Search Readiness and Response: Risk Assessment Practice Guide

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There are numerous criminal and quasi-criminal regimes in Canada that provide authorities with search and seizure powers.

Canada Legal Risk Management

There are numerous criminal and quasi-criminal regimes in Canada that provide authorities with search and seizure powers. As well, many industry or other regulatory regimes include inspection or other investigatory powers

Risk assessment is the first step an organization must take to determine whether it is prepared for a potential search and inspection, and to determine any steps that can be taken to reduce the risk of such searches occurring.

An organization’s risk level will depend on:

The nature of organization’s operations;
The organization’s internal culture; and
The likelihood of media scrutiny.

The Analytical Framework for Assessing an Organizations Risk for a Search or Inspection

Probability of Investigation	Costs of Investigation
Likelihood of a complaint (from competitor, customer, supplier, disgruntled employee, etc.) Likelihood of media coverage Likelihood that enforcement authorities will initiate and pursue an investigation	Time spent by company personnel Fees for professional advisors Impact of uncertainty Potential reputational effects if market participants or media become aware

Probability of Negative Outcome	Consequences of Negative Outcome
Likelihood of a complaint (from competitor, customer, supplier, disgruntled employee, etc.) Likelihood of media coverage Likelihood that enforcement authorities will initiate and pursue an investigation	Time spent by company personnel Fees for professional advisors Impact of uncertainty Potential reputational effects if market participants or media become aware

Take Note

This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.