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As an external investigator brought in to investigate allegations of sexual assault, it is often necessary to make a determination as to whether or not the particular activity was consensual. This is one of the most difficult determinations to make, as it requires an assessment of the complainant’s subjective mind at the time of the
Earlier this month, the Globe and Mail released its findings from a 20-month investigation into how police services across Canada handle sexual assault allegations. Robyn Doolittle’s investigation report, ‘Unfounded’, found extensive flaws and inconsistencies in how allegations were closed by police and deemed unfounded in the various police records’ systems. A copy of the investigation
A decision out of the Federal Court of Appeal this month has provided a reminder for investigators that their approach, their reports and the eventual findings must be reasonable in order to pass judicial scrutiny. The decision, Emerence Miakanda-Batsika v. Bell Canada 2016 FCA 278, is an endorsement of a previous Federal Court decision (2014
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