Ontario Security Guard Test Legal Authorities of Security Guards 2

Question 1

Under section 25 of the Criminal Code, what level of force may a security guard use when making a lawful arrest?

Accepted Answer

Force that is reasonable and necessary in the circumstances

Answer

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?

Accepted Answer

Yes, under section 494(2) as the owner's agent for a criminal offence on or in relation to the property

Answer

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?

Accepted Answer

Unlawfully detaining or confining a person without legal authority

Answer

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?

Accepted Answer

Handcuffs are not prohibited but their use must be justified as reasonable force

Answer

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?

Accepted Answer

Reasonable and probable grounds

Answer

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.

Ontario Security Guard Practice Test

Ontario Security Guard Practice Test

Ontario Security Guard Test Legal Authorities of Security Guards 2