Criteria for Investigative Firms
The CCES contracts external firms to conduct investigations when needed through the Canadian Safe Sport Program (CSSP) reporting process. This is the list of requirements for firms that are used by the CCES:
Experience: The firm must specialize in and have experience in following procedures similar to those of the CSSP Rules and leading investigations similar in substance to investigations of prohibited behaviours under the UCCMS.
CSSP Rules: The firm must familiarize themselves with the CSSP Rules, comply with the relevant articles, and ensure investigators undertaking CCES investigations complete the CSSP online e-learning module and sign the accompanying consent form.
CCES Guidelines for Investigations: The firm must ensure their investigative processes align with the CCES Investigative Guidelines and investigators comply with these guidelines.
CSSP Case Management System: The firm must be willing to use the CCES’s case management software to receive, transmit, and upload investigative materials and reports.
Confidentiality: The firm must be willing to ensure that all investigators, both those involved in investigations and those who conduct the peer review, sign confidentiality and conflict of interest agreements prior to commencement of investigations.
Legal Compliance: The firm firms must operate within the boundaries of applicable laws.
Ethical Standards: The firm must adhere to ethical guidelines, ensuring that investigations are conducted professionally, and without using unethical or illegal means to gather information.
Data Security: The firm must have data protection policies and systems in place for handling sensitive data and case documents that are/have been shared with the CCES for review.
Professional Liability Insurance: The firm must carry appropriate liability insurance coverage.
Resources: The firm must have an adequate roster of investigators to provide for diversity in skills and experience. The firm must also commit to dedicate sufficient resources to complete investigations efficiently and within the CCES Investigative Guidelines.
Language Requirements: The firm must have investigators available who can conduct investigations in both official languages.
Investigator Certification: All investigators used by the firm for CSSP investigations must be lawyers in good standing with a Provincial/Territorial Law Society. The CCES may grant exemptions to this criterion on a case-by-case basis.
Criminal Record Checks: The firm must ensure their investigators have, at a minimum, an annual standard criminal record check that shows that they have no criminal convictions or offences, with a vulnerable sector screening for those conducting investigations involving minors. Note, a criminal record check that includes a vulnerable sector check is preferred for all investigators.
Understanding Trauma: The firm must ensure Investigators are trained to recognize the signs of trauma and understand how trauma can impact a person’s behaviour, memory, and response.
Sensitive Interactions: The firm must ensure that all team members (investigators, administrative staff) are equipped to handle interactions with those involved in an investigation in a manner that is compassionate, non-judgmental, and respectful.
Interviewing Minors: The firm must ensure that, for cases involving minors, investigators have received specialized training on interviewing children and have a vulnerable sector check as part of their criminal record check.
Cases Involving Sexual Assault: The firm must ensure that, for cases involving sexual assault, investigators have substantive experience or expertise in sexual assault law.
Avoiding Re-Traumatization: The firm must ensure investigators are trained in conducting interviews and gathering information in a way that minimizes the risk of re-traumatization.
Transparency: The firm must ensure investigators inform participants involved with an investigation about the process, the scope, and any rights or obligations they have under the CSSP Rules.