Principle 3: Effective Investigation
Elections Canada requires its Special Investigators to identify all
documentary evidence in the following manner:
(Excerpt from Commissioner of Canada Elections, Investigators’ Manual 2 (2004), Ch. 9
Collection, Use, and Preservation of Evidence).
For evidence contained in envelopes, boxes, and electronic devices:
•
“Record the file number of the investigation on the document and/or container;
•
state in the investigation report the exact location, the…data base descriptions,
and specific address where each document was seized or obtained, and from
whom;
•
describe each document and reference number;
•
identify the Investigator taking possession of the documents;
•
record the date and time of the receipt or seizure of documents; [and]
•
prepare an exhibit report....”
Additionally, for evidence and other information in electronic records, investigators should:
•
“[P]rovide the identity and address of all persons who…retrieved the information
from the computer or database;
•
identify the person who made entries in the record…;
•
determine who has knowledge of [the evidence] and could therefore be a
competent witness in any further investigation or court proceedings; [and]
•
advise the providers that the documents will be returned once the matter has been
resolved....”
removal or theft, or manipulation of evidence.421
Through controlled entry and exit, as well as restricted access, the location
and premises of an investigation body should enable secure evidence storage.422 Investigative bodies should store evidence in a secure location, where
it would be protected not only from unauthorized access, but also from the
421 See id. at 35–36. (The International Association for Property and Evidence defines an access log as “a document that
records the entry of non-assigned personnel into the property room, and why the entry was necessary. The log should record
name, ID number, reason for the entry and which employee assigned to the property unit escorted the person.”).
422
U.N. Handbook on Practical Anti-Corruption Measures for Prosecutors and Investigators, supra note 80, at 42.
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