Which of the following would constitute an 'assault' under the Criminal Code of Canada, for which a security guard could be held liable if they used excessive force during an intervention?

Question: Which of the following would constitute an 'assault' under the Criminal Code of Canada, for which a security guard could be held liable if they used excessive force during an intervention?

Answer options:

• Blocking an individual's path to prevent them from entering a restricted area. ✅ Threatening to apply force to another person, without their consent, with the ability to carry out the threat.
• Verbally asking an individual to leave private property they are trespassing on.
• Placing handcuffs on a person after they have voluntarily surrendered.

Correct answer: Threatening to apply force to another person, without their consent, with the ability to carry out the threat.

Explanation: Section 265(1)(b) of the Criminal Code defines assault as attempting or threatening, by an act or gesture, to apply force to another person, if he or she has, or causes that other person to believe on reasonable grounds that he or she has, the present ability to effect his or her purpose. The use of excessive force by a security guard can also constitute an assault.