Ontario Security Guard Test Legal Authorities of Security Guards 4 — Questions and Answers
Question 1: What liability does a security guard face if they make a wrongful arrest?
- Only their employer is liable
- The guard may face both criminal charges (such as assault or forcible confinement) and civil lawsuits (Correct answer)
- No liability if they acted in uniform
- Only a fine from the Registrar
Correct answer: The guard may face both criminal charges (such as assault or forcible confinement) and civil lawsuits
A security guard who makes a wrongful arrest may face criminal charges for offences like assault, forcible confinement, or kidnapping, and may also be sued civilly for damages.
Question 2: Under the Canadian Charter of Rights and Freedoms, which right is most relevant to a security guard making an arrest?
- Freedom of religion
- The right not to be arbitrarily detained (Section 9) (Correct answer)
- Freedom of the press
- The right to vote
Correct answer: The right not to be arbitrarily detained (Section 9)
Section 9 of the Charter protects everyone from arbitrary detention or imprisonment. Security guards must ensure any detention is lawful and based on proper grounds.
Question 3: A security guard detains a person suspected of shoplifting. The person demands to leave. What should the guard do?
- Physically restrain them at all costs
- Assess whether they have lawful grounds for the arrest; if not, allow the person to leave (Correct answer)
- Call the store manager for permission to detain
- Lock the doors to prevent escape
Correct answer: Assess whether they have lawful grounds for the arrest; if not, allow the person to leave
The guard must quickly assess whether they have lawful grounds (finding the person committing a criminal offence) to make a citizen's arrest. Without lawful grounds, detaining the person could constitute false imprisonment.
Question 4: What is the legal term for a security guard who acts beyond their authority by pretending to be a police officer?
- Unauthorized policing
- Personating a peace officer (Criminal Code section 130) (Correct answer)
- Excessive authority
- Unlawful enforcement
Correct answer: Personating a peace officer (Criminal Code section 130)
Section 130 of the Criminal Code makes it an offence to personate (impersonate) a peace officer. A security guard who represents themselves as police commits this offence.
Question 5: Under Ontario's Liquor Licence and Control Act, what authority does a security guard have in a licensed establishment?
- The authority to serve alcohol
- The authority to remove intoxicated or disorderly persons at the direction of the licence holder (Correct answer)
- The authority to issue fines for underage drinking
- No authority inside licensed establishments
Correct answer: The authority to remove intoxicated or disorderly persons at the direction of the licence holder
Security guards working in licensed establishments may, at the direction of the licence holder, remove persons who are intoxicated, disorderly, or violating the conditions of the liquor licence.
Question 6: What is 'vicarious liability' and how does it apply to security guard employers?
- It means guards are liable for their employer's actions
- Employers can be held legally responsible for the wrongful acts of their security guard employees committed during employment (Correct answer)
- It only applies to government agencies
- It means the client is always liable
Correct answer: Employers can be held legally responsible for the wrongful acts of their security guard employees committed during employment
Vicarious liability means an employer can be held responsible for wrongful acts committed by their employees in the course of their employment. Security companies can be sued for the actions of their guards.
Ontario Security Guard Test Legal Authorities of Security Guards 4
What liability does a security guard face if they make a wrongful arrest?