Annual Report: 2002-2003

B. Demystifying the Investigative Process

The investigative method of choice for fact-finding (used in well over 90 percent of investigative activities) is the informal interview conducted by an investigator delegated for the purpose by the commissioner. Informal interviews are pre-arranged at mutually convenient times, face-to-face or by telephone, at venues usually chosen by the interviewees. Such interviews are not conducted under oath. Informal interviews are rarely recorded and never without the knowledge of the interviewee.

In the informal interview process, investigators take care to ensure that interviewees are interviewed in private and out of the presence of others (including co-workers, supervisors and legal representatives of the employer). Only if an interviewee asks to be accompanied by others, and only if the investigator is convinced that the others will assist the investigation and not impede the candor of the interviewee, will others be permitted to be present during an informal interview.

The informal investigative method of choice for obtaining representations from complainants and government institutions is a combination of interviews (face-to-face or telephone) and exchanges of letters. With respect to obtaining the representations from heads of government institutions, investigators deal directly with the official delegated by the head of the institution to provide representations to the commissioner.

This description of the informal investigative process should be read in conjunction with the commissioner's Quality of Service Standards for Investigations which are set out at pages 54 to 58.