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Canadian Security Guard Fundamentals · Question

A private citizen discovers someone breaking into a building and immediately detains them. What is the private citizen's primary legal obligation after making this arrest?

Section 494(3) of the Criminal Code of Canada mandates that any private person who makes an arrest must forthwith deliver the person arrested to a peace officer

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Question: A private citizen discovers someone breaking into a building and immediately detains them. What is the private citizen's primary legal obligation after making this arrest?

Answer options:

  • To transport the arrested individual to the nearest police station.
  • To hold the individual until a security guard arrives. ✅ To promptly deliver the arrested person to a peace officer.
  • To question the individual about their motives for the break-in.

Correct answer: To promptly deliver the arrested person to a peace officer.

Explanation: Section 494(3) of the Criminal Code of Canada mandates that any private person who makes an arrest must forthwith deliver the person arrested to a peace officer. Failure to do so could lead to liability for unlawful detention.

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