A security guard observes an individual attempting to break into a parked car in a private parking lot. What power does the security guard have under the Criminal Code of Canada regarding this situation?

Question: A security guard observes an individual attempting to break into a parked car in a private parking lot. What power does the security guard have under the Criminal Code of Canada regarding this situation?

Answer options: ✅ The security guard can arrest the individual without a warrant if they find them committing a criminal offence.

• The security guard must immediately contact the police, as they have no power to intervene.
• The security guard can only issue a verbal warning and ask the individual to leave the property.
• The security guard can use any force necessary, including lethal force, to prevent the theft.

Correct answer: The security guard can arrest the individual without a warrant if they find them committing a criminal offence.

Explanation: Under Section 494(1) of the Criminal Code of Canada, any person may arrest without warrant a person whom he finds committing a criminal offence. Attempted break and enter is a criminal offence, giving the security guard arrest powers.