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Confidentiality: One of the Most Important Parts of a Forensic Agrology Investigation
By George Lewko, PAg
Whether investigating pesticide spray drift, environmental contamination, crop damage, livestock losses, fire damage, flooding, or other agricultural losses, one principle should guide every investigation from the very beginning:
Maintain confidentiality.
Confidentiality protects everyone involved and allows the investigation to proceed based on facts rather than rumours, assumptions, or public opinion.
The Investigation Comes First
Before discussing fault or liability, conduct a thorough investigation.
An experienced Professional Agrologist—and preferably one trained in forensic agrology—should collect and preserve all available evidence before it disappears.
Depending on the circumstances, this may include:
The Importance of an Independent Expert
One of the biggest mistakes parties make is hiring someone simply to support their position.
Courts generally place much greater weight on an investigator who is independent, objective, and evidence-driven than one who appears to advocate for a particular outcome.
A Professional Agrologist acting as a forensic investigator should be prepared to follow the evidence wherever it leads—even if the conclusions are not what the client initially expected.
An effective Expert Witness is not a "hired gun."
Instead, they are an independent professional whose responsibility is to assist the court by providing unbiased scientific and technical opinions based on the available evidence.
That credibility is often one of the most valuable assets in a legal proceeding.
Keep Information on a Need-to-Know Basis
Agricultural communities are close-knit.
Neighbours naturally become curious when they notice investigators, drones, soil sampling, or unusual activity in a field.
The simplest and most appropriate response is often:
"It's a confidential matter that I can't discuss."
Avoid discussing:
Most Settlements Remain Confidential
Many agricultural damage claims are resolved through negotiated settlements rather than a trial.
It is common for settlement agreements to include confidentiality clauses that prevent either party from discussing:
Preserve Evidence Early
Time is often the greatest enemy of a successful investigation.
Know the Limitation Period
For significant agricultural damage claims—particularly those involving losses exceeding $100,000—it is prudent to consult legal counsel early in the process.
Across much of Canada, including Saskatchewan, there are limitation periods that generally require legal action to be started within a specified timeframe. In many situations, this is two years from the date the claim is discovered or reasonably should have been discovered, although exceptions can apply depending on the circumstances and applicable legislation.
Waiting too long may significantly affect your legal options.
An early discussion with a lawyer does not necessarily mean a lawsuit will follow. It simply helps ensure that important deadlines are not missed while the investigation is ongoing.
Documentation Wins Cases
Successful claims are rarely based on opinions alone.
They are built upon:
In forensic agrology, evidence is your strongest asset. Collect it carefully, protect it diligently, and maintain confidentiality throughout the investigation. Those principles not only strengthen a claim—they help ensure that conclusions are based on sound science rather than speculation.
By George Lewko, PAg
Whether investigating pesticide spray drift, environmental contamination, crop damage, livestock losses, fire damage, flooding, or other agricultural losses, one principle should guide every investigation from the very beginning:
Maintain confidentiality.
Confidentiality protects everyone involved and allows the investigation to proceed based on facts rather than rumours, assumptions, or public opinion.
The Investigation Comes First
Before discussing fault or liability, conduct a thorough investigation.
An experienced Professional Agrologist—and preferably one trained in forensic agrology—should collect and preserve all available evidence before it disappears.
Depending on the circumstances, this may include:
- High-resolution photographs taken throughout the investigation.
- GPS-referenced photographs and field observations.
- Drone imagery.
- Satellite imagery documenting conditions over time.
- Weather records.
- Soil, plant, water, or residue sampling.
- Laboratory analysis from accredited third-party laboratories.
- Chain of custody documentation for all collected samples.
- Witness interviews.
- Detailed field notes and observations.
- Historical cropping and management records.
The Importance of an Independent Expert
One of the biggest mistakes parties make is hiring someone simply to support their position.
Courts generally place much greater weight on an investigator who is independent, objective, and evidence-driven than one who appears to advocate for a particular outcome.
A Professional Agrologist acting as a forensic investigator should be prepared to follow the evidence wherever it leads—even if the conclusions are not what the client initially expected.
An effective Expert Witness is not a "hired gun."
Instead, they are an independent professional whose responsibility is to assist the court by providing unbiased scientific and technical opinions based on the available evidence.
That credibility is often one of the most valuable assets in a legal proceeding.
Keep Information on a Need-to-Know Basis
Agricultural communities are close-knit.
Neighbours naturally become curious when they notice investigators, drones, soil sampling, or unusual activity in a field.
The simplest and most appropriate response is often:
"It's a confidential matter that I can't discuss."
Avoid discussing:
- possible causes;
- suspected responsible parties;
- laboratory results;
- legal strategies;
- settlement discussions; or
- opinions about liability.
Most Settlements Remain Confidential
Many agricultural damage claims are resolved through negotiated settlements rather than a trial.
It is common for settlement agreements to include confidentiality clauses that prevent either party from discussing:
- settlement amounts;
- terms of the agreement;
- admissions of liability; or
- negotiation details.
Preserve Evidence Early
Time is often the greatest enemy of a successful investigation.
- Plants continue to grow.
- Weather changes.
- Spray residues degrade.
- Equipment is cleaned.
- Fields are harvested.
- Memories fade.
Know the Limitation Period
For significant agricultural damage claims—particularly those involving losses exceeding $100,000—it is prudent to consult legal counsel early in the process.
Across much of Canada, including Saskatchewan, there are limitation periods that generally require legal action to be started within a specified timeframe. In many situations, this is two years from the date the claim is discovered or reasonably should have been discovered, although exceptions can apply depending on the circumstances and applicable legislation.
Waiting too long may significantly affect your legal options.
An early discussion with a lawyer does not necessarily mean a lawsuit will follow. It simply helps ensure that important deadlines are not missed while the investigation is ongoing.
Documentation Wins Cases
Successful claims are rarely based on opinions alone.
They are built upon:
- reliable evidence;
- accurate documentation;
- accredited laboratory analyses;
- properly preserved samples;
- objective expert opinions; and
- clear scientific reasoning.
In forensic agrology, evidence is your strongest asset. Collect it carefully, protect it diligently, and maintain confidentiality throughout the investigation. Those principles not only strengthen a claim—they help ensure that conclusions are based on sound science rather than speculation.
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