Under what circumstances can a private security guard make a lawful citizen's arrest for an indictable offence as outlined in Section 494 of the Criminal Code of Canada?

Question: Under what circumstances can a private security guard make a lawful citizen's arrest for an indictable offence as outlined in Section 494 of the Criminal Code of Canada?

Answer options: ✅ When they witness the indictable offence being committed, or on reasonable grounds believe that a person has committed an indictable offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

• Only when a police officer is not immediately available to respond to the scene.
• If they have received direct orders from their supervisor to apprehend the suspect.
• After obtaining a warrant for arrest from a justice of the peace.

Correct answer: When they witness the indictable offence being committed, or on reasonable grounds believe that a person has committed an indictable offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

Explanation: Section 494(1) of the Criminal Code permits anyone to arrest without warrant a person whom he finds committing an indictable offence. Section 494(2) permits an owner or person in lawful possession of property, or a person authorized by them, to arrest someone they find committing a criminal offence on or in relation to that property, and also if they believe on reasonable grounds that a person has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person.