Insights

As investigators, we are often asked by our clients to use search warrants to obtain information that will further an investigation.  Of course, wanting to please our clients, we would be happy to do so whenever possible, and indicated. However, most often we are in a position where we must explain why we cannot obtain a search warrant, or why using a search warrant would not be appropriate in the circumstances. I have written about search warrants in the past and explained the process for obtaining one.

We have been busily making people aware of our new education company, Nuance Education + Training. Response has been amazing and we have great programs lined up for May and June. Click here to see the upcoming programs in your area.

In a recent matter, Bairaj Shoan and Attorney General of Canada (2016 FC 1003), a federal court judge rejected a workplace harassment investigation due to an improper investigation into alleged workplace harassment. In the decision, The Honourable Mr. Justice Zinn found that due to a lack of procedural fairness and natural justice within the investigation process, it could not be considered as evidence against the alleged harasser.

We are very proud to announce the opening of our sister company Nuance Education + Training.Over more than 12 years Benard + Associates has seen almost everything you can imagine in the world of investigations. Whether it is a regulatory matter, workplace issue, or a combination of both, we have dealt with it and have the insight to create approaches and best practices that are second to none.

We are very pleased to introduce Stefanie Blacker, who joined Benard + Associates on November 21, 2016.

As another year ends, we want to thank our clients, associates, friends, and family for their support in 2016. Each year brings about the demands of change and the excitement of new challenges. We look forward to all that 2017 will bring, and we wish all of you the very best for a wonderful holiday season and a new year filled with peace and love.

The demand for our educational services has grown steadily over the past few years and to meet that demand, Benard + Associates is creating a new organization focused on the delivery of quality educational programs that will meet the needs of our clients.

Whether to audio-record interviews can be a contentious issue. As investigators, we are often questioned, sometimes by opposing counsel at disciplinary hearings or tribunals, why we did, or did not, audio-record an interview.

Benard + Associates is pleased to offer a new service to complement the investigation and mediation services we currently offer our regulatory clients. As part of the spectrum of complaint resolution, Benard + Associates is now offering professional decision writing services to assist our clients in resolving matters in a timely manner.

Anyone who has attended a course or workshop on investigations will have likely heard the instructor emphasize the importance of being unbiased in your investigation. However, despite this sound advice bias still finds a way to creep into some investigations. The result can be catastrophic for everyone.