Under the Criminal Code of Canada (Section 494), a security guard must turn over a person they have arrested to the police as soon as possible. Conducting a search without proper legal grounds or failing to notify law enforcement could result in liability.
Security guards in Alberta derive their authority to make arrests from the Criminal Code of Canada. They have the same authority as ordinary citizens under Section 494 to arrest someone committing an indictable offense or a crime on their employer’s property.
Security guards must act within their legal authority. Arresting without reasonable grounds, using excessive force, or failing to transfer custody to law enforcement can all result in legal liability or charges against the guard.
The Criminal Code of Canada (Section 25) allows the use of reasonable force for protection, provided it is necessary and proportional to the threat. Security guards cannot use force to enforce company policies or simply remove individuals unless there’s a clear threat.
"Reasonable grounds" require objective evidence or observations that would lead an average person to conclude that an offense has been committed. Acting on a hunch or assumption could lead to legal consequences.
The Trespass to Premises Act gives property owners (and their agents, including security guards) the authority to control access to private property and ask individuals to leave if they have no lawful right to be there.
