Monthly Archive for February, 2007

Page 2 of 2

Bill C-299 – Another Destructive Knee-Jerk Reaction

Published on February 11, 2007 in Legislation, Privacy and Private Investigator. 0 Comments

Bill C-299 is an Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud) and was introduced in Parliament as a Private Member’s Bill by The Honourable James Rajotte on May 17, 2006. It was referred to the Standing Committee on Justice and Human Rights after it had received Second Reading on November 1, 2006.

This legislation will actually make it easier to commit fraud. It will protect criminals, debtors, tax cheats, child support debtors, and welfare thieves by making it impossible to bring them before the courts. It will make a civil judgement worth less than the paper it is printed on. This will make identity fraud more common by eliminating any avenues to determine a person’s real identity. The tools available to private sector investigators to catch, identify, or prosecute these people are constantly being legislated out of existence.

Private Investigators investigate these crimes on behalf of banks, insurance companies, business corporations, and their legal counsel when the police refuse to act because the damage doesn’t exceed their magic number, or they avoid involvement altogether by saying it’s a civil matter. Who will fraud victims turn to when Private Investigators are rendered useless, the police won’t act, and the courts become a useless waste of money — The Hon. James Rajotte?

For an full understanding of how damaging this legislation will become, please read Pretext, Privacy & Private Investigators by Kevin D. Bousquet.

Identify Yourself!

Published on February 9, 2007 in Identity Fraud. 0 Comments

Identify Yourself

Fraudster’s Protection Plan

Published on February 9, 2007 in Courts and Fraud. 0 Comments Tags: .

Most Canadians, at least the honest ones, don’t understand that arrest warrants are usually limited to the issuing province for most offences. Only serious violent offences result in a Canada-wide warrant.

The mobile offender need only move to another province, not another country, to evade prosecution or jail.

Only in Canada you say–Pity

Being Caught Red-Handed is an Invasion of Privacy

Published on February 1, 2007 in Courts, Privacy and Private Investigator. 0 Comments

In Shred-Tech Corp. vs. Viveen, heard before the Ontario Superior Court of Justice, the plaintiff sued numerous former employees for violating a non-competition agreement. Strong evidence against the Defendants was information obtained by a private investigator, including the defendants’ calling records and surveillance video of the defendants’ new places of business.

The defendants brought a motion to use this material for a complaint under the federal Personal Information Protection and Electronic Documents Act.

In siding with the defendants, Justice D.J. Gordon stated, “There is some debate as to whether there now exists a tort of invasion of privacy. I am of the view recognition of such a tort in law is the logical result of the acknowledgment of privacy rights.”

If this line of thought prevails in Ontario, we will be prevented from investigating any criminal offence, violation of a contract or insurance claim. This will just encourage Defendants who are “caught in the act” to demand protection because their privacy was invaded.