Ontario Security Guard Test Legal Authorities of Security Guards 3

Question 1

What is the difference between an 'indictable offence' and a 'summary offence' in the context of a citizen's arrest?

Accepted Answer

A citizen can arrest for indictable offences but has more limited powers for summary offences

Answer

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?

Accepted Answer

Yes, the guard may use reasonable force to prevent the assault under section 27 of the Criminal Code

Answer

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?

Accepted Answer

It refers to an honest belief in a legal right or authority

Answer

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?

Accepted Answer

Entering premises when entry is prohibited or remaining after being directed to leave

Answer

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?

Accepted Answer

Yes, under section 34 of the Criminal Code (self-defence), using reasonable force

Answer

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.

Ontario Security Guard Practice Test

Ontario Security Guard Practice Test

Ontario Security Guard Test Legal Authorities of Security Guards 3