Ontario Private Investigator Exam 2024. All Questions & Correct Answers. Graded A+, Exams of Law

Download Ontario Private Investigator Exam 2024. All Questions & Correct Answers. Graded A+ and more Exams Law in PDF only on Docsity! Ontario Private Investigator Exam 2024. All Questions & Correct Answers. Graded A+ A person who arrests someone under the authority of the Trespass to Property Act must contact - ANSthe police as soon as possible and deliver the individual to a police officer A private investigator should be confident after reviewing the background material provided on the organization that - ANSthey will fit in with the environment According to established Canadian practice, the monitoring of employees' email without notification to the employee is - ANSacceptable if it is monitored on the company's server or network, as these are the company's properties According to PIPEDA, credit check can be conducted only with - ANSthe consent of the subject According to privacy laws, PI's should exercise their judgement to determine when privacy becomes an issue, such as - ANSwhen the subject is at a gravesite, participating at a religious gathering or when minors may be present According to privacy laws, privacy becomes an issue when - ANSThe subject enters the bathroom According to regulation SOR/2001-6 - ANSlicened business entites may recieve or disclose personal information without knowledge or consent of the individual to whom it belongs to According to subsection 2(1) of the Act, a person may be found guilty of a trespass offence if - ANS- They enter a location where entry is prohibited. - They engage in an activity that is forbidden on the premises. - They refuse to leave when asked to do so by the occupier or an authorized person. According to the CRA what should not be used on a resume - ANSFake name according to the Ibrahim Rule, when assessing a witness statement, to be admissible, it must be - ANStaken under oath and clear of duress According to the privacy laws, a person in there home - ANShas a reasonable expectation of privacy and an investigator should not go onto their property in order to peek into their windows to observe them According to the privacy laws, anyone who is in a public place does not have - ANSa reasonable expectation of privacy and their actions may be photographed or documented on video According to the privacy laws, how do you observe someone in their home - ANSObserve from the street or other public property Admissions - ANSVoluntary admissions made by an accused and reported by another witness fall outside the hearsay rule and may be admissible After an interview what should you tell the witness - ANSto review the statement and ask for changes to be made before they agree to sign it. after finding the reason for an investigation of locating a suspect, what should you do - ANSinvestigate into the claims and the background of the client After the witness reviewed the interview statement, and they requested a change, what should the PI do - ANSa line should be drawn through the item being removed, with the initials of both the witness and the private investigator at the beginning of the correction and the end. After the witness reviews the interview statement what should be done - ANSeach page should be initialed or signed, to confirm that no further information was added. On the final page of a statement, after the signatures, common practice would be to draw an "x" through the remainder of the page to indicate that there is no further information on this page. An occupier may also designate individuals who are authorized to act on the occupier's behalf when it comes to allowing individuals on their premise (True or False) - ANSTrue Another example of a document which a private investigator is often retained to serve is a Summons to Witness along with Conduct Money. This document could be issued by either party to compel an individual to appear in court to testify. If a witness is found to be absent, reluctant or evading, the private investigator may be required to make - ANSfurther attempts of service to the witness at various times throughout the day, as a summons has to be served on the witness personally. Any person can make a citizen's arrest without warrant if they witness an - ANSindictable offence being committed Before beginning an investigation of locating a suspect, what should you do? - ANSidentify the clients reasoning behind the investigation and if it considered frivolous Is FIPPA Federal, Provincial or Municipal? - ANSProvincial Is PIPEDA a federal, provincial or municipal - ANSFederal Is PSISA federal, provincial or municipal - ANSprovincial It is important to remember never to record a conversation without - ANSthe knowledge and consent of one of the parties involved in the communication MFIPPA stands for - ANSMunicipal Freedom of Information and Protection of Privacy Act ny errors discovered before swearing to the accuracy must be corrected. When an error has been discovered before swearing an Affidavit, the investigator is required to - ANSinform the commissioner or person taking the oath, make the necessary correction, initial the changes and then swear the Affidavit is accurate. OHRC stands for - ANSOntario Human Rights Code Opinion Evidence - ANSwhat a witness thinks, believes or infers regarding the facts in dispute Persons in violation of section 2 of the Trespass to Property Act may be arrested with or without a warrant - ANSwithout PI's are prohibited from carrying any symbol of authority other than ________________ - ANSThere license PI's must carry their license when working, and shall identify themselves when requested by a member of the public. (True or False) - ANSTrue PIPEDA is a consent based statute (True or False) - ANSTrue Private investigators most commonly work alone on most surveillance cases, however in some cases two or more investigators may be assigned to work together.Reasons for this may include - ANSthe subject's aggressive driving nature, multiple points of exit from a given location, or the subject's ability to run counter surveillance Real Evidence - ANScan include material objects, such as a weapon or item of clothing Regulation SOR/2001-7 was enacted pursuant to - ANSPIPEDA section 25 of the criminal code allows a private investigator to use as much force as is necessary as long as they act on - ANSreasonable grounds section 26 of the criminal code states that individuals who use force are - ANScriminally responsible for any excess of force section 27 of the Criminal Code authorizes individuals to use - ANSas much force as necessary to prevent the commission of an offence for which the perpetrator could be arrested without a warrant, and which could cause serious injury to a person or damage to property. Section 279 of the criminal code - ANSKidnapping Section 322 of the criminal code - ANSTheft Section 361 of the criminal code - ANSFalse Pretence Section 380 of the criminal code - ANSFraud Service is affected once the person serving the document - ANShands it to the person named, whether or not they actually accept the document. Team surveillance allows for a variety of surveillance techniques to be employed including - ANSthe caravan method, leapfrogging, and parallel coverage. the burden of proof in a civil matter is less than in a - ANScriminal matter The Code of Conduct states "private investigators must avoid using __________ " - ANSExcessive force the practice may also be for employees to sign a release acknowledging that their computer activities may be monitored, whether - ANSthe programs to do so are installed on the server or on individual computers that are connected to a company network. The Private Security and Investigative Services Act, 2005 regulate - ANSinvestigative services and private security industry The reliability of real evidence has to be assessed (True or False) - ANSTrue The undercover operator may accept the client's stolen property but should as a general rule not take part in any theft (True or False) - ANSTrue the undercover operator should not - ANSencourage, demand or assist in any contravention of any law, policy, or company rule, or enlist others to do so There are also times when a person may be uncooperative and try to avoid service. If this is the case, other methods for identifying the person may be utilized, such as - ANSasking coworkers, neighbours or other reliable sources that can be consulted to confirm the person's identity. There are restrictions in section 184 of the Criminal Code about recording private conversations, so it's best to - ANSRecord without audio Trace Evidence - ANSfingerprints or footprints, hair or fibre from a piece of clothing Under PSISA loss prevention specialists are considered to be - ANSsecurity guards and do not require a PI license Undercover operators should avoid being seen with targets in public places by people who know the true identity of the operator (True or False) - ANSTrue Unsworn Evidence - ANSwitness does not appear to understand the nature of an oath or a solemn affirmation, due to their age or apparent mental incapacity, the Crown should be consulted What are the six core steps for containing evidence? - ANScollect, secure, preserve, identify, ensure continuity, and log What can you use your notes for when on the witness stand in court - ANSMemory Aid only What documents can you not obtain without lawful authority or signed release documents - ANScredit records, income tax or bank records What does FIPPA govern? - ANSaccess to records that are in custody or under the control of the provincial government (colleges, universities and hospitals) What does MFIPPA govern? - ANSrecords that are in the custody or under the control of municipalities and some related institutions What does PIPEDA govern? - ANSthe collection, use and disclosure of personal information by organizations engaged in commercial activities What does PIPEDA stand for? - ANSPersonal Information Protection and Electronic Documents Act What does Section 34 and 40 of the PSISA outline - ANSRules and standards for PI's day to day activitys What does section 494 of the Criminal Code describe - ANSwhen it is appropriate for a member of the public to make an arrest