A security guard is patrolling a commercial property and observes an individual attempting to force entry into a parked vehicle using a slim jim. The individual notices the guard, drops the tool, and attempts to flee. The guard, having reasonable grounds to believe an indictable offence is being committed, pursues and apprehends the individual. Under which section of the Criminal Code is the security guard most likely authorized to make this arrest?

Question: A security guard is patrolling a commercial property and observes an individual attempting to force entry into a parked vehicle using a slim jim. The individual notices the guard, drops the tool, and attempts to flee. The guard, having reasonable grounds to believe an indictable offence is being committed, pursues and apprehends the individual. Under which section of the Criminal Code is the security guard most likely authorized to make this arrest?

Answer options: ✅ Section 494(1) - Arrest by Person Who Is Not a Peace Officer

• Section 495(1) - Arrest by Peace Officer Without Warrant
• Section 493 - Interpretation of Arrest Powers
• Section 25(1) - Protection Against Criminal Responsibility for Force

Correct answer: Section 494(1) - Arrest by Person Who Is Not a Peace Officer

Explanation: Section 494(1) of the Criminal Code of Canada grants any person (including a security guard acting as a private citizen) the power to arrest without warrant a person whom he finds committing an indictable offence, or a person who, on reasonable grounds, he believes has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person.