What was the scope of College investigators’s investigative powers?
Ontario, Canada
The following excerpt is from Ontario (College of Pharmacists) v. Rak, 2018 ONCPDC 45 (CanLII):
The Panel finds that none of the information gathered about the Member was provided involuntarily nor was it obtained from persons who felt compelled to do so due to the presence of the College investigators in the pharmacy. The Panel finds the College investigators did not seek or compel anyone to provide information about the Member. The information gathered by the College investigators about the Member was done on a voluntarily basis. The Panel referred to Brosseau v. Alberta Securities Commission, 1989 CanLII 121 (SCC), [1989] 1 S.C.R. 301 (“Brosseau”), at paras. 30-31 and 35-36, for guidance on investigative powers.
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