A security guard, while conducting patrols, discovers an individual attempting to break into a locked vehicle on the property. The security guard believes the individual is committing the indictable offence of mischief or attempted theft. Under what condition can the security guard legally make a citizen's arrest according to Criminal Code Section 494?

Question: A security guard, while conducting patrols, discovers an individual attempting to break into a locked vehicle on the property. The security guard believes the individual is committing the indictable offence of mischief or attempted theft. Under what condition can the security guard legally make a citizen's arrest according to Criminal Code Section 494?

Answer options: ✅ If they apprehend the person while the offence is actively occurring.

• Only after a police officer has arrived and instructed them to do so.
• If they have merely observed suspicious behaviour, but not an active offence.
• If the person is causing a public disturbance.

Correct answer: If they apprehend the person while the offence is actively occurring.

Explanation: Section 494(1)(a) allows for citizen's arrest by a person not a peace officer, of a person whom they 'find committing' an indictable offence.