The Investigation Process

The Investigation

If an investigator is appointed, they will have the relevant experience for the complaint in question and will have no conflict of interest with the parties.

Where a Party is a Minor, the investigator should direct all correspondence for that Party through the Minor’s guardian, parent or other adult representatives.

The Investigation Process is determined at the discretion of the Investigator, in compliance with all relevant laws. It can include:

Interviews with the Complainant;
Witness interviews;
Statement of facts (Complainant’s perspective) prepared by the investigator, acknowledged by the Complainant and provided to the Respondent;
Interviews with the Respondent; and/or
Statement of facts (Respondent’s perspective) prepared by the investigator, acknowledged by the Respondent and provided to the Complainant.

Investigator’s Report

The investigator will prepare a report including summary of evidence from the parties and a recommendation as to whether the Respondent has violated an applicable policy or code of conduct.

The investigator’s report will be provided to the ITP who will disclose it to the Adjudicative Panel. The ITP may also disclose the investigator’s report – or a redacted version to protect the identity of witnesses – to the Parties, at the ITP’s sole discretion.

Should the investigator find that there are possible instances of offence under the Criminal Code or behaviour which might constitute child abuse under the relevant provincial/territorial legislation, the investigator shall advise the Complainant and the ITP that it must refer the matter to police.

Typically, the Investigation Report is determinative of the facts and the Adjudicator will not conduct a new investigation in order to render their decision – the Adjudicator will rely on the findings of the Investigator. However, if the parties rebut the Report, the Adjudicator will determine how much will be accepted and whether any additional evidence is necessary.