BC Security Guard Licence Exam Prep · Question
A security guard, while lawfully performing duties on private property open to the public, detains an individual suspected of committing an indictable offence. The individual resists and attempts to flee. The security guard uses a degree of physical force to prevent the escape, resulting in a minor abrasion to the suspect. Under what specific section of the Criminal Code of Canada might the security guard be justified in their actions?
Section 25(1) of the Criminal Code of Canada provides protection to persons enforcing the law, including those acting under an arrest power. If the security gua
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Question: A security guard, while lawfully performing duties on private property open to the public, detains an individual suspected of committing an indictable offence. The individual resists and attempts to flee. The security guard uses a degree of physical force to prevent the escape, resulting in a minor abrasion to the suspect. Under what specific section of the Criminal Code of Canada might the security guard be justified in their actions?
Answer options:
- Section 26 - Self-defence
- Section 494 - Arrest by private person ✅ Section 25 - Protection of persons administering and enforcing the law
- Section 34 - Defence of person
Correct answer: Section 25 - Protection of persons administering and enforcing the law
Explanation: Section 25(1) of the Criminal Code of Canada provides protection to persons enforcing the law, including those acting under an arrest power. If the security guard was lawfully arresting the individual (which a private citizen can do under Section 494 for an indictable offence), Section 25 would then permit the use of reasonable force necessary to effect that arrest and prevent escape.
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