The Canadian Legal System Flashcards

A security professional is patrolling a private property and witnesses an individual breaking into a vehicle. According to Section 494 of the Criminal Code of Canada, what is the most appropriate initial action for the security professional to take?

Answer: Arrest the individual and immediately notify law enforcement.

Section 494 of the Criminal Code of Canada allows any person, including a security professional, to arrest without a warrant someone they find committing an indictable offence. After making a citizen's arrest, the individual must be delivered to a peace officer forthwith.

Which of the following BEST describes the primary difference between criminal law and civil law in the Canadian legal system?

Answer: Criminal law focuses on punishing acts against society, while civil law aims to resolve private disputes between individuals or organizations.

Criminal law deals with offences against the state or society as a whole (e.g., theft, assault) and aims to punish offenders. Civil law addresses private disputes between parties (e.g., contract breaches, property damage) and seeks to provide compensation or remedies.

A security professional in Alberta is required to present their license upon request. Which of the following parties is NOT explicitly mentioned as someone they must show their license to?

Answer: An on-duty firefighter

While it is good practice to cooperate with all emergency services, legislation like Ontario's similar Private Security and Investigative Services Act, which mirrors common requirements, specifies that a license must be shown to police, employers, and any member of the public who asks. There is no specific legal requirement to present it to a firefighter unless they are acting in a law enforcement capacity.

In Alberta's court system, which court is the highest court of appeal within the province?

Answer: The Court of Appeal of Alberta

The Court of Appeal of Alberta is the highest court in the province and hears appeals from decisions made by the Court of King's Bench and the Alberta Court of Justice. The Supreme Court of Canada is the highest court for the entire country, not just the province.

While on duty, a security professional is advised by their employer's policy not to physically intervene in any situation. However, they witness a serious assault in progress. Under the Criminal Code, what is the security professional's legal standing?

Answer: Their legal authority to act as a private citizen under the Criminal Code may supersede the employer's policy in certain situations.

A security professional's powers of arrest and use of force are derived from the Criminal Code, which applies to all private citizens. While company policy is important, the Criminal Code provides legal authority to act (e.g., make a citizen's arrest, use reasonable force to prevent an offence) that is independent of employer policy. A restrictive policy does not remove these legal rights, although acting against policy may have employment consequences.

The Canadian Charter of Rights and Freedoms protects individuals from unreasonable search and seizure by government agents. What is the primary implication of this for a security professional acting as a private citizen?

Answer: They are not bound by the Charter because they are not government agents, but they still cannot search individuals without consent or legal justification.

The Charter primarily applies to actions by the government and its agents (like police). While a security professional is a private citizen and not directly bound by the Charter in the same way, common law and the Criminal Code still place strict limits on their ability to search individuals. A search without consent is generally illegal and can constitute assault, unless it is conducted as a safety measure incidental to a lawful arrest.