Under the Criminal Code of Canada, a security guard's power of arrest, when acting as a private citizen, is generally limited to which of the following circumstances regarding an indictable offence?

Question: Under the Criminal Code of Canada, a security guard's power of arrest, when acting as a private citizen, is generally limited to which of the following circumstances regarding an indictable offence?

Answer options: ✅ When they find a person committing an indictable offence, or on reasonable grounds believe a person has committed an indictable offence and is escaping from persons lawfully entitled to arrest them.

• For any offence, including summary conviction offences, if they have reasonable grounds to believe the person will not appear in court.
• Only when a police officer is not immediately available to make the arrest.
• When they witness any infraction of property rules, regardless of severity.

Correct answer: When they find a person committing an indictable offence, or on reasonable grounds believe a person has committed an indictable offence and is escaping from persons lawfully entitled to arrest them.

Explanation: Section 494(1)(a) of the Criminal Code of Canada outlines a private citizen's power to arrest, which includes finding a person committing an indictable offence. It also permits arrest by a private citizen, under Section 494(1)(b), if they reasonably believe a person has committed an indictable offence and is escaping pursuit from a person lawfully entitled to arrest them.