Ontario Private Investigator overview

Ontario Private Investigator: Evidence: types, Evidence Acts and chain of custody

Direct, circumstantial, hearsay, documentary (illustrative), real, trace, opinion and unsworn evidence, admissions, business records under the Ontario Evidence Act and Canada Evidence Act, and the six core steps for containing evidence and keeping a chain of custody.

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Evidence: types, Evidence Acts and chain of custody · Question 1Score 0/0

You collect a dropped item as evidence. What should you write on the evidence bag?

Study reference: Ontario Private Investigator Study Guide (ontario.ca, October 2021), Ch. 3 Provincial and federal statutes — Ontario Evidence Act and Canada Evidence Act, Types of evidence; Ch. 5 evidence handling; Evidence Act (Ontario) ss. 18, 35; Canada Evidence Act s. 30

All 13 questions in this test

Every question and its answer choices. The correct answers and explanations appear when you take the test above.

  1. You collect a dropped item as evidence. What should you write on the evidence bag?

    1. Your opinion of how the item was used
    2. The subject's name and the client's file fee
    3. Your initials and the date and time gathered
    4. Nothing, so the court sees it untouched
  2. An accused voluntarily admits the theft to a co-worker, who later testifies about it. How does the study guide treat this?

    1. It is admissible only if a police officer was present
    2. It counts as opinion evidence from the co-worker
    3. It is hearsay and can never be admitted in a trial
    4. It falls outside the hearsay rule and may be admissible
  3. With one party's consent, you save an intercepted electronic message on a USB drive. How should the drive be treated?

    1. As a personal copy you may keep at home
    2. As waste to be deleted once the report is filed
    3. As a draft that can be edited for the report
    4. As evidence, stored in a secure location
  4. What type of evidence are surveillance photographs and video considered?

    1. Hearsay evidence
    2. Opinion evidence
    3. Illustrative evidence
    4. Unsworn evidence
  5. A witness says a co-worker told her he saw the theft. Why is this hearsay of questionable reliability?

    1. The witness was not under oath when the co-worker spoke
    2. Hearsay is reliable only if written down the same day
    3. The co-worker is not in court and cannot be cross-examined
    4. Workplace conversations are excluded by the Evidence Act
  6. A knife is to be presented in court as real evidence. What is usually needed to show it is the same object?

    1. A signed statement from the accused's employer
    2. A witness explains where and how it was found and where it was kept
    3. A photograph of a similar knife from a store catalogue
    4. The investigator's own opinion that the knife looks the same as the one at the scene
  7. A young witness does not seem to understand the nature of an oath. According to the study guide, who should be consulted?

    1. The client who hired you
    2. The Registrar
    3. The witness's employer
    4. The Crown
  8. A witness testifies that she saw the accused strike the victim. What type of evidence is this?

    1. Direct evidence
    2. Opinion evidence
    3. Circumstantial evidence
    4. Hearsay evidence
  9. Which list gives the six core steps for containing evidence?

    1. Observe, deter, record, report, testify, file
    2. Collect, analyse, copy, share, return, archive
    3. Locate, seize, photograph, label, store and then destroy
    4. Collect, secure, preserve, identify, continuity, log
  10. Why should you limit how many people handle a piece of evidence?

    1. Because the Registrar must approve each handler
    2. To lower the cost of storing the evidence
    3. To keep an unbroken, documented chain of custody
    4. Because only licensed investigators may touch evidence
  11. Which of these is an example of trace evidence?

    1. A surveillance video of the subject
    2. A signed witness statement
    3. A business invoice from a supplier
    4. Fibres from clothing found at the scene
  12. Evidence shows the accused owns the same type of gloves found at the scene and was nearby. What is this?

    1. Trace evidence
    2. Real evidence of identity
    3. Circumstantial evidence
    4. Direct evidence
  13. Under the Ontario Evidence Act, what notice must a party give before using a business record as evidence?

    1. At least seven days' notice to the other parties
    2. At least 24 hours' notice to the witness
    3. At least 30 days' notice to the court clerk
    4. No notice, since business records are always admissible

Evidence: types, Evidence Acts and chain of custody: key rules to remember

Our summary of what the official handbook says on this topic, in our own words. Read it before or after the practice questions above, then check the original chapter. Read the official chapter ↗

Ontario Evidence Act and Canada Evidence Act

  • PIs may present evidence in court and should know the relevant sections of both Evidence Acts, how to document and preserve evidence, and when to stop an investigation.
  • Syllabus: these Acts do not say how evidence is collected; they say which evidence is admissible and who may give evidence.

Types of evidence

  • Direct evidence: a witness testifies about what they saw directly; it is the preferred kind; its reliability depends on the witness's perception, memory and ability to describe.
  • Circumstantial evidence: a fact is inferred from other facts (owning the same kind of knife, being nearby); it must be connected closely enough to a relevant fact.
  • Hearsay: a witness repeats what another person, not in court, told them; that person cannot be cross-examined, so reliability is doubtful; generally not allowed if the original witness could be summoned.
  • Admissions: voluntary admissions by an accused reported by another witness fall outside the hearsay rule and may be admissible.
  • Documentary (also called demonstrative or illustrative) evidence: any written thing or recording — documents, photos, sound recordings, video, computer records; court must be satisfied it was not tampered with and is a true depiction.
  • Surveillance photos and video are illustrative evidence; in a civil case the PI marks them and logs them in a report.
  • Real (physical) evidence: objects shown in court, e.g. a weapon or clothing; a witness usually explains where and how it was found and where it was kept since.
  • Trace evidence: very small or invisible physical evidence (fingerprints, footprints, hair, fibres); must be collected or photographed by experts.
  • Opinion evidence: what a witness believes or infers; should come from an expert and be based on facts in evidence.
  • Unsworn evidence: every witness testifies under oath or solemn affirmation; if a witness seems not to understand an oath because of age or mental capacity, the Crown should be consulted.
  • A discarded item picked up in a public area such as a mall may be kept as evidence; garbage at the curb or on city property can be subject to municipal by-laws, so research them first.

Evidence handling and chain of custody

  • Six core steps for containing evidence: collect, secure, preserve, identify, continuity, log.
  • Treat all evidence as if it may be used at trial; the chain of custody (uninterrupted control) must be clearly shown.
  • Mark the evidence bag with the PI's initials and the date and time gathered; keep the number of handlers as small as possible and document each transfer.
  • Non-physical evidence (e.g. a saved electronic communication on a USB drive) is also treated as evidence and stored securely.
  • Syllabus: handling and sealing audio/video materials and inventory control are part of evidence procedure.

Ontario Evidence Act s. 18 and s. 35

  • s. 18(1): a person of any age is presumed competent to give evidence.
  • s. 35: a record made in the usual and ordinary course of business, at or near the time of the event, is admissible as evidence of that event; the party must give at least seven days' notice to the other parties.
  • s. 35(4): lack of personal knowledge by the maker affects weight, not admissibility.

Canada Evidence Act s. 30

  • A record made in the usual and ordinary course of business is admissible where oral evidence on the matter would be admissible.

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