News

Investigations

1 May 2017

As investigators, we are often asked by our clients to use search warrants to obtain information that will further an investigation.  Of course, wanting to please our clients, we would be happy to do so whenever possible, and indicated. However, most often we are in a position where we must explain why we cannot obtain a search warrant, or why using a search warrant would not be appropriate in the circumstances. I have written about search warrants in the past and explained the process f...

10 March 2017

In a recent matter, Bairaj Shoan and Attorney General of Canada (2016 FC 1003), a federal court judge rejected a workplace harassment investigation due to an improper investigation into alleged workplace harassment. In the decision, The Honourable Mr. Justice Zinn found that due to a lack of procedural fairness and natural justice within the investigation process, it could not be considered as evidence against the alleged harasser.

The investigation in this case was examining allegatio...

14 April 2016

Benard + Associates is pleased to offer a new service to complement the investigation and mediation services we currently offer our regulatory clients. As part of the spectrum of complaint resolution, Benard + Associates is now offering professional decision writing serv...

4 December 2015

Anyone who has attended a course or workshop on investigations will have likely heard the instructor emphasize the importance of being unbiased in your investigation. However, despite this sound advice bias still finds a way to creep into some investigations. The result can be catastrophic for everyone.

In many cases, allegations of bias have been made against investigators or the organizations responsible for the investigation, such as the employer, regulatory body...

Dean Benard
4 August 2015

What do you do when a workplace investigation does not support the allegations of harassment? We believe understanding the reasons why and the underlying dynamic will go a long way in guiding employers towards  making the right decisions following such investigations.

In cases where harassment allegations are made and the ensuing investigation does not lead to a finding that substantiates the allega...

Dean Benard, Journal of Nursing Regulation Volume 6/Issue 2 July 2015
31 July 2015

Incidents involving unlicensed practitioners are increasing across the United States and Canada, and in many jurisdictions, combating illegal practitioners falls to the regulatory body.This article describes the scope of the problem and explains methods for preventing unlicensed practice and identifying unlicensed practitioners by using investigative techniques.The article also addresses the value of collaborating with...

Dean Benard
16 June 2015

Investigators must always be vigilant on the issue of confidentiality. It is often necessary to share information that some might suggest is confidential, but to complete an interview or gather relevant documentation investigators may need to share some information. Providing inappropriate information abou...

Dean Benard
2 June 2015

Investigators can be accused of not being fair, of not looking at all the facts, and of drawing conclusions instead of investigating facts. Sometimes, the investigator’s motivation or alleged motivation may be called into question based on certain assumptions and beliefs related to his or her cultural background or gender or that of the individuals who are party to the ...

Dean Benard
26 May 2015

Over the years I have had many interesting discussions on the advantages and potential disadvantages of recording investigative interviews. I have tried to look at all sides of the issue and have written about topic in the past. I thought it was about time I revisit this topic and make a case for recording.

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