There is often a general lack of understanding about what private investigators can and cannot do legally. Many individuals believe that private investigators can hack into anything and operate without legal boundaries. This belief can lead to frustration when clients learn that their expectations are not only incorrect but also illegal.

It is very important to hire a licensed private investigator with the right training and qualifications.

What private investigators can do

Conduct surveillance: Private investigators can conduct surveillance for various legitimate reasons, including:

• Insurance cases: To verify the validity of claims.
• Fraud cases: To gather evidence of fraudulent activities.
• Workers’ Compensation cases: To ensure claims are genuine.
• Protective surveillance: To provide safety for individuals.
• Infidelity cases: To confirm or refute suspicions of a partner’s unfaithfulness.

It is important to note that during certain investigations such as infidelity cases, individuals might ask an investigator to hack into a someone else’s phone or email to gather information. Such actions are illegal and beyond the scope of what a private investigator can do. As well, private investigators do not always keep clients updated in real-time. This practice ensures the investigation is not compromised and prevents potentially dangerous situations.

Background checks: Background checks are another essential service offered by private investigators. These checks are often used by businesses to vet potential employees or by individuals in personal relationships to ensure transparency and safety.

Typical background checks may include:

• Arrest records
• Criminal history
• Open and closed litigation matters
• Bankruptcy records
• Social Media searches
• Superior and Provincial Court matters

Clients sometimes request information beyond what is legally accessible, such as bank account details, balances, or debt information. Private investigators cannot access this information legally, and it is crucial for clients to understand these limitations.

Skip Tracing: Skip tracing is the process of locating individuals, often used by legal professionals and businesses. It is also commonly requested by the general public for personal reasons, such as finding long-lost family members or birth parents.

Private investigators must ensure that clients have legitimate reasons for locating someone and that there are no legal restrictions (e.g., restraining orders, peace bonds) preventing contact. If it is discovered that the client has malicious intent or has not been truthful, the investigation will be halted, and no refund will be provided. Protecting the safety and privacy of the investigation subject is paramount.

Privacy and ethical standards

Private investigators in Canada operate under strict legal and ethical standards. Some of the key regulations and Acts governing their activities include:

• Federal Privacy Act: Protects individuals’ personal information and privacy.
• Federal Personal Information Protection and Electronic Documents Act (PIPEDA): Regulates how private sector organizations collect, use, and disclose personal information.
• Provincial Private Security and Investigative Services Acts: Govern the licensing and conduct of private investigators.

What private investigators cannot do

Hacking and unauthorized access: Private investigators cannot hack into electronic devices or access private accounts such as:

• Phones
• Emails
• Bank accounts

These activities are illegal and punishable under Canadian law. Private investigators must adhere to the legal framework and respect individuals’ privacy.

Trespassing and illegal surveillance: Private investigators cannot enter private properties without permission: This includes homes, offices, and vehicles.

Install listening or video devices without consent: Unauthorized surveillance is illegal and violates privacy laws.

Professional conduct and client safety

• Maintaining professionalism: Private investigators must maintain professionalism and prioritize safety. For instance, in cases of infidelity investigations, disclosing real-time information to clients can lead to dangerous confrontations. Investigators must ensure that their actions do not compromise the safety of anyone involved.
• Ethical responsibilities: Private investigators have an ethical responsibility to conduct their work within the legal framework. This includes refusing services that violate legal or ethical standards and ensuring that their actions do not harm the subjects of their investigations.

Understanding the legal boundaries of private investigators is crucial for both clients and investigators. Licensed private investigators in Canada operate under strict regulations to ensure their activities are legal, ethical, and respectful of individuals’ privacy. By adhering to these boundaries, private investigators can provide valuable services while maintaining the trust and safety of their clients and the public.

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