weeks for a new licence every time they change em- ployers, it has other drawbacks. "It's not as good if [investiga- tors] are not telling the registrar's office where they're working be- cause then you have a problem with private investigators running around with a licence, but they're not working for any company. 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"We've had people wait two to three weeks [to get a licence], and it's supposed to be five business days." At the same time, he feels the process has become more com- plicated. "Now, instead of having to police a bunch of companies, you've got 50,000 individuals. It's an incredibly bad way to manage it." One worry was that portability would make it easier for investiga- tors to work for multiple employ- ers. The government responded that agencies could manage that issue through restrictions in em- ployment contracts, but Joynt says the realities of the labour market render that option moot since such conditions would make it harder for them to keep their staff. One of the touted advantages of the system, meanwhile, was that it would impose a code of conduct on investigators along with a mechanism for people to file complaints with the registrar. LT 1/21/09 3:08:29 PM D 8 M Y W e ' r e a y C a n a p d i m a n o a n