Workplace Investigations

The Defence Group defends individuals and companies charged with all criminal and regulatory offences. If someone is the subject of a criminal or regulatory prosecution, some type of investigation was conducted by law enforcement or a regulator which resulted in charges.

When charged, an accused person or company is entitled to disclosure. In criminal proceedings, disclosure consists of all information in the Crown’s possession relevant to the defence. Disclosure primarily consists of the fruits of law enforcement’s investigation into the alleged criminal conduct. In certain circumstances, we apply to Court for orders compelling third parties to disclose evidence which may be relevant to our clients’ defence. In regulatory proceedings, disclosure primarily consists of the regulator’s investigation into alleged wrongdoing.

The Defence Group thoroughly reviews every investigation that our clients are the subject of. We review investigations for breaches of our clients’ rights, for oversights, for mistakes and for potential defences. We also conduct our own parallel investigation on our clients’ behalf. We take a critical look at the evidence, assumptions and allegations that are being levelled against our clients. What may be missed by the untrained eye, can mean the difference between our clients’ liberty and/or their ability to carry on with a career.

This is why members of the McDougall Gauley Defence Group are well-situated to assist you or your company in workplace investigations. Whether there is an allegation of harassment, discrimination, criminal offences and/or other inappropriate conduct, the Defence Group (with the support of McDougall Gauley’s Labour and Employment Group) is able to assist in taking corrective action to respond to allegations of inappropriate conduct. This will very likely include conducting an investigation into allegations to get to the bottom of things. We can also assist in the development of workplace harassment policies to properly respond to allegations of misconduct in the workplace.

Every employer is obligated under The Saskatchewan Employment Act to develop and enforce a policy that prevents workplace harassment that includes, among other requirements, a commitment to make every reasonably practical effort to ensure that no worker is subjected to harassment and to take corrective action against any employee that subjects another worker to harassment. Our group of lawyers understand the importance of a thorough investigation. Your business and reputation rely on it.

Matthew J. Schmeling & Susan B. Barber, Q.C.

Matthew has extensive experience reviewing and directing investigations on behalf of his clients who are the subject of serious criminal and regulatory prosecutions.

Susan is a partner focusing on labour and employment law. She has significant experience dealing with harassment and other investigations in the workplace.