Legal Authorities of Security Guards Flashcards
6 cards from real Ontario Security Guard Test practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Legal Authorities of Security Guards flashcards as text
What liability does a security guard face if they make a wrongful arrest?
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.
Under the Canadian Charter of Rights and Freedoms, which right is most relevant to a security guard making an arrest?
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.
A security guard detains a person suspected of shoplifting. The person demands to leave. What should the guard do?
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.
What is the legal term for a security guard who acts beyond their authority by pretending to be a police officer?
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.
Under Ontario's Liquor Licence and Control Act, what authority does a security guard have in a licensed establishment?
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.
What is 'vicarious liability' and how does it apply to security guard employers?
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.