A summary of the law on these various topics then is as follows:
- A search of stored electronic communications and notes which violates the expected confidence of the employee will not be allowed.
- The common law confession rule may apply to the interview, with the consequence that such a statement will be inadmissible in a criminal proceeding.
- The right to silence may prevail where the questioned one faces criminal charges or likely pending criminal charges. This may be give rise to a civil defence to disciplinary proceedings. These are arbitral, not common law authorities.
- There is no right to Charter protections, including the right to counsel, given the actions of a private actor, save in Alberta.
- The questioned one may be entitled to the notes of the investigator.
- There may be an argument at common law that the third party neutral investigator should advise the questioned one to retain counsel to understand their rights.