Investigators’ mandates are usually based on those of their organization and their duties within that organization. If the duties of investigators are clearly defined in the organization’s personnel and procedures manuals, some of the integrity problems associated with under- or over-zealous investigators can be avoided. Most systems have written codes of ethics for investigators since their conduct is an essential part of ensuring integrity in enforcement.
Protecting Integrity in the Performance of Duties
Investigators must ensure that they perform their duties with honour and integrity. To do this, they must:
- Have the necessary jurisdiction to conduct an investigation. If facts are uncovered indicating that the investigation falls under the jurisdiction of another agency, most systems require that agency to be informed and the complainant to be asked to contact the appropriate agency.
- Use only lawful means to collect evidence and information relevant to the investigation. This is required to protect the rights of witnesses or the accused, and the admissibility of evidence.
- Exercise careful judgment in deciding on the most appropriate and effective interviewing methods, keeping in mind the “ethical obligations to act with dignity, fairness, moderation, thoroughness and political impartiality.” [1]
- Protect the civil and political rights of individuals involved in the investigation. This includes informing them of their rights.
- Be respectful when interviewing individuals. With witnesses and others, avoid personal or private discussions that could bring into disrepute the administration of justice. Refrain from asking embarrassing, insulting or abusive questions. [2]
- Respect the privacy rights of individuals by ensuring that all personal information collected about them is relevant to the investigation.
- Inspect election documents relevant to the investigation without tampering with them.
- Investigate within the policy framework of the investigative office, and report findings and concerns objectively to supervisors in a timely fashion.
- Assess the facts objectively to determine whether the alleged offence occurred. Make objective recommendations on what action, including prosecution, should be taken.
- Protect the confidentiality of the investigation. Ensure that personal information, correspondence and other documents related to a case remain confidential and are discussed only with authorized persons. This approach also protects the privacy rights of individuals.
Supervision
Investigators usually work within the chain of command of their organization. A head investigator manages the investigative resources of the agency and is responsible for the planning, organization, execution and monitoring of the investigative process within the agency. [3]
Adequate supervision is essential to ensure integrity in conducting investigations. It also ensures that investigators follow the procedures and work in accordance with the requirements of the system.
NOTES
[1] Commissioner of Canada Elections, Investigators' Manual, 2004.
[2] Ibid.
[3] Ibid.
