Area of Law: Private Investigation
Answer # 1008
Common misconceptions about private investigators and their services
Region: Ontario Answer # 1008Private investigators (PIs) play a vital role in assisting individuals, businesses, and legal entities in gathering information and conducting investigations. However, several misconceptions about their services persist.
It is very important to hire a licensed private investigator with the right training and qualifications.
Misconception #1: Do police and private investigators serve the same role?
No. Police and private investigators serve distinct roles. Police deal with criminal matters, focusing on public safety and law enforcement. They are government employees who operate under specific laws and regulations to maintain order and investigate crimes.
Private Investigators, on the other hand, typically deal with civil matters. They work with various clients, including legal firms, corporations, and the public, to find information, conduct surveillance, gather evidence, and assist in legal proceedings or provide peace of mind. Private investigators operate within the legal framework set out by provincial regulations, and their activities are governed by the Ontario Private Security & Investigative Services Act (PSISA)..
Misconception #2: Are private investigators and security guards the same thing?
No. While both professions are regulated under the same legislation in Ontario, namely the Private Security and Investigative Services Act, 2005, their roles and responsibilities are different. (For other provinces, update)
Private investigators focus on gathering evidence, conducting surveillance, providing research services, and interviewing individuals for legal, corporate, or personal matters.
Security guards provide protection and maintain safety for various clients, including municipalities, airports, retail locations, construction sites, and residential areas. They perform tasks such as access control, patrolling, and responding to incidents.
Misconception #3: Private investigators can hack accounts
No. Private investigators cannot hack into individuals’ accounts, including phones, emails, and banking systems. Canadian laws, such as the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA), protect individuals’ privacy and prohibit unauthorized access to personal information.
Misconception #4: Information can be found right away
Not always. While some investigations can be resolved quickly, many cases require considerable time and effort. Complex cases, especially those involving subjects who are difficult to locate or are actively avoiding detection, can take significantly longer.
Clients should understand that investigations are thorough and methodical processes. Unrealistic expectations about the speed of obtaining information can lead to frustration. Patience and cooperation with the investigator are crucial for a successful outcome.
Misconception #5: There are guarantees with investigative services and refunds if there are no results
No. Licensed private investigators cannot guarantee results. Each investigation is unique, and the outcome depends on various factors, including the availability of information and the subject’s behavior.
Clients pay for the expertise and effort of trained professionals, not for guaranteed results. Refunds are generally not provided if the desired results are not achieved, as the cost reflects the investigator’s time, resources, and skills.
Misconception #6: During surveillance, can a private investigator enter someone’s home to install a listening or video device?
No. Private investigators cannot enter someone’s private residence, office, vehicle, or any other property without permission to install listening or video devices. Doing so would violate laws protecting individuals’ privacy and property rights.
Potential clients should be aware that such activities are illegal and that reputable private investigators adhere strictly to the law.
Misconception #7: Investigative services are cheap
No. Investigative services can be expensive due to the expertise required and the resources involved. Here are some typical costs:
Research Services: Flat rate fees starting at $1,000 or more.
Surveillance: $100 to $250 per hour, depending on the complexity and number of investigators involved.
Technical Surveillance Countermeasures (TSCM) Sweeps: Starting at $3,000 and increasing based on the scope of the sweep.
Clients often underestimate the financial investment required for comprehensive investigative services. It is essential to discuss costs upfront and understand the value provided by experienced investigators.
For help
Private investigators provide valuable services but must operate within the legal framework established in Canada. Understanding the distinctions between PIs and other roles, the limitations of their authority, and the realities of investigative work can help manage expectations and ensure a successful partnership.
If you need help in resolving a dispute with a private investigator, ask a lawyer now.
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