During a late-night patrol, a security professional witnesses an individual deliberately vandalizing public transit property by spray-painting graffiti. The graffiti is extensive and clearly constitutes mischief. After identifying herself, the security professional attempts to detain the individual. The individual becomes aggressive and resists, striking the security professional. What, if any, is the security professional's lawful authority to use force in this detention situation?

Question: During a late-night patrol, a security professional witnesses an individual deliberately vandalizing public transit property by spray-painting graffiti. The graffiti is extensive and clearly constitutes mischief. After identifying herself, the security professional attempts to detain the individual. The individual becomes aggressive and resists, striking the security professional. What, if any, is the security professional's lawful authority to use force in this detention situation?

Answer options: ✅ The security professional may use only such force as is strictly necessary to prevent escape, provided the original offence was an indictable one.

• The security professional may use force up to and including potentially lethal force if necessary to overcome the aggressive resistance and complete the arrest.
• The security professional may use only the force absolutely required to overcome the assault against them, not for the purpose of the initial detention.
• The security professional, as a private citizen, loses the power of arrest once the individual resists, and must immediately retreat and call the police.

Correct answer: The security professional may use only such force as is strictly necessary to prevent escape, provided the original offence was an indictable one.

Explanation: Section 494(3) of the Criminal Code of Canada allows any person to arrest without warrant a person whom they find committing an indictable offence. Furthermore, Section 25(1) and 26 permits the use of as much force as is reasonably necessary to effect a lawful arrest or to prevent the escape of a person lawfully arrested. Mischief over a certain value, as implied by 'extensive' damage, could be an indictable offence.