Job Specification

Position Title:
EMERGENCY HEALTH SERVICES INVESTIGATOR
Job Code:
03519 - Emergency Health Services Investigator
Job ID:
48790
 

Purpose of Position :

To fulfill the duties and powers of the Minister per Subsection 4 (1) (e) of the Ambulance Act R.S.O. 1990, Chapter A. 19 to conduct investigations of complaints/incidents respecting ambulance services and related emergency health services operations (land and air ambulance, communication services and base hospitals) including alleged contraventions of legislation, regulations and standards. Where circumstances warrant, commence or cause to be commenced proceedings with respect to alleged contraventions of the Act; to prepare Crown Briefs and assist in prosecutions at trials for such offences; to prepare Director's Briefs and assist with the issuance of Administrative Sanctions as required. To provide advice to Branch/Ministry management and/or stakeholders on the resolution of service issues/contraventions; and to identify and recommend beneficial changes to policies, standards and legislation.

Duties / Responsibilities :

Within EHS Branch's Investigation Services the Investigator may have numerous cases at any one time in various stages of investigation/prosecution/sanction proceedings and with various degrees of scope and complexity.

Investigation Services is responsible for reviewing/investigating complaints/incidents against the ambulance and communications services in Ontario. The position of Investigator:

1. Independently conducts, and/or leads or participates as a team member on highly sensitive complaint investigations (e.g. quality of patient care, incompetence, breach of trust) from inception to completion, ensuring each investigation is completed thoroughly and on time. Handling a caseload of multiple active assignments in various locations throughout Ontario the ability to identify priorities and making changes to assignments/directions as required.

2. Develops and plans action/approaches. Plans objective, fair, thorough, unbiased and timely investigations into complaints regarding ambulance, communication service Base Hospitals and/or their employees, as directed by the Manager Investigation Services and/or the Director, EHS Branch. Assesses the scope of the investigation, gathers the evidence/information as required and determines the best investigation methodology, including the requirement for specialized assistance and support (e.g. forensic services), and who to interview and when. Develops investigative tools (e.g.: specific interview structures) and schedules to ensure complete and timely collection of information and evidence. Identifies potential investigative barriers and recommends effective solutions.

3. Obtains, organizes, analyses, preserves and assesses evidence in keeping with the requirements of the Ambulance Act as well as the Canada and Ontario Evidence Act from a variety of accessible and restricted resources using appropriate investigative techniques and technology. Ensures procedural compliance within prescribed rules of evidence/legislation with respect to recognized investigative procedures, and related Investigation Services policies, procedures and standards. Interviews and obtains statements from a broad spectrum of individuals (e.g.: paramedics, communications officers, allied agency personnel, municipal officials and civilian witnesses/complainants). Co-ordinates with third parties able to provide investigation related input and evidence (e.g.: hospitals, forensic scientists, accounting, owners of video/media etc.).

4. Assesses the obtained information/evidence. Draws conclusions and recommends enforcement (e.g. criminal charges, charges under the Ambulance Act, Director's Orders against service providers and/or paramedics).

5. Prepares comprehensive, succinct written reports that address the key issues of investigation findings, setting out facts cogently, objectively and accurately and in appropriate detail, including a well-reasoned analysis and objective assessment of evidence dealing with individual and/or systemic issue. Identifies options and/or provides opinions/recommendations for subsequent action (e.g.: case dismissal, mediation, changes to ambulance service/communication service(s) procedures and standards, training, etc). Creates interim reports as required, biweekly case reviews, etc. and identifies issues in consultation with the Manager, Investigation Services. Prepares information for briefing notes, chronologies, and provides input into presentations for public and community groups across the province.

6. Provides advice/expertise to municipalities and ambulance operators on the resolution of complex service issues/infractions, use of appropriate investigative procedures, or handling of complaints, mediating/negotiating solutions when possible. Liaises with other enforcement and government agencies, e.g. Municipal Police Departments, Ontario Provincial Police, other ministries (Transportation, Labour, Office of the Fire Marshal, Office of the Chief Coroner, etc.).

7. Conducts a variety of meetings and conciliation initiatives, applying proven case resolution techniques to conclude cases within Investigation Services policies, standards, procedures and timelines, (e.g.: facilitates conciliation through reviews and explanations of findings with the parties).

8. Consults and co-ordinates closely with other Investigation Services investigators, counsel, case management personnel etc. to ensure integrity, completeness, consistency and timeliness of investigations, and to share / obtain expertise.

9. Manages assigned case files in accordance with related standards, policies, procedures and related legislative conditions (e.g.: Freedom of Information & Protection of Privacy Act, Personal Health Information Protection Act, Coroners Act, etc.).

10. Assists Counsel at trial/inquest etc, as part of the prosecution team, by providing exhibits as required, scrutinizing testimony and advising Counsel of instances where witnesses fail to give pertinent facts and providing possible questions for cross examination. Assists in preparing and presenting evidence and briefing/ providing advice on sentencing issues. Appears as required as an expert witness to provide evidence regarding investigative, search and seizure and evidentiary issues. Attends court as an agent of the Crown to request adjournments, set trial dates, etc. and where necessary advises crown regarding counter arguments to defense counsel in the interest of justice to defend the ministry's position. Appears before a Justice of the Peace to satisfy requirements for the commission of an offence, swears and serves information, search warrants, summonses, and court orders. Consults with Counsel and witnesses to discuss aspects of the case in order to prepare for court appearances.

11. Initiating or carrying out follow-up investigative action subsequent to a prosecution or sanction and recommending or acting on additional, continued or reduced sanctions based on the findings of the follow up. Provides expertise, information and results of findings to support internal and external follow-up activities as required.

12. Recommends improvements/changes to emergency health programs, policies, standards and legislation based on identification of trends or impact of changes in legislation/standards/protocols in related areas. Undertaking/participating in special projects or committees (strategic planning, regulation review). Conducting research into emergency health service issues and making recommendations.

13. Develops and maintains relationships with other provincial and federal enforcement agencies, local and upper tier municipalities, courts and other investigative and regulatory bodies to exchange information as part of the investigative process; participate in joint investigations. Provides interpretations (to public service members, CACC manager) of the Ambulance Act, its regulations and standards and provides advice on ministry investigation and enforcement policies, processes and methods.

14. Performs other duties as assigned.


Note: Frequent and extensive travel within Ontario required.

Staffing and Licencing :

Valid Class G driver's licence

Knowledge :

• Practical and theoretical expertise in contemporary investigation principles, theories, practices, standards and tools, and the mandate of the Investigation Services and EHS Branch to: plan, execute and deliver impartial, accurate and complete investigations, analyses, reports and recommendations.
• Thorough knowledge of the Ambulance Act, R.S.O. 1990, Chapter A.19 and investigations-related regulations, statutes and precedents found in diverse resources (e.g.: constitutional law, the Criminal Code of Canada, the Canada Evidence Act, the Freedom of Information & Protection of Privacy Act, the Provincial Offences Act, the personal Health Information Protection Act, the health Facilities Special orders Act, and Regulations governing Investigation Services), to ensure integrity and compliance in the fulfillment of the investigator role.
• Thorough knowledge and understanding of the structure of ambulance and communication service organizations, duties and responsibilities of paramedics and communications officers, and specific issues regarding ambulance and communication services in Ontario.

Skills :

• Superior planning, analysis and evaluation skills, impartiality and aptitude for absorbing detail, in order to conduct sensitive and multifaceted investigations into public complaints about ambulance or communication services; gather and interpret evidence during investigations; ensure validity, reliability and continuity of evidence; identify and explain details of evidence required to support tests/theories of cases; ensure quality and compliance of investigations; deliver reliable and valid reports, advice and recommendations; and identify and assess trends and patterns requiring further investigation.
• The ability to identify regulatory breaches and other provincial and/or criminal offences, interview and interrogate witnesses, and to advise of rights and obligations and ensure the admissibility of evidence in court or other quasi-judicial forums.
• Strong organizational, project management, practical problem-solving and administrative skills, to plan and conduct concurrent investigations efficiently and effectively while ensuring their integrity; and to co-ordinate and provide on-the-job mentoring to other investigators.
• Excellent written and oral communications to conduct investigatory interviews and discussions; explain investigation principles, needs, approach, findings, interpretation and analysis of evidence, and related legislation, policies, procedures and guidelines, and theories about the investigation; read investigative materials; prepare reports and recommendations.
• Sound skills in applying appropriate case resolution techniques to facilitate resolution/conclude cases expediently and efficiently.
• Excellent interpersonal skills to manage diverse relationships; demonstrate tolerance, patience and sensitivity to persons involved in the investigative process and to the public and communities; and to use tact and discretion when gathering, discussing and disclosing case-related information which is typically sensitive and/or confidential.
• Proficiency in using technology to record interviews, etc.
• Proficiency in using common office software to research, analyze qualitative and quantitative information/ data and develop reports; plan, track and co-ordinate work; prepare correspondence and opinions/ recommendations, etc.

Freedom of Action :

Work is performed independently under the general supervision of the Manager Investigation Services. Position has access to ambulance service legislation, regulations, standards, policies and objectives and related legislation (e.g. Coroners Act, Ontario Evidence Act), court, administrative tribunals and legal processes, procedures and rules and overall division policies, procedures and objectives.

Position exercises latitude for decision making in: planning investigative strategies and conducting investigations; identifying and determining the value and admissibility of evidence to substantiate an allegation; mediating and resolving confrontational situations in the field with a variety of clients / stakeholders; determining most appropriate investigative technique to obtain information from witnesses, officials, legal representatives; determine the need for search warrants and defending the nature of the search and the evidentiary sufficiency of the proceeds; determining whether sufficient information, beyond reasonable and probable grounds, exists to pursue legal action; interpreting findings in relation to relevant legislation, precedents and policies; representing the Crown in court as an expert witness; providing expert advice and recommendations to senior staff / management on investigative issues and Crown counsel during trials.

Work is reviewed by the Manager Investigation Services throughout the investigative process for soundness of investigative decisions and adherence to relevant legislation, policies, standards and regulatory objectives.

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