Ontario Security Guard Test Legal Authorities of Security Guards 3 — Questions and Answers
Question 1: What is the difference between an 'indictable offence' and a 'summary offence' in the context of a citizen's arrest?
- There is no difference for arrest purposes
- A citizen can arrest for indictable offences but has more limited powers for summary offences (Correct answer)
- Summary offences carry heavier penalties
- Indictable offences cannot result in arrest
Correct answer: A citizen can arrest for indictable offences but has more limited powers for summary offences
Under section 494(1)(b), a private citizen may arrest someone they believe on reasonable grounds has committed or is about to commit an indictable (serious) offence. For summary (minor) offences, the person must be found committing the offence.
Question 2: A security guard sees someone being assaulted. Can the guard intervene?
- No, only police can intervene in assaults
- Yes, the guard may use reasonable force to prevent the assault under section 27 of the Criminal Code (Correct answer)
- Only if the victim asks for help
- Only if it occurs on the property they are guarding
Correct answer: Yes, the guard may use reasonable force to prevent the assault under section 27 of the Criminal Code
Section 27 of the Criminal Code allows anyone to use reasonable force to prevent the commission of an offence that could cause immediate harm to any person.
Question 3: What is the legal significance of 'colour of right' for security guards?
- It means the guard wears the correct uniform colour
- It refers to an honest belief in a legal right or authority (Correct answer)
- It is a type of arrest warrant
- It refers to racial profiling prevention
Correct answer: It refers to an honest belief in a legal right or authority
Colour of right refers to an honest but possibly mistaken belief that one has a legal right to do something. This concept can be relevant when property disputes arise during security work.
Question 4: Under Ontario law, what constitutes 'trespass' on property?
- Only breaking into a building
- Entering premises when entry is prohibited or remaining after being directed to leave (Correct answer)
- Standing on a public sidewalk near private property
- Parking in a private lot during business hours
Correct answer: Entering premises when entry is prohibited or remaining after being directed to leave
Under the Trespass to Property Act, trespass occurs when a person enters premises where entry is prohibited by notice or remains on premises after being directed to leave by the occupier or their agent.
Question 5: Can a security guard use force to defend themselves if attacked while on duty?
- No, they must wait for police
- Yes, under section 34 of the Criminal Code (self-defence), using reasonable force (Correct answer)
- Only if they have a weapons permit
- Only if they file a report first
Correct answer: Yes, under section 34 of the Criminal Code (self-defence), using reasonable force
Section 34 of the Criminal Code provides the right of self-defence to every person, including security guards. The force used must be reasonable in the circumstances.
Question 6: What is 'due diligence' in the context of a security guard's legal responsibilities?
- Conducting financial audits
- Taking all reasonable steps to prevent an offence or comply with the law (Correct answer)
- Filing reports with the Registrar
- Checking identification at building entrances
Correct answer: Taking all reasonable steps to prevent an offence or comply with the law
Due diligence means taking all reasonable steps and precautions to comply with the law and prevent harm. Demonstrating due diligence can serve as a defence against certain charges.
Ontario Security Guard Test Legal Authorities of Security Guards 3
What is the difference between an 'indictable offence' and a 'summary offence' in the context of a citizen's arrest?