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Canadian Security Guard Fundamentals · Question

An off-duty security guard witnesses a serious assault in a public park. The assailant begins to walk away. Can the off-duty guard initiate an arrest?

As an off-duty security guard, their powers of arrest are those of a private citizen. Section 494(1)(a) of the Criminal Code allows any person to arrest without

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Question: An off-duty security guard witnesses a serious assault in a public park. The assailant begins to walk away. Can the off-duty guard initiate an arrest?

Answer options:

  • No, as they are not on duty and therefore have no greater powers than any other citizen.
  • Yes, if they identify themselves as a security guard to the assailant. ✅ Yes, as long as they have reasonable grounds to believe the assailant is committing or has just committed an indictable offence.
  • No, because security guards can only make arrests on property they are contracted to protect.

Correct answer: Yes, as long as they have reasonable grounds to believe the assailant is committing or has just committed an indictable offence.

Explanation: As an off-duty security guard, their powers of arrest are those of a private citizen. Section 494(1)(a) of the Criminal Code allows any person to arrest without warrant a person whom they find committing an indictable offence or who, on reasonable grounds, they believe has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

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