make a difference in objectivity, impartiality, and fairness and what does it means as investigative role as a community care licensing officer.

how your own social identity and personal biases may influence your approach to investigations?

What are some of the unique challenges people may face or system barriers that may influence an investigation? How will people mitigate those challenges?

References

8 principles of investigation( book name , How to investigate: The fundamental of effectiveFact finding 2 edition)

1. Investigator must be as independent as possible.
2. Investigator must be appropriately trained and experienced.
3. All potentially relevant issues must be identified and, where appropriate pursued.
4. The investigation must be sufficiently resourced.
5. All relevant digitally stored and physical evidence must be identified, preserved, collected and examined as necessary.
6. All relevant documentation must be secured and reviewed.
7. Anyone who may have relevant information about whatever is being investigated must be identified and,where necessary, interviewed. Any interview must be through and objective.
8. The assessment of all the material gathered in the investigation must be objective and based solely on the fact.

course reading

According to Mullan (1996), Canadian Administrative Law is the body that addresses the actions and operations of governments and government officials in Canada. Administrative law provides the remedies available to anyone affected by the government or its officials breaching or exceeding those legal limitations.

Administrative law allows for a review of decisions made by administrative decision makers (ADMs), such as licensing officers and public health inspectors to who power has been granted by laws which have validly been passed by the Legislature. The review is requested by the party affected and if accepted heard by the Community Care and Assisted Living Board.

The basic concepts of administrative law are;

• Natural Justice - procedural fairness, due process
• Right to be Heard - notice, disclosure, participation
• Rule Against Bias - no prejudgement of case, no conflict of interest or perceived, no fettering of discretion
• Procedural Fairness
• Burden of Proof - Standard of Proof

Administrative law is not fixed or static; it is nimble and adaptable to each individual investigation. It guides and confirms to the changes and circumstances of each individual case.

Natural justice, procedural fairness, and due process are the exercises and safe guards in place to ensure government officials are operating and applying rules appropriately and according to their specific designation.

Licensing officers have an overall duty as government officials to act fairly and justly in all matters related to inspection and investigation. It is expected that these tasks, as carried out by licensing officers, are done so in a manner that ensures the foundational principles of administrative law are tested and met.

Each component of administrative law is a critical step in ensuring that the work completed by the licensing officer will be held accountable and consistent withstanding any scrutiny.

An example of two of the administrative law components vital to the investigation process is the 'right to be heard' and the 'rule against biases'.

Right to be Heard

• Notice
  • Advance notice of the matter to the affected persons
  • Reasonable timeline for notice
• Disclosure
  • Right to know the allegations against them
  • Right to have all the information and evidence
• Participation
  • Opportunity to respond to the evidence and to present other information and evidence which may be relevant to the investigation

Rules Against Bias

• A rule against prejudgement of evidence in an investigation
• Decision makers should not have pre-conceived conclusions regarding an investigation or decision
• Be aware of even the appearance of bias
• Circumstances that may create an appearance of bias
  • Affiliation with a party
  • Personal relationship
  • Business relationship, recent or current
  • Inappropriate or inaccurate statements or negative judgements during the investigation process or appeal process

It is vital to ensure that the person affected has been afforded the opportunity to influence the decision and that the decision maker has all the necessary and relevant information to make a rational, fair, and informed decision. Fulfilling the administrative law principles aides in ensuring that the decision can withstand the scrutiny of an appeal tribunal or hearing as duty of fairness was appropriately demonstrated.

Balanced Use of Authority

• Mitigates conflicts related to power and authority
• Uses effective communication skills
• Develops and has a clear understanding of authority
• Achieves balanced authority within the working relationship

Licensing officers should ensure that licensees are presented with all the appropriate information related to the investigation and that they have provided the licensee with an opportunity to present additional evidence if available. By doing so, conflicts are more readily resolved or even prevented when clear communication and processes have been employed.

When you are in conflict with a licensee ensure that you are working to redirect, navigate the transaction back onto course, consult with your peers and obtain coaching support from your team and management staff.

Licensee's may access a variety of channels for themselves in working through conflict which may include:

• Reconsideration
• Appeal
• Seeking out political allies
• Seeking out support or trying to circumvent the process by appealing directly to health authority management, medical health officers, or board members

Fettering of Discretion

• When a decision maker has applied general policies so stringently that the conclusion of the investigation appears to be predetermined.
• When the responsibility of the decision maker allows them to exercise discretion but they choose not to.
  • For example, when a licensing officer picks and chooses what information they include in an investigation, leaving out pertinent and related evidence.

Due Diligence:

• Ensure you, as the licensing officer, understand the standards that the Community Care and Assisted Living Act (CCALA) and associated Regulation establishes
• Gather necessary facts and evidence, including relevant documentation and interviews
• Effectively communicate requirements of the CCALA and Regulation to the licensee
• Follow progressive enforcement if there is a contravention of the CCALA or Regulation
• Follow appropriate policy; i.e. health authority and/or community care facility licensing program
• If in doubt, seek clarification from health authority management

Burden of Proof:

• Onus is on Licensing to prove contravention and to continue to monitor the licensee.
• Standard of proof is based on a balance of probabilities, 50% +1
• Weighing all evidence and factual content
• Licensing is responsible to ensure that the collection of evidence in an investigation is reliable, fair and assessed and analyzed accordingly