At the Consumer Investigations Unit (CIU) there are many subdivisions housed in this agency, primarily the assessment, intelligence, and investigative teams. The investigative process always begins with the assessment team, where intake officers are tasked while filtering through several complaints submitted by the public against businesses who are in the Alberta marketplace. Complainants submit a complaint form along with the required documents in order for an investigation. More often than not, many complaints are redirected and referred to other agencies by the assessment team as the complaint is outside the legal jurisdiction of the CIU. In the case that a complaint assessment has determined an offence has occurred, an investigation is required. Additionally, investigations can also commence in the event that through intelligence probes the intelligence team finds suitable subjects who have reasonably suspected of committing an offence. What differentiates CIU investigations from others are that this agency is primarily tasked with enforcing the Consumer Protection Act, a legislative document created to ensure a fair and safe marketplace in the province of Alberta. Thus, CIU investigators and officers mainly manage regulatory offence cases, also known as public welfare offence cases, in comparison to police officers who also deal with criminal offence files. Moreover, there is a clear distinction between regulatory and criminal offences as the outcomes of the case, role of mens rea, and liability vary. Regulatory offences deal with conduct in the perspective of general public welfare or conduct prohibited in consideration of public interest. To determine a business or individual culpability, regulatory offences fall in between the legal tests of Beyond a Reasonable Doubt and Balance of Probabilities. Justice Dickson held that regulatory offences prima facie fall into the category of strict liability, in which mens rea is not required to be established but rather replaced by the defence of reasonable care (R. v. Sault Ste. Marie, 1978 CanLII 11 SCC at p. 1302). Therefore, the defence of due diligence is not available and the Crown is not responsible for proving the existence of intent by the offender. Much like when you drive over the speed limit below a certain threshold which does not categorize it as criminal, police officers who pull over are not responsible for proving the mens rea of the vehicle operator, drivers are often released or fined. Similarly, at the CIU if an investigator finds that there is reasonable grounds to believe an offence occurred, an investigation will commence without an intense consideration of intent and guilt.
Figure 3. Investigative Interviewing (NITA, 2021)
Once the investigation has commenced, the CIU will delegate an investigator and an initial file assessment will be drafted to gain a synopsis of the case. This overview will guide the investigator in the rest of the operation and how they will handle the case. The first step in the investigative process at CIU is to contact the complainant to gather their personal testimony and any other evidence they are able to provide. In most cases, the complainant is contacted in one or a combination of three ways, through email, telephone, and or in-person meetings. Investigators must gather information and ask the questions that they need answered. A key skill investigators must acquire is the ability to formulate precise questions which open up the conservation as much as possible. Open-ended questioning allows for both the complainant and respondent to talk for as much as they would like, which is a great outcome for an investigator. Standard and approved interview practices to develop are immediacy and the PEACE model of interviewing. McGurk et al. (1993, as cited in King, 2021) found that officers who were taught the PEACE model had an increase in knowledge and skill in comparison to their counterpart officers. Fortunately, whilst interviewing either the complainant or respondent, it may occur that even more offences are identified which can potentially lead to more charges being laid as a result of training interviewing skills. Therefore, forensic interviewing skills are extremely useful in extracting the most beneficial information from both subjects and the skills learned are an invaluable tool as an investigator. As soon as the findings are concluded, CIU investigators write a report to determine the following steps to resolve the case. There are four distinct outcomes that result after an investigation has occurred, a formal warning by the CIU, administrative action, provincial court, and criminal court, with warnings and administrative action being the most common. For large and complex cases where there are expects of civil or criminal liability, judicial action is more likely to be required.
Figure 4. Specified Penalty Listing (own photo).
Formal warnings can come in many forms, most notably through mailed letters. Typically they include a solution to the offence that the business has committed. For example, to demand the business found guilty to register for a specific type of licensing after being found operating without it. If found to have committed an offence, the CIU aims to establish compliance by outlining specific sections of the legislation in which the business has breached. Subsequently, in the email the CIU iterates the steps required in order to rectify the offence, for instance, obtaining the appropriate license and paying a specified fine. Oftentimes the CIU intelligence team will follow up to verify that the business has complied through inspections and intelligence probes to confirm that such businesses are compliant. The CIU will also frequently perform administrative actions on businesses that repeatedly commit regulatory violations. The administrative actions that the CIU performs are generally non-judicial unless the case has been forwarded to court.
In order for enforcement agencies to maximize compliance, regulation should be created in a way that allows public agents to carry out administrative sanctions (Abbot, 2009). Abbot (2009) argues that such powers will legitimize an Agency's enforcement abilities and consume less time and energy in comparison to the judicial process. These regulatory sanctions are carried out to deter the business from further victimizing Alberta consumers through fines and penalties, license revocation, director's orders, and regular inspections and investigations. If the CIU and other government agencies determine that a certain business is a public threat to the Alberta marketplace, these enforcement actions may become public, which in turn makes consumers aware of their practices and harms their reputation and potential future business. In order to maintain the public image of businesses, shareholders are urged to comply with legislation and regulations in order to protect their financial, reputational, and professional image associated with regulatory violations.
References
Abbot, C. (2009). The Regulatory Enforcement and Sanctions Act 2008. Environmental Law Review., 11(1), 38-45.
https://doi.org/10.1350/enlr.2009.11.1.039
King, M. (2021). Financial Fraud investigative interviewing - corporate investigators' beliefs and practices: a qualitative inquiry. Journal of Financial Crime., 28(2), 345-358.
https://doi.org/10.1108/JFC-08-2020-0158
NITA. (2021) How to Conduct an Investigative Interview [Photograph]. investigativeacademy.com/how-to-conduct-an-investigative-interview/
R. v. Sault Ste. Marie, 1978 CanLII 11 SCC