Ontario Security Guard Test Legal Authorities of Security Guards 2 — Questions and Answers
Question 1: Under section 25 of the Criminal Code, what level of force may a security guard use when making a lawful arrest?
- Maximum force necessary to subdue the person
- Force that is reasonable and necessary in the circumstances (Correct answer)
- No force is ever permitted
- Deadly force if the person resists
Correct answer: Force that is reasonable and necessary in the circumstances
Section 25 of the Criminal Code permits anyone authorized by law to use force that is reasonably necessary in the circumstances. The force must be proportional to the threat.
Question 2: A security guard observes a shoplifter concealing merchandise and leaving the store. Can the guard arrest them?
- No, only police can arrest shoplifters
- Yes, under section 494(2) as the owner's agent for a criminal offence on or in relation to the property (Correct answer)
- Yes, but only if the item is worth more than $100
- No, they can only report it to police
Correct answer: Yes, under section 494(2) as the owner's agent for a criminal offence on or in relation to the property
Under section 494(2) of the Criminal Code, the owner of property or their authorized agent (security guard) may arrest someone found committing a criminal offence on or in relation to their property.
Question 3: What is 'false imprisonment' in the context of security guard work?
- Failing to report a crime to police
- Unlawfully detaining or confining a person without legal authority (Correct answer)
- Refusing to let an employee leave their shift early
- Locking a building after hours
Correct answer: Unlawfully detaining or confining a person without legal authority
False imprisonment occurs when a security guard detains someone without lawful authority. This can result in both criminal charges and civil liability.
Question 4: Under Canadian law, does a security guard have the authority to carry handcuffs?
- Yes, handcuffs are standard security equipment
- Handcuffs are not prohibited but their use must be justified as reasonable force (Correct answer)
- No, only police officers can carry handcuffs
- Yes, but only on government property
Correct answer: Handcuffs are not prohibited but their use must be justified as reasonable force
While handcuffs are not prohibited items, a security guard's use of them must be justified as reasonable force in the circumstances. Improper use could lead to assault charges.
Question 5: What legal principle protects a security guard from liability when making a good-faith arrest?
- Qualified immunity
- Reasonable and probable grounds (Correct answer)
- Diplomatic immunity
- Employer indemnification
Correct answer: Reasonable and probable grounds
A security guard is protected from liability when they act on reasonable and probable grounds to believe an offence has been committed. The grounds must be objectively justifiable.
Question 6: Can a security guard detain a person they suspect of committing a crime earlier in the day but did not witness?
- Yes, suspicion is sufficient grounds for detention
- No, the guard must have found the person committing the offence (Correct answer)
- Yes, if they have video evidence
- Yes, but only with the employer's approval
Correct answer: No, the guard must have found the person committing the offence
Under section 494, a citizen's arrest generally requires finding the person committing the offence. Suspicion alone, even with evidence, does not give a security guard the right to detain someone.
