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Consumer - Private Security and Investigative Services Act, 2005. R. v. Dubros
In R. v. Dubros (Ont CA, 2023) the Court of Appeal considered the interaction of the regulatory Private Security and Investigative Services Act, 2005 with criminal convictions:[2] Concerning the conviction appeal, the appellant submits that the trial judge erred in responding to jury questions about intent and reasonable doubt and further erred by failing to instruct the jury on the relevance and permissible uses of a regulation addressing private investigators’ conduct – O. Reg. 363/07 enacted under the Private Security and Investigative Services Act, 2005, S.O. 2005, c. 34 (the “Code of Conduct” or “Code”).
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The Code of Conduct
[14] At the close of the Crown’s case, the Crown requested that the Code of Conduct be admitted into evidence. The Code of Conduct is a professional code for licensed private investigators outlining the principles to be followed and obligations to be complied with. Over a defence objection[2], the trial judge ruled the Code admissible as a matter of judicial notice under s. 17 of the Canada Evidence Act, R.S.C., 1985, c. C-5.[3]
[15] Among other things, the Code of Conduct includes the following three provisions to which the trial judge referred in his instructions to the jury at trial:2(1) Every individual licensee, while working as a private investigator or security guard, shall,
a) act with honesty and integrity;
b) comply with all federal, provincial and municipal laws;
h) respect the privacy of others by treating all information received while working as a private investigator or security guard as confidential, except where disclosure is required as part of such work or by law. ....
[74] While discussing the circumstances of the appellant, the trial judge rejected a defence submission that the appellant would automatically lose his private investigator’s licence as a result of his conviction. In regulations under the Private Security and Investigative Services Act, 2005,[7] wilfully attempting to obstruct justice is not in a list of prescribed offences which prevent someone from holding a private investigator’s licence. However, the trial judge recognized that the Registrar of Private Investigators and Security Guards nonetheless has discretion to revoke, suspend or refuse to renew the appellant’s private investigator’s licence for several reasons arising from his conviction.
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