Canadian Security Guard Fundamentals · Question
During a late-night patrol of a construction site, a security guard encounters an individual attempting to remove copper wiring from a secured building. The individual, upon seeing the guard, drops the tools and attempts to flee. The security guard, having reasonable grounds to believe the individual is committing the indictable offence of theft, pursues and detains the individual. Which of the following statements accurately describes the security guard's legal obligation after this lawful detention?
Section 494(3) of the Criminal Code of Canada mandates that any person who makes an arrest without warrant, including a security guard, must forthwith deliver t
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Question: During a late-night patrol of a construction site, a security guard encounters an individual attempting to remove copper wiring from a secured building. The individual, upon seeing the guard, drops the tools and attempts to flee. The security guard, having reasonable grounds to believe the individual is committing the indictable offence of theft, pursues and detains the individual. Which of the following statements accurately describes the security guard's legal obligation after this lawful detention?
Answer options:
- The security guard must immediately inform the individual of their right to counsel and their right to remain silent, mirroring police cautioning procedures. ✅ The security guard must deliver the detained individual directly to a peace officer without unnecessary delay.
- The security guard is legally permitted to question the individual extensively to gather detailed evidence before police arrival.
- The security guard must release the individual after confiscating the stolen wiring, as only police can lay charges.
Correct answer: The security guard must deliver the detained individual directly to a peace officer without unnecessary delay.
Explanation: Section 494(3) of the Criminal Code of Canada mandates that any person who makes an arrest without warrant, including a security guard, must forthwith deliver the person to a peace officer. While a security guard can detain, their powers regarding questioning and cautioning are limited compared to police, and their primary duty after a lawful arrest is to transfer custody.
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