A security guard observes a person siphoning gasoline from a parked car in an underground parking garage. The guard approaches the individual, who immediately drops the siphoning hose and attempts to flee. The guard, believing the individual has just committed an indictable offense, physically restrains them until police arrive. Under which of the following circumstances would this arrest be considered lawful by a private citizen in Canada?

Question: A security guard observes a person siphoning gasoline from a parked car in an underground parking garage. The guard approaches the individual, who immediately drops the siphoning hose and attempts to flee. The guard, believing the individual has just committed an indictable offense, physically restrains them until police arrive. Under which of the following circumstances would this arrest be considered lawful by a private citizen in Canada?

Answer options:

• If the guard had reasonable grounds to believe the person was about to commit an indictable offence. ✅ If the guard actually witnessed the commission of an indictable offense.
• If the guard believed the person was 18 years of age or older.
• If the guard was acting under direct orders from their employer to detain all individuals suspected of theft.

Correct answer: If the guard actually witnessed the commission of an indictable offense.

Explanation: Section 494(1)(a) of the Criminal Code of Canada allows any person to arrest without warrant a person whom he finds committing an indictable offence. In this scenario, the guard witnessed the act, fulfilling this requirement.