A disgruntled former employee, known to HR for aggressive behaviour, enters a workplace after their employment has been terminated. They have no legitimate reason to be there. Can a security guard make a citizen's arrest under Section 494 of the Criminal Code?

Question: A disgruntled former employee, known to HR for aggressive behaviour, enters a workplace after their employment has been terminated. They have no legitimate reason to be there. Can a security guard make a citizen's arrest under Section 494 of the Criminal Code?

Answer options:

• No, because the employee was not caught committing an indictable offence. ✅ Yes, if the security guard believes the former employee is committing the indictable offence of 'mischief' by disrupting the office.
• Yes, if the former employee is disturbing the peace and refuses to leave after being told to do so.
• No, a citizen's arrest only applies to shoplifting offences.

Correct answer: Yes, if the security guard believes the former employee is committing the indictable offence of 'mischief' by disrupting the office.

Explanation: If the security guard finds the person committing an indictable offence, such as mischief (s.430 Criminal Code) which can include willfully obstructing, interrupting, or interfering with lawful use, enjoyment, or operation of property, a section 494 arrest may be justified.