(a) Most contacts between citizens and Investigation and control officers, investigators, are discussions that involve exchanging information to obtain clarification and explanations on their claims.
The investigation and control manual clearly directs investigators to caution an individual prior to taking a statement when the investigator has reasonable grounds to believe that the individual has committed an offence that is likely to lead to a prosecution. Less than 1% of all investigations lead to prosecution every year. These procedures are followed by investigators in human resource centres across Canada. The decision to caution a client is based solely on whether prosecution is a consideration, as opposed to the geographical location.
(b) Departmental officials consulted are unaware of such a form.
(c) An investigation can be initiated from a variety of sources including tips from third parties. These tips can be received verbally, in writing, by e-mail or by phone and they can be from known or unknown sources. Human Resources Development Canada, HRDC, has the responsibility to protect the integrity of the employment insurance, EI, fund and as such has an obligation to investigate alleged fraud and abuse. While looking into such tips HRDC personnel undertake many activities to verify the accuracy of information received. This is the case whether the source of the tip is known or unknown. This could include but is not limited to contacting employers to verify payroll and employment records, requests by mail or telephone to claimants, and in person interviews.
(d) HRDC personnel interview clients in accordance with guidelines set out in the departmental code of conduct. The policy for investigation and control does not require the audio or video recording of interviews, but it does not preclude it either. Clients can however request such recordings.
(e) HRDC personnel adhere to the legal principles governing the cautioning of individuals and their rights to legal counsel.
Investigators do not have the authority to arrest or detain individuals. Nevertheless, when it is anticipated that an investigation may lead to a prosecution, clients are informed of their right to retain and instruct counsel without delay.
HRDC personnel will provide clients with a reasonable opportunity to consult counsel and they will provide them with information on legal aid if appropriate. HRDC personnel will cease questioning if the client wishes to retain counsel.
Only 1% of all investigations lead to prosecution. In view of this, the department has not considered providing duty counsel.
(f) The directives provided in section 2.20 must be read in conjunction with the preceding sections of this chapter.
As stated in section 2.20 officials can direct claimants under subsection 41(5) of the Unemployment Insurance Act, now changed to subsection 50(5) of the Employment Insurance Act, to attend an interview to provide additional information on their claims. The form used for this purpose is called a direction to report. It is the client's responsibility to attend such an interview and provide information as required. Should they decide not to attend or to withhold information, their benefits could be affected.
If the purpose of the interview pertains to a more serious matter that could lead to a prosecution, investigators use different methods to communicate with claimants such as by telephone or by using the form appointment for interview. In these types of interviews clients are informed of their right to retain and instruct counsel without delay.
The minister has not been consulted on the procedures outlined in the manuals since they are in line with the authorities delegated to HRDC employees. HRDC policies and procedures are in accordance with the law and the charter of rights and freedoms.
The investigation and control directorate is currently updating its manual to ensure the instructions and procedures are simple and clear.
(g) HRDC does not use a departmental form specifically titled statement of declaration. The report of interview is the departmental form used by investigators to document the information obtained during the interview. It is HRDC policy however that all clients are provided with a copy of the report of interview. All clients have a right to request a copy of their report.
(h) The investigation and control manual directs investigators to provide copies of the report of interview to the client.
(i) The timeliness, accuracy, clarity of documentation and fairness in an investigation are some of the key elements that are considered in the assessment of the investigation and control officer's performance. These evaluations can be carried out in various ways including such activities as reviewing investigator's files and in person feedback sessions.
To maintain a high level of skills in its workforce HRDC provides investigators with ongoing training and refresher courses including such subjects as investigative skills and interviewing skills.
(j) The downsizing of federal government employees which took place during the 1990s has resulted in the loss of more experienced investigators. To help build expertise in its workforce HRDC has put in place national training programs, monitoring and quality management policies which ensure that its investigation and control officers conduct investigations in a professional, courteous and fair manner.
With regard to the reference to the auditor general's criticisms, his December 2000 report referred to the working relationship between HRDC and Canada Customs and Revenue Agency, CCRA, in dealing with abuse and fraud in the context of current investigations into the activities of certain farm labour contractors in the lower Fraser Valley in British Columbia. The concerns raised in this report were essentially with the role of CCRA rulings officers, their training, general knowledge of the case, their investigative experience, ability to use our information, et cetera. Both departments recognize the need for co-operation and communication and have been working together to improve the working relationship.
