FAQ #9 Will the evidence collected by a private detective hold up in court?

The admissibility of evidence collected by a private detective

The admissibility of evidence collected by a private detective will depend on various factors, including the type of evidence, the manner in which it was collected, and the rules of evidence that apply in the particular court or tribunal where the evidence is being presented.

For example, evidence obtained through unlawful surveillance or hacking of electronic devices may not be admissible in court. The courts will consider factors such as the method of collection, the reliability of the investigator, and whether the evidence was obtained in a manner that respects the privacy rights of individuals. Here are a few examples of cases where evidence collected by a private investigator played a role in the outcome of the case:

Matrimonial disputes:

Private investigators are often hired to gather evidence of infidelity or other inappropriate behaviour in matrimonial disputes. In some cases, the evidence collected by the investigator has been used to prove adultery, which can be grounds for divorce.

Intellectual property theft:

Private investigators are often hired by businesses to investigate cases of intellectual property theft. In some cases, the evidence collected by the investigator has been used to prove that a competitor or former employee stole trade secrets or other valuable information.

Workplace harassment:

Private investigators are sometimes hired to investigate claims of workplace harassment or discrimination. In some cases, the evidence collected by the investigator has been used to prove that the harassment or discrimination occurred, leading to disciplinary action against the perpetrator or a settlement for the victim.

Evidence collected by a private investigator has been accepted in Superior Court

It is important to note that the admissibility and usefulness of evidence collected by a private investigator will depend on the specific facts and circumstances of each case. There have been well-known cases in Canada where evidence collected by a private investigator has been accepted in Superior Court. For example, in the case of R. v. Singh (2007), a private investigator was hired by the Crown to conduct surveillance on the accused. The evidence collected by the investigator was admitted in court and played a key role in the conviction of the accused.

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