A security guard is patrolling a construction site after hours and encounters two individuals attempting to remove copper wiring. When confronted, one individual brandishes a simple hand tool but does not overtly threaten the guard. Under what specific conditions could the security guard use force to effect an arrest under the Criminal Code, and what is the limit of that force?

Question: A security guard is patrolling a construction site after hours and encounters two individuals attempting to remove copper wiring. When confronted, one individual brandishes a simple hand tool but does not overtly threaten the guard. Under what specific conditions could the security guard use force to effect an arrest under the Criminal Code, and what is the limit of that force?

Answer options:

• The guard can use any force necessary to prevent the theft and protect the property, as they are acting on behalf of the owner, up to causing serious bodily harm. ✅ The guard can use 'as much force as is reasonably necessary' to prevent the offence or to effect arrest, if the guard believes on reasonable grounds that the individuals are committing an indictable offence, and provided the individual cannot be apprehended otherwise.
• The guard can only use force if the individual first attacks them, and then only in self-defence, as all powers of arrest are reserved for police.
• The guard cannot use any force; their role is limited to observing and reporting to the police.

Correct answer: The guard can use 'as much force as is reasonably necessary' to prevent the offence or to effect arrest, if the guard believes on reasonable grounds that the individuals are committing an indictable offence, and provided the individual cannot be apprehended otherwise.

Explanation: Section 494(2) of the Criminal Code states that any person may arrest without warrant a person whom they find committing a criminal offence and who is escaping from and freshly pursued by persons who have lawful authority to arrest that person. Section 25 of the Criminal Code allows a person who is authorized to arrest to use as much force as is reasonably necessary to effect the arrest or prevent the escape, provided the individual cannot be apprehended otherwise.