Shand & Psisa Review (Offences class) PDF

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Summary

Provincial offenses and Protection, security, and investigation notes. Prof: Lisa Brown ...

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The Shand Inquiry and PSISA Review Both the private security and private investigation industries in Ontario fall under the jurisdiction of the Ministry of Community Safety and Correctional Services. Both industries are regulated by the Private Security and Investigative Services Act, 2005 (PSISA) which came into effect on 23 August 2007. 

The PSISA and its regulations outline the way the private security and private investigation industries operate in Ontario.

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Mandatory training and testing regulation was implemented on 15 April 2010.

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Training and testing must be successfully completed in order to apply for either a private security licence or private investigator’s licence.

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The primary purpose of the PSISA is to:    

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professionalize the private security and investigation industries in Ontario increase public safety ensure private security and investigators receive proper training ensure private investigators are qualified to provide private investigative services

The PSISA was implemented as a direct result of Patrick Shand’s death (as discussed in the Coroners Act module), the coroner’s inquest that followed his death and the 22 recommendations made by the coroner’s jury.

The Shand Inquiry Review The Private Investigators and Security Guards Act, 1965 was the original provincial legislation that regulated the private security and private investigation industries in Ontario. No significant changes to the legislation governing these occupations occurred until 2007. The death of Patrick Shand forced the government, private security and the private investigation industries to review and revise the out-dated provincial legislation. 

Patrick Shand, a 31 year old Scarborough man, died in September 1999 after he was handcuffed and pinned to the ground outside a Loblaws store by two staff members and a private security guard; he was suspected of shoplifting.

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It was later ruled he died from accidental suffocation during the arrest procedure.

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Shand’s family publicly questioned the training procedures of private security throughout Ontario, and as a result, a public inquest was held.

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The inquest’s jury made 22 recommendations to improve training and the regulation of private security and private investigations in Ontario.

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As a result of Patrick Shand’s death, the inquest that followed, and subsequent recommendations made, the provincial government responded by introducing new legislation; the Private Security and Investigative Services Act, 2005.

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Private Security and Investigative Services Act Review The Private Security and Investigative Services Act standardizes and regulates the private security and private investigation industries in Ontario. The act regulates:        

What a security guard is and what they can do What a private investigator is and what they can do Categories of security guards Licensing standards, requirements and eligibility Mandatory training requirements General duties and standards of practice Industry inspection, complaints and investigation Offences under the Act

The PSISA defines a private investigator as: A private investigator is a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information. Information on such things as the:

character or actions of a person business or occupation of a person whereabouts of persons or property

(Note: retail loss prevention investigators/officers are considered security guards and are not required to have a private investigator licence). The PSISA does not apply to persons who are: • • • • • •

Barristers or Solicitors (lawyers) engaged in their profession Persons doing financial credit, insurance or employment screening Persons acting as peace officers (police officers) Licenced insurance adjusters Security consultants not engaged in soliciting services of security guards Locksmiths

The PSISA regulates licence types that can be issued: • • • • • •

A licence to act as a security guard A licence to act as a private Investigator A licence to engage in the business of selling the services of security guards A licence to engage in the business of selling the services of private investigators A licence to act as both a security guard and a private investigator A licence to engage in the business of selling the services of both a security guard and a private investigator

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The PSISA establishes mandatory conditions in relation to licensing; no person is eligible to hold either a private security or private investigator’s license under the Act unless the: •

Person has a clean criminal record, and

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Person is 18 years or older, and

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Person is entitled to work in Canada, and

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Person has successfully completed all prescribed training and testing

The PSISA and its regulations also standardize general policies and procedures in relation to, but not limited to: • • • • •

Code of conduct Uniforms Vehicles and equipment Training and testing requirements Documents and records, registration and insurances

The PSISA establishes a means for complaints and investigation of complaints against security guards and private investigators; as well as inspections of security and private investigations companies. •

It establishes and sets down general duties and standards of practice for security companies and their personnel.

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The Act lists offences in regard to the Act.

Sec 43 (1) (a) (b) (c) (d)

A person is guilty of an offence, if he she or it

knowingly furnishes false information in any application under this Act or in any statement or return required under this Act or its regulations; fails to comply with any order or other requirement made under this Act or the regulations; fails to comply with a condition of license; or contravenes or fails to comply with any provision of this Act or the regulations

Professionalism and Ethics Professionalism is the act of meeting or surpassing the relevant standards. In relation to security and investigative professionals it includes: •

a positive attitude toward work

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high standards of appearance and behaviour

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being respectful and polite to all they contact

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good knowledge of: security related laws and legal issues policies and procedures

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duties and requirements The Shand Inquiry and PSISA Review

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Ethics are the moral principles that guide us to act in a manner that is acceptable to society as a whole. Acting ethically is to know the difference between right and wrong and to make the right choice, doing what is right.

Code of Conduct The Ontario Code of Conduct for the security and private investigation industry are: (a) act with honesty and integrity; (b) respect and use all property and equipment in accordance with the conditions of his or her licence; (c) comply with all federal, provincial and municipal laws; (d) treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability; (e) refrain from using profane, abusive or insulting language or actions or actions that are otherwise uncivil to any member of the public; (f) refrain from exercising unnecessary force; (g) refrain from behaviour that is either prohibited or not authorized by law;

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